By GRACE CHAILE LESOETSA
THE Josephs Akafumba led National Democratic Congress (NDC) has asked the Lusaka High Court not to grant the order of injunction to the Saboi Imboela faction as it this would discharge the order of injunction granted by the Ndola High Court where Bridget Atanga is recognised as the Party Secretary General (SG).
In this matter, Mr Charles Kabwita, suing in his capacity as SG of the Imboela faction, wants a declaration that Mr Akafumba, Ms Atanga and seven others, were expelled from NDC in line with the party’s constitution. Mr Kabwita seeks an order of injunction restraining the Akafumba group from masquerading as party members. But media director Emmanuel Malite of the Akafumba faction in an affidavit in opposition to summons for an order of interlocutory injunction has argued that Mr Kabwita is not the party’s SG.
“That I am further advised by my advocates that the order of injunction if granted in this matter would not serve to maintain the status quo until the merits of the matter are concluded but will instead create conditions favourable to the plaintiff and thus have the effect of irregularly disposing of the matter in its infancy and before it is tried because the parties have operated in this manner since March 2021 when the order of injunction was granted,” he stated.
“That further, the injunction if granted under this matter has the effect of discharging the order of injunction granted by Ndola High Court where by the second defendant (Ms Atanga) herein is the recognised SG and Chief Executive Officer of the NDC party and not the plaintiff,” he added.
In March this year, the Ndola High Court granted the Akafumba faction an order of injunction preventing then NDC leader Chishimba Kambwili, Ms Imboela and others from holding themselves as party members. Mr Malite stated that the facts in the matter filed by Mr Kabwita were the same as those in the case before the Ndola High Court. He also stated that the plaintiff has failed to demonstrate any substantial injury that can never be atoned for by damages as there is no urgent issue in his lawsuit.
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