Nevers Mumba breached MMD Constitution


MMD president Nevers Mumba breached the party constitution when he suspended party national secretary Muhabi Lungu and his deputy Chembe Nyangu, national executive committee member Tryson Simukoko has said.

Mr. Simukoko said Dr. Mumba had no power to take the action he took without consulting the party’s NEC.

“The dismissal of Mr. Nyangu and Muhabi and the revocation of the nomination of the 10 NEC members were constitutionally and morally wrong because the only party organ mandated with those powers is the national executive committee (NEC). Therefore, his action is ultra vires and unacceptable,” said Mr. Simukoko.

He said Dr. Mumba did not consult the NEC thereby, committing a serious omission bordering on dictatorship which the party should never entertain.

Mr. Simukoko explained that Article 41 of the party constitution gave the president power to nominate 10 members which should be ratification by the NEC.

“Again the constitution does not give you powers to remove them from the NEC thereby rendering your action null and void. It is the NEC which can take such action through the disciplinary procedure,” he said in his letter to Dr. Mumba.

Mr. Simukoko said it was NEC which had the power to expel any member of the MMD for gross indiscipline and not the party president.

“NEC has the power to expel a member from the party for serious or repeated misconduct, subject to the approval of the convention. The constitution clearly gives power to expel a member to the NEC and not to an individual. It is unfortunate that Dr. Mumba failed or ignored to observe these instructions,” said Mr. Simukoko.

He reminded Dr. Mumba that MMD was a promoter of democracy and good governance together with the rule of law and therefore, it should not be seen to be breaching the very principles it was created for in a bid to fix certain members who were his critics.

Mr. Simukoko advised all MMD members to comply with the party constitution and resolutions and directives of the majority in order to maintain unity in the former ruling party and hope for the future of the MMD.

“Let us all give support to NEC to exercise its powers to suspend any member of the party for serious misconduct or violation of the party constitution and to deal with disciplinary matters of all members and where necessary expel any erring member from the party,” said Mr. Simukoko.