THE Lusaka High Court has restored an injuction case involving United Party for National Development (UPND) Namwala Member of Parliament (MP), Robbie Chizhyuka.

Major Chizyuka's lawyer Lisimba Mutakela confirmed in an interview yesterday that the case was active and that they were just waiting for Judge Evans Hamaundu to communicate to them on the dates to commence hearing.

"This case is very active in court, it was struck out but we managed to file for the restoration which the court accepted and allowed the restoration, we speak with my client and we are just waiting for the dates to commence hearing," he said.

The MP had applied for an injunction restraining acting party secretary general, Winstone Chibwe from banning him from the party.

He is seeking an order restraining party agents, servants or anybody else from suspending him from the party until determination of the matter by the court.

He is also seeking another order that dissenting views should be accommodated in a democratic country such as Zambia and another order that any party member is entitled to be heard before any disciplinary decision is made.

In a statement of claim, Maj Chizhyuka contended that the party entered into a political alliance with another party called Patriotic Front (PF) which he did not support.

"That I now pray to this honourable court and entreat it to grant me an order of injunction restraining the secretary general, his agents or servants and whomsoever from suspending me until the determination of the main matter.

"That unless the acting party secretary general is restrained, irreparable damage would result as right thinking people of society will no longer hold me in high esteem. There are no grounds for any charge or disciplinary action to be instituted against me," he said.

He states that the UPND, through the defendant, viewed his dissenting views as not in line with its democracy and yet the Zambian Constitution enshrined the right and freedom of speech of all individuals.

And in an affidavit, Maj Chizhyuka states that he only saw an article in the Sunday Post in which it was alleged that he had spoken against the alliance of his party and the PF, which led to his suspension.