Two Islamic Supreme Council members sue executive for overstaying in office
By Staff Reporter
THE Lusaka High Court has granted two members of the Islamic Supreme Council of Zambia an order of interim injunction restraining the current executive committee from doing anything relating to holding of elections of office bearers of the organisation.
According to the order signed by judge Mwila Chitabo, the status quo will remain like that until further order of court or determination of the case.
This is in a matter in which Swalleh Saidi and Justin Sakambwa of house numbers 2107 in Matero and 25/24 George Soweto townships respectively, have sued ISCZ secretary general Shaban Phiri, seeking a declaration that the term of office for the current executive committee expired on November 28, 2015 and hence, their continued stay in office is illegal.
Saidi and Sakambwa want the Court to stop Phiri by himself, his servants, employees, agents whomsoever from continuing to interfere or pose as office bearers of ISCZ or taking any steps that may be adverse or prejudicial to their interests.
And Saidi and Sakambwa further want the court to declare that the current executive committee is not eligible to seek re-election as by law provided.
The duo also wants the court to order the current executive committee to hand over the office to the judicial council as an interim committee to spearhead elections within three months from the date of such court
order.
The applicants have also asked the court to order the current executive committee to render financial accounts on the status of the society to the judicial council and a further declaration that the current office bearers are personally liable to the decision purportedly made for and on behalf of ISCZ society after expiration of their term
of office on November 28, 2015.
The judge has since sent August 15, 2019for inter-parte hearing.
The applicants stated that they are bonafide members of ISCZ and that the council was managed by an executive committee that was elected from amongst Muslims in Zambia for a term of five years on November 29 2010.
Saidi and Sakambwa stated that according to the constitution of the society, the five year term of office of the current executive ended on November 28, 2015 and were supposed to call for elections but the current execute committee has deliberately refused or neglected to call for elections in accordance with its society constitution despite several reminders and petitions by the general membership.
They further stated that the continued stay in office of the current executive committee is also unconstitutional, hence null and void.
They added that the current executive committee has no lawful authority or interest to continue holding office.
