.Matete

By PERPETUAL SICHIKWENKWE –

THE Lusaka High Court has ruled that the Annual General Meeting (AGM) convened by former World 400 metres hurdles champion Samuel Matete and others on December 27, 2014 was improperly constituted.
Judge Chalwe Mchenga said in his ruling that the AGM which purportedly elected Yona Mwale as Zambia Amateur Athletics Association (ZAAA) general secretary was not properly constituted.
Mr Justice Mchenga said as such, Mwale cannot substitute Phil Kubombela as ZAAA general secretary during court proceedings.
He said that the substitution of Kubombela by Mwale was irregular because he was elected or appointed by an improper constituted body.
Mr Justice Mchenga set aside his earlier order that substituted Kubombela with
Mwale ordering that former remains the defendant in his representative capacity as ZAAA general secretary.
Matete, Christopher Manda, Jonathan Chipalo, Judith Chaongopa and Carol Mokola have sued ZAAA challenging its decision to bar them from contesting elections at the annual general meeting (AGM)  which was slated for December 27, 20014.
Mr Justice Mchenga granted Matete and four other candidates an interim injunction
barring ZAAA from blocking them from contesting positions if the AGM went ahead before the determination of the matter.
Following the court injunction, the Elias Mpondela led executive postponed the AGM to adhere to the directive to use the 2002 register.
But Matete and others went ahead to convene the meeting which saw the election of Mwale as the interim secretary general as well as Matete as ZAAA interim president.
But Mr Justice Mchenga said that in as far as he was concerned, he was satisfied that the AGM which was scheduled for December 27, 2014  was not convened but was postponed by the Mpondela executive.
“This being the case, I find that the meeting that purported to elect Yona Mwale as general secretary was improperly constituted. It follows, that the substitution of Phil Kuombela with Yona Mwale was irregular as he was elected or appointed by an improper constituted body” Mr Justice Mchenga said.
Mr Justice Mchenga has since removed Mpondela from the proceedings saying there is no longer need for him to appear as an intervening party since Kubombela is still a defendant.
He said that this is because Mpondela’s interests and those of his executive can be properly taken care of by Kubombela.