MMD leader Nevers Mumba has asked the Lusaka High Court not to stay the ruling against expelled MMD national secretary Richard Kachingwe because the findings of the court are based on facts.
This is in a matter in which Major Kachingwe has asked the court to stay the ruling against him that he has no powers to expel Dr Mumba pending his appeal to the Supreme Court.
The Lusaka High Court on January 28, 2013 dismissed an application by Maj Kachingwe to remove Dr Mumba saying he had no powers to do so as he had already been expelled from the party.
Maj Kachingwe had since appealed to the Supreme Court against the High Court ruling but in the meantime, asked the High Court to stay its ruling pending the determination.
But Dr Mumba in his affidavit in opposition to summons for the stay of execution by Maj Kachingwe urged the court not to stay the ruling.
The opposition leader said there was nothing to be stayed because the court merely made a finding of fact that Maj Kachingwe lacked locus standi.
Dr Mumba of Plot 17 C Middle Way, Kabulonga said Maj Kachingwe was no longer the national secretary for the MMD as the national executive committee (NEC) expelled him on December 3, 2012.
Dr Mumba said that Maj Kachingwe's expulsion from the MMD was not meted out by the court but by the NEC of the MMD.
The court was merely called upon to determine the authority or lack of it on the part of Maj Kachingwe to sue Dr Mumba in view of his expulsion.
Lusaka High Court Judge-in-charge Jane Kabuka adjourned the matter to Thursday this week to enable Maj Kachingwe respond to Dr Mumba.