Court action to remove Kaunda thrown out
THE Lusaka High Court has thrown out a matter in which three United National Independence Party (UNIP) members had asked the Court to order their party president Tilyenji Kaunda, his deputy Njekwa Anamela and the Secretary General Kenneth Kaira to vacate UNIP offices and put in place an interim committee to call for fresh elections because the trio have overstayed in office.
In this matter, party members Jairus Chakulunta, Charles Lubasi and Mwansa Musunte were seeking a declaration that the continued stay of the respondents in office was in violation of the UNIP constitution.
The members submitted in a statement of claim that according to the provisions of the constitution of UNIP, the office bearers that were elected at the general congress were to serve a term of five years after which fresh elections were to be called.
But the defendants filed in their defence that the plaintiffs were not genuine members of UNIP as they were expelled for violating party regulations 8(a) (b) (f) (h), (n) and (o) of the party constitution.
When the matter came for final determination, High Court Judge Betty Mung’omba dismissed the claims on grounds that the plaintiffs had failed to prove their case and that there was no legal basis upon which she could make such declarations.
In her judgement, judge Mung’omba said the mere fact that the plaintiffs were expelled from UNIP, meant that they lost the right to participate in the affairs of the party.
“I find and hold that the plaintiffs were expelled from the party and therefore this means they lost their rights and privileges to participate in the affairs of the party,” Judge Mung’omba said.
Judge Mung’omba said the issue of management of internal affairs of UNIP as a party were not within the privy of the court but fell within the domain of the party structures.
“Any dissatisfaction with the party is not a matter to be brought with judicial arena as there are mechanisms in the constitution and regulations to govern the members,” she said.