Musenge has no authority of NDC to go to court – submits Atanga
By Staff Reporter
NATIONAL Democratic Congress Party interim secretary general Bridget Atanga has asked the Lusaka High Court to dismiss a matter in which Mwenya Musenge wants the appointment of Chishimba Kambwili as party president to be nullified.
Musenge, who sued Kambwili and Atanga in his capacity as secretary general, wants the court to grant him an injunction restraining Kambwili from portraying himself as president of the NDC and making decisions or actions as the party president.
Musenge in his statement of claim 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 argued that no presidential election has taken place in the
party and as such all decisions made by Kambwili in his capacity as
president are null and void.
Musenge added that he cited Atanga as the NDC governing committee member.
But Atanga has raised preliminary issues in the matter, urging the court to dismiss the case because it was inherently defective and on grounds that the entire action was based on the NDC draft constitution which has not yet become operational by adoption by the NDC Congress.
She has asked the court to determine whether or not Musenge has any locus standi to sue for and on behalf of NDC while seeking reliefs in personam.
Atanga also wants the court to determine whether or not Musenge has any locus standi before the court as he was seeking to enforce
inoperative provisions of the NDC constitution and whether or not his claims as canvassed in the statement of claim and writ of
summons were capable of being litigated in the court.
And Atanga submitted that her preliminary issues are on points of law as she has been advised that Musenge wrongly commenced the action for and on behalf of the NDC.
She also stated that Musenge has not attended the party’s past five
meetings of its interim leadership since the past four to five months
and has never been authorised by the party to commence the action at
Atanga added that the claims as endorsed in Musenge’s writ of summons and statement of claim were based on the contents of
the draft NDC constitution which was not yet operative as it has not
been adopted by the party’s congress in line with Article 18 of the
said draft constitution.
Atanga has also argued that Musenge’s pleadings do not disclose a cause of action and could not be amended as the entire action was based on the NDC draft constitution which has not yet become operational by
adoption by the NDC Congress.