Wynter Files Against GBM in Expulsion Case

PATRIOTRIC Front (PF) secretary general Wynter Kabimba has challenged the action by Kasama Central member of Parliament Geoffrey Mwamba to stop the party from expelling him.

Mr Kabimba said Mr Mwamba did not exhaust the normal administrative procedures by not appealing to or appearing before the disciplinary committee of the party’s central committee which would have submitted its recommendations to the central committee for final determination.
He said in an affidavit filed in the Lusaka High Court that by not appealing to or appearing before the party disciplinary committee, there is no way Mr Mwamba can challenge the decision of the party to expel him.
Mr Kabimba said Mr Mwamba only made responses to the charges, disciplinary hearing and recommendation through the media.
“That having not appealed against or appeared before the disciplinary committee of the central committee of the Patriotic Front party, the plaintiff is not in any position at all to determine and challenge before this court the nature of sanction(s) the disciplinary committee of the central committee would have recommended to the central committee for a final decision,” he said.
Mr Kabimba said it is an illusion for Mr Mwamba to conclude and pray to the court to find the purported expulsion illegal by reason of procedural impropriety.
He said he ought to know or knows that the PF Northern Province executive committee has no powers or authority under the party disciplinary code to expel any member of the party.
He said it is untenable for Mr Mwamba to seek from the High Court findings and declarations that the purported suspension and expulsion are null and void.
Mr Kabimba said Mr Mwamba neglected to adhere to or invoke the provisions of the PF disciplinary code (regulations) to which he is duly bound as both party member and parliamentarian.
“That the facts I have deposed to are true and correct to the best of my knowledge, information and belief,” he submitted.
Mr Kabimba said he was informed by PF Northern Province chairman Chomba Chipili and secretary Everist Chela that on January 14 this year, the provincial disciplinary committee charged and suspended Mr Mwamba for acting in a manner that is likely to bring the name of party into ridicule or contempt or disrepute.
“That further on the 27th January, 2014, the provincial committee reminded the plaintiff to submit his exculpatory statement against the charges within 14 days from the date of that letter and further informed the plaintiff that his failure to submit such a statement, the central committee will refer the case to the disciplinary committee of the central committee,” Mr Kabimba said.
He said he was informed by Mr Chipili and Mr Chela on February 11 this year that Mr Mwamba was notified of the provincial committee disciplinary hearing which was scheduled for February 15 at party offices in Kasama.
Mr Kabimba also said he was further informed that the PF provincial committee postponed the hearing of Mr Mwamba’s case from February 15 to 17 this year, which was subsequently recommended to disciplinary committee of the central committee for his expulsion from the party.
When the matter came up in chambers yesterday, Mr Mwamba’s lawyers Makondo Simubala and Jonas Zimba said the matter should not proceed because the affidavit was only served on him on Monday.
“The affidavit entails that there is need to respond to that same. We are, therefore, seeking an adjournment to a date convenient to the court to enable the plaintiff respond to the issues raised by the defendant in the affidavit,” they said.
The court said in view of the sentiments raised by the lawyers, it would allow the application as prayed and that the matter stands adjourned to June 5, this year.

Posted by Editor on May 9, 2014. Filed under POLITICS. You can follow any responses to this entry through the RSS 2.0. You can leave a response or trackback to this entry