Dismiss Musenge’s case challenging Kambwili as NDC president, he used inoperative constitution-Atanga

By Staff Reporter

 

NATIONAL Democratic Congress (NDC) party interim secretary general Bridget Atanga has filed a further affidavit, urging the court to dismiss the case in which Mwenya Musenge is seeking an injunction against Chishimba Kambwili to operate as president.

 

 

This is in a matter in which Musenge sued Kambwili and Atanga in the Lusaka High Court, seeking an injunction restraining the NDC president from portraying himself as president of the party and making decisions or actions as the party president.

 

Musenge also wants the court to order for the nullification of the proceedings of the meeting held on April 18, 2019 for being illegal.

He also contended that no presidential election has taken place in the party and as such, all decisions made by Kambwili in his capacity as president were null and void.

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

However, she has filed a further affidavit in the matter, explaining that NDC has a new constitution in effect but Musenge’s action against Kambwili and herself was premised on an inoperative constitution which had been overtaken by a new one.

She stated that on that basis, the case ought to be dismissed.

Atanga added that the NDC convened on May 18, this year, to among other things, deal with the lacunas and inoperativeness of the constitution of the party which Musenge erroneously seeks to rely upon in the matter.

She explained that notices were duly served on all 10 office bearers of the NDC followed with phone calls but Musenge willfully absconded.

Atanga stated that eight out of the 10 officer bearers of the party attended the meeting and amended the party constitution to make it immediately operative and the same was now in custody of the Registrar of Societies.

She stated that she was advised by her lawyer that any changes to any constitution of a registered society ought to be done by notice to the Registrar of Societies by law mandated.