Former world 400 metres hurdles champion Samuel Matete and four others have asked the Lusaka High Court to cite Zambia Amateur Athletics Association president Elias Mpondela and other executive members for contempt for disobeying court orders.
In this case, Matete, Christopher Manda, Jonathan Chipalo, Judith Chaongopa and Carol Mokola sued ZAAA general secretary Phil Kubombela and were seeking an order of interim injunction restraining the defendant and his servants and agents from disqualifying the plaintiffs from standing for the position of president and vice-president.They also sought an order that the reasons for disqualifying the plaintiffs are illegal and ultra vires the ZAAA constitution and any other relief the court might deem fit and costs.
According to statement filed in court for leave to apply for an order of committal for contempt of court dated December 14, Manda, one of the plaintiffs, stated that the alleged contemnors Davison Munga’mbata as ZAAA general secretary, Mpondela, Godwin Chenda, Maureen Nkolomwe, Moses Phiri, Gertrude Sikaleya as president, vice-president, honorary vice secretary, treasurer and committee members respectively, had deliberately disobeyed a finding of the court when it went ahead to use the 2014 nomination forms in the elections held on October 1, 2016.
“The same forms which this court held to be illegal, null and void. That despite being reminded to obey the finding of the court, the defendant has to date deliberately neglected to replace the illegal nomination forms with legal ones,” the statement read.
It further stated that Mpondela and others proceeded with the election on October 1, 2016 by applying the rules and procedures that were found to be illegal.
The statement read that the alleged contemnors had no excuse for disobeying the court order.In his affidavit, Manda submitted that in the interest of administration of justice, this was an appropriate case for the court to grant leave to commence contempt proceedings against Mpondela and others.
“I verily believe that the contemnors are collectively and severally in contempt of this court’s finding of the 1st September 2016 for wilfully, wantonly and callously disregarding the court orders,” stated Manda.