THE Lusaka High Court has granted an injunction restraining MMD national secretary, Katele Kalumba from expelling Katuba Member of Parliament (MP), Jonas Shakafuswa and his Mpulungu counterpart Lameck Chibombamilimo from the party.

High Court Judge, Nigel Mutuna in his ruling delivered in chambers yesterday indicated that the plaintiffs in the matter had established a prima facie case to the right they were seeking.

Mr Justice Mutuna said that the two plaintiffs were going to suffer irreparable damages that could not be atoned by the award of damages and not be able to exercise the duties and function as MPs such as representing their constituencies once expelled from the party.

He said there was no express provision empowering the National Executive Committee (NEC) of the MMD to expel a member without approval of the convention.

"I will not delve at this point in the procedural aspect that proceeded the purported expulsion nor the conduct of the plaintiffs as this will be determined at trial level.

In view of the foregoing, the plaintiff's application succeeds and I accordingly confirm the ex-parte orders of an injunction," he said.

The two expelled MPs had applied for an injunction seeking to restrain Dr Kalumba from expelling them from the party and to declare that their expulsions as members of the MMD was illegal as it was done without any charge and were not afforded a hearing.

The two former deputy ministers, through their lawyer Jack Mwiimbu also wanted an order to reinstate them as MMD members.

The duo also wanted an injunction directing Dr Kalumba, party officials, the NEC to restore the duo's membership and allow them to perform their functions as MPs until the determination of the matter.

The plaintiff's lawyer, Mr Mwiimbu had earlier argued that his clients allegedly learnt of their expulsion from the party through the media on March 3, 2009, as announced by Dr Kalumba.

Mr Mwimbu also claimed that the duo-received letters of expulsion on March 5 from the Clerk of the National Assembly conveying the decision and recommendation of the MMD's NEC.

He said that there was supposed to be a recommendation to the Speaker of the National Assembly to declare Katuba and Mpulungu parliamentary seats vacant.

Dr Kalumba had submitted that there would be no irreparable injury and that loss would merely be that of a monetary nature in terms of their allowances, which could not be called irreparable damages.