The High in Mzuzu has ordered the newly elected executive of the Civil Service Trade Union (CSTU) to stop from executing any duties, activities or deals on behalf of CSTU until the Court’s determination or order on the matter.
The order of injunction granted on January 31, 2014 under miscellaneous civil cause number 14 0f 2014, restrains CSTU and members elected on December 28, 2013.
Those elected are Selvers Sakala, Rosemary Kamchacha, Madalitso Njolomole, Martha Lunda, Joseph Mdambo and Joseph Munthali.
The other group, which has sought the Court order and is calling itself “Defenders of the CSTU Constitution”, comprises of George Mkoka, Changaranang’ombe Steven Munyenyembe, Aunxious Nyika, Isaac Gondwe, FS Bonyonga, C Chikwiri and Michael Zulanga.
The disgruntled faction contend that the defendants unprocedurallly and unlawfully elected themselves into the national executive committee of CSTU and continued to plunder its resources.
“Upon reading the affidavit from the plaintiffs and upon hearing counsel for the Plaintiffs, it is hereby ordered and directed that, an order of injunction is hereby granted restraining Selvers Sakala, Rosemary Kamchacha, Madalitso Njolomole, Martha Lunda, Joseph Mdambo and Joseph Munthali,” reads part of the Court’s order.
The Court warned that the defendants will be liable for imprisonment or may have their property seized if they neglect to obey the order.
Skeleton arguments filed by Christon Ghambi of CHRAM Associates in support for the application of the order of injunction, argue that the December 28th, 2013 elections were conducted without due regard to the principles laid down in the CSTU constitution.
“If the conduct of the defendants is not restrained, CSTU resources will be abused and unaccounted for resulting into unjust enrichment. Besides, CSTU objectives as enshrined in its constitution will be defeated hence violating the peoples’ right to form and belong to any association,” Ghambi said.
According to an affidavit filed by Changaranang’ombe Steven Munyenyembe in support of the application for the injunction members nominated themselves on the same day and voted on the same day without written acceptance.
“The nominations were not supported in writing by the full names and signatures of not less than five delegates to the conference.
This was gross abuse and contrary to provisions of the CSTU constitutions.
“Members expected that December 28th, 2013 would be used for nominations while voting would take place the following day. But the opposite happened. Members were denied the right to vote or be voted as the process which was used was wrongful and unlawful,” Munyenyembe said.Follow and Subscribe Nyasa TV :