FDD battle rages in court

Wed, 10 May 2017 09:34:00 +0000

By CHIKUMBI KATEBE

THE fight for the future of the Forum for Democracy and Development has continued in the Lusaka High Court.

The Edith  Nawakwi  led faction has petitioned the High Court to stop the Chifumu Banda faction from using the party name in its activities.

But the Chifumu Banda team  has countered the application  stating that their ouster from the party was illegal and  unconstitutional because their mission was intended to save the party from collapse.

Now the r Lusaka High Court has ordered for a refiling of an amended affidavit in order to address preliminary issues raised in which Forum for Democracy and Development sued Chifumu Banda and two others to stop using the party name in their activities.

High Court Justice Sharon Newa ordered in her ruling that counsel to the defendants resubmit an amended affidavit after curing its defects which debar it before court.

The Lady Justice said the rules were very clear on filing an affidavit work by a Commissioner of Oaths that it must indicate place of commissioning as well as date of commission, unlike what was the case before her.

She said the defects in the affidavit was curable and that a fresh affidavit should be filed within seven days.

This means that the wtwo parties will still have another day in court to resolve the hiatus that threatens to the  opposition FDD.

Ëxpelled vice president Chifumu Banda earlier last month formed the  “Save the FDD” group, which demanded that  party leader Edith Nawakwi should step down and pave  way for elections instead of maneuvering to secure a third term which was not provided in the constitution of the party..

Banda said the FDD could drift into oblivion if nothing was done to hold the national convention.

However the offifical FDD has rubbished the claim and gone to court.

Party spokesperson Antonio Mwanza  has declared that “”The so called Save FDD Committee is an illegal Committee and has no  mandate whatsoever. The FDD Constitution clearly outlines the Committees of the Party and the so called Save FDD Committee is not one of them hence all its pronouncements and activities are null and void and must be treated with the contempt they deserve. “he said.

He said that Mr Chifumu Banda remained expelled from the Party and had no locus standi to comment on the activities and decisions of the Party.

Soon after FDD national secretary Nathan Mulonga commenced legal proceedings to restrain Mr. Banda together with Lawrence Mwelwa and Copperbelt party chairman Yotam Mutayachalo from using the party name in their activities after the national policy committee allegedly expelled them for gross indiscipline.

Justice Newa has since set 26th May, 2017 as date for the ruling on the application for the injunction.