Musenge to appeal case dismissal

NATIONAL Democratic Congress (NDC) secretary-general Mwenya Musenge says he will challenge the High Courts’ decision to throw out an injunction it had granted him to stop the party’s consultant, Chishimba Kambwili, from portraying himself as president.

Mr Musenge had sued Mr Kambwili and new party secretary general Bridget Atanga in the Lusaka High Court seeking an injunction against them and an order recognising him as the rightful secretary general of the party.

He also wanted an order nullifying the appointment of the entire central committee.

Mr Musenge had contended that Mr Kambwili, Mrs Atanga and the entire central committee were illegally in office.

But Ms Atanga raised preliminary issues and urged the court to dismiss the action because Mr Musenge used an inoperative constitution when there was a new one.

Ms Justice Ruth Chibbabuka, in dismissing the matter, ruled that the matter bought by Mr Musenge was frivolous as it lacked merit.

She said according to the evidence before her, at the time Mr Musenge was beginning the matter, there was no valid constitution in place because the requisite meeting of the NDC to adopt it had not yet taken place.

But Mr Musenge said the ruling was not based on truth because the party constitution the High Court said was inoperative was the rightful party constitution.

He said in an interview yesterday he would engage his lawyers to challenge the decision.

Mr Musenge said there was no new constitution in place as the party only had one constitution which was drafted upon registering it with the Registrar of Societies.

Mr Kambwili and others were masquerading because their positions could only be occupied after being elected at the national congress.

“There is a misunderstanding in throwing out that injunction because serious issues the judge brought out in her ruling are affecting all of us.

And for me the first thing I will do is to seek legal interpretation on the matter. So I will engage the legal counsel so that we get a full interpretation.

“What I am seeing is that our party can find itself in limbo because of this situation.

The main case was not commenced but the judge based her ruling on the preliminary issues raised by our friends,” Mr Musenge said.