High Court grants FDD members injunction against suspension

High Court grants FDD members injunction against suspension.

THE Lusaka High Court has granted two FDD members an order of injunction restraining the party from suspending them over a petition demanding the holding of a convention.

In this matter, Bwalya Ng’andu, who is chairman of the Differently Abled Persons Committee and Musenda Simuyemba, the deputy national secretary, sued the party over its decision to suspend them and cited the national secretary Nathan Mulonga in the matter.

The duo sought an injunction to restrain the party from suspending them.

And High Court judge Anessie Banda-Bobo granted the duo an order restraining the party from suspending them until the matter is determined.

“Upon hearing the plaintiffs and upon reading the affidavit of Bwalya Ng’andu, it is hereby ordered that the ex-parte order of injunction be and is hereby granted against the defendant in this action restraining the defendants either by themselves, agents or servants or whosoever from taking any action that will be inimical to the full and free enjoyment of membership of the party in the affairs of FDD and the exercising by plaintiffs of the duties and obligations as leaders in the above said political party until the rights, duties and obligations of plaintiffs, as laid down in the FDD constitution, are determined by the honourable court or until further order of the court,” read the order in part.

The plaintiffs asked the court to bar party president Edith Nawakwi from going for another term as president having served for two consecutive five years in the same capacity.

Ng’andu and Mulonga also sought an order that a convention be held as decided by the national policy committee at the meeting held in March this year.

Bwalya stated that he presented a petition, which was received by Simuyemba in his capacity as deputy national secretary of the FDD, in the absence of Mulonga.

“Instead of addressing the issues raised in the petition, the national chairperson, Portiphar Chungu, acting on express instructions of Edith Nawakwi, suspended the plaintiffs from the party on 4th November 2016 without according us an opportunity to a fair and impartial hearing in line with the rules of natural justice,” stated Bwalya.