The Lusaka High Court has dismissed an application by Felix Mutati MMD faction to subpoena the Nevers Mumba camp lawyer Jeah Madaika to testify on the opinion he gave his clients in relation to holding the MMD convention.
High Court Judge Sharon Newa refused to grant the application on grounds that it had been brought before court prematurely.
This is in the case in which Acting National Secretary for the Mumba camp Winnie Zaloumis is challenging the election of Mutati as the MMD president.
According to an application for subpoena, the Mutati group have submitted that it is necessary for the court to subpoena Madaika to help clarify certain legal advice that the Mumba camp received.
Mutati’s lawyer a Mr Zimba adds that the genesis of the dispute before court can only be resolved if this witness is brought before her court.
It was his prayer that Madaika be subpoenaed in this matter so as to resolve the differences.
Madaika allegedly attended MMD NEC meetings that made decisions preceding the convention.
In opposition to the subpoena Haimbe said compelling Madaika to be in the witness stand would breach the client-counsel privilege.
Haimbe argued that to ask him to explain his role at the NEC meeting, It divulges his privileges which is not tenable at law and as for the opinion granted it is before court and it speaks for itself and further require him to explain and interpret the opinions.
He has indicated that the court already has the benefit of the written documents and will be in possession to give its opinion without the need of Madaika to be brought on the stand.
He has accused the defendants of having a tendency of filing their applications late by ambushing them.
In response Zimba says there was no intentions on their part to fall in the accusations of delay by the plaintiffs.
He adds that Madaika has not cited any law to that effect when himself (Zimba) referred this court to the High Court act which allows for a party at any stage of the proceedings to make an application as the one which had been made.
He has stated that his application has been made according to the law it is not I’ll timed as the law allows to make this application at any time.
Earlier in the proceedings Ms Zaloumis has told the court that she was invited to the convention which elected Mutati as the party’s president but she did not attend because it was illegally called for.
“There was no way I could have gone to the convention which was held by none office bearers”, she has said.
She said according to the party’s style of leadership a convention must be held after five years
The witness has confirmed an opinion that stated that Dr Mumba’s first term expires in May 31 , 2017 and if wins he will be eligible to serve for another term .
Zaloumis has also maintained that she is the party’s National Secretary and not Elizabeth Chitika.
And when asked whether Chitika was masquerading as the party’s National Secretary when she wrote the letters to the Registrar of Societies for the change of office bearers after the election of Mutati , Zaloumis says she did not impersonate as National Secretary.
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