Court dismisses application to remove Muyoba as president of factionalized UNIP

The Lusaka High Court has dismissed an application by Bishop Trevor Mwamba’s faction of the United National Independence Party (UNIP) that sought leave to challenge the alteration of party office bearers, which recognised Henry Muyoba as the new president.

Kenneth Kaira, the acting Secretary-General of UNIP and a supporter of Mwamba, had sought a judicial review to declare the decision illegal and to nullify a June 6, 2024, letter from the Chief Registrar of Societies.

He also aimed to compel the Registrar to uphold previous court rulings on the party’s leadership.

Read More: UNIP leadership crisis deepens, as Mwamba faction sues Attorney-General over recognition of rival group

In a ruling delivered by Justice Charles Zulu, the application, initially scheduled for an inter partes hearing on October 30, 2024, proceeded without opposition after the respondent failed to attend.

However, Justice Zulu found Kaira’s application to be procedurally flawed, as it involved issues already being addressed in an ongoing case (Cause No. 2021/HP/0504), which concerns the legitimacy of the party’s leadership following two competing elective congresses in 2021.

The court ruled that the alleged misconduct of the acting Chief Registrar should have been addressed within the ongoing case rather than through a separate judicial review application, deeming the attempt to pursue multiple actions procedurally irregular.

Consequently, the court dismissed the application, ruling it improper for substantive hearing.

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