By NATION REPORTER
LAWYERS representing the Felix Mutati MMD, yesterday abandoned the MMD leadership wrangle case after informing the court that they had no further instruction to proceed with the case.
In this matter, Winnie Zaloumis in her capacity as acting secretary general of the Nevers Mumba led-MMD faction dragged Mr Mutati, Mwansa Mbulakulima, Raphael Nakacinda and George Kangwa to the Lusaka High Court challenging the legality of the convention that was held and their election as new leaders of MMD.
When the matter came up for hearing of the main matter, high court Judge Sharon Newa refused to halt the proceedings pending Mr Nakacinda’s appeal to the Court of Appeal over the court’s ruling that dismissed the application of Mr Mutati and four others in which they wanted the court to determine whether Winnie Zaloumis could challeng their election when her tenure of office as Secretary General of the party allegedly expired in 2016.
However, Ms Justice Newa ordered that trial starts immediately but Mr Mutati’s lawyer Jonas Zimba asked to be excused as he had no instructions to represent his clients in the main matter.
After Mr Zimba walked out, Mr Nakacinda appearing in person applied to have the case adjourned to enable him engage new lawyers but Nevers Mumba’s lawyers, Mulambo Haimbe and Jeah Madaika objected to the application alleging that it was a well calculated move between Mr Nakacinda and Mr Zimba intended to frustrate the proceedings.
Ms Justice Newa refused to adjourn the matter and ordered that Ms Zaloumis, the witness on stand proceeds to give testimony and that they would adjourned at the point of cross examination and whether or not Mr Nakachinda would have lawyers to represent him, the matter would proceed.
And in her testimony, Ms Zaloumis told the court that Mr Nakacinda, Felix Mutati and others, while being in bad standing with the party, held an illegal convention in May 2016 which purportedly ushered them as new office bearers who have caused a lot of suffering to the party.
“Mr Mutati was expelled, he is no longer MMD while Mr Nakacinda and Mr Mbulakulima were suspended so there is no way they could have gone on to hold a convention.