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The Lusaka High Court has refused to grant an interim injunction to halt the Zambia Medical Association (ZMA) from deducting a K300 building levy from its members.
Delivering the ruling, Judge Conceptor Chinyanwa Zulu stated that the deducted amounts were ascertainable and could be reimbursed if the court later finds the deductions improper.
Justice Zulu noted that any losses suffered by the plaintiffs could be addressed through compensation for damages.
The case, brought forward by Dr. Zacks Ndumba and 999 others, challenges the ZMA’s decision to impose the levy.
The plaintiffs argued that the resolution to deduct the K300 levy, passed at the August 2024 Annual General Meeting (AGM), was invalid due to a lack of quorum.
According to the ZMA constitution, a valid AGM requires the participation of one-third of its membership—about 1,333 members. However, only 81 members participated in the vote.
In response, ZMA President Dr. Kaumba Tolopu asserted that the resolution was passed at a duly convened AGM in compliance with the association’s constitution and its 2022 policy statement.
He further argued that the plaintiffs had failed to exhaust the internal grievance procedures outlined in the ZMA constitution.
Citing principles from the American Cyanamid case and local precedents, Justice Zulu dismissed the application for an injunction and awarded costs to the ZMA.
The ZMA maintained that the plaintiffs had not met the necessary conditions for granting an interim injunction.
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