. Mwamba

By PERPETUAL SICHIKWENKWE –
THE Lusaka High Court has stopped the Patriotic Front (PF) from suspending or expelling its Kasama Member of Parliament (MP) Geoffrey Mwamba, popularly known as GBM, from the party.
Judge Nicola Sharpe-Phiri said the PF should wait until such a time when she will hear and determine the main matter in which Mr Mwamba is challenging his expulsion.
Mr Mwamba, who is former Defence minister, has asked the court to declare that his purported suspension and expulsion by his party is null and void.
Mr Mwamba wants the court to order that the expulsion was illegal because of procedural impropriety.
He also applied for an injunction to restrain the ruling party from expelling him until further order by the court.
In her ruling concerning the injunction, Ms Justice Sharpe-Phiri on Wednesday ordered the PF secretary general not to suspend or expel Mr Mwamba.
Ms Justice Sharpe-Phiri said Mr Mwamba would suffer greater disadvantage if he was not granted the injunction in an event that he was to succeed in the main hearing of his case.
She said the degree to which Mr Mwamba would be disadvantaged would be beyond compensation.
Ms Justice Sharpe-Phiri said Mr Mwamba risked the possibility of losing his parliamentary seat before the matter could be determined by the court.
She said that Mr Mwamba’s issue was a proper case to grant an interlocutory injunction pending the determination of the main matter.
“The application for an injunction is, therefore, granted restraining the defendant whether by himself, his agents or servants from expelling the plaintiff from the Patriotic Front party until further order of this court,” Ms Justice Sharpe-Phiri said.
She said that the rule of natural evidence was not followed as Mr Mwamba was not given an opportunity to be heard, and neither was he charged by the party for bringing its name into disrepute.
Mr Mwamba says that on February 17, 2014 PF through the Northern Province executive committee announced his expulsion from PF.