EXPELLED MMD national secretary Muhabi Lungu has asked the Lusaka High Court to grant him an injunction restraining new MMD national secretary Mwansa Mbulakulima and his deputy Winnie Zaloumis from performing their functions.
In the statement of claim filed in the Lusaka High Court, Mr Lungu also sought an order that the purported appointment of Mr Mbulakulima and Ms Zaloumis was null and void.
He was also seeking an order that he should be reinstated as MMD national secretary, adding that positions of national secretary and deputy national secretary are elective under the MMD constitution.
“An order that under the MMD constitution the 3rd defendant had no power to expel or suspend a member. And order that the action by the 3rd defendant is ultra vires the constitution of the MMD,” he said.
Mr Lungu said the MMD constitution under article 52 vests powers of disciplinary action in the national secretary and the national executive committee.
He also seeks an order that the action by Dr Mumba was ulra vires the constitution of the MMD and that Dr Mumba should not have been allowed to file his nomination papers before returning officer Justice Lombe Chibesakunda on Friday.
He said for any party presidential candidate to be able to file his or her nomination papers for the presidency, they must have a validly issued certificate of candidacy duly issued by a properly elected national secretary or the deputy.
Mr Lungu said since the Supreme Court ruling of December 18, there has been no fresh certificate issued to anyone including Dr Mumba.
He said the Supreme Court did not pronounce that Dr Mumba was the official candidate of the MMD for the 2015 presidential elections.
Recently, Dr Mumba fired Mr Lungu and his deputy Chembe Nyangu for gross indiscipline, a day after the Supreme Court reinstated him as MMD president.