…As Court orders an audit of MMD accounts during Nakachinda’s tenure
Justice Pixie Yangailo has ordered Patriotic Front (PF) official Raphael Nakacinda, alongside all members of the illegally appointed National Executive Committee (NEC) during his tenure as national secretary of the Movement for Multiparty Democracy (MMD), to return motor vehicles gifted to the late fourth Republican President, Rupiah Banda.
The court found that the vehicles, transferred gratuitously to President Banda by the unauthorized NEC, remain the property of the MMD and should be retrieved.
Justice Yangailo ordered, “The Plaintiff, as well as all members of the illegal MMD NEC, must account for the vehicles and ensure their return to the MMD Secretariat. Should ownership have been transferred to third parties, the NEC members will be liable for the monetary value of the vehicles.”
The judgment further showed discrepancies in vehicle ownership during Nakacinda’s tenure.
Evidence revealed that as of August 2022, 138 vehicles were registered under the MMD’s name. However, during the illegal NEC’s rule, 26 vehicles were transferred to the late President Banda, with some reportedly sold or re-registered under private ownership.
The court also reviewed claims of financial mismanagement during Nakacinda’s controversial tenure.
Although the MMD’s accounts reflected significant activity, the court determined that the evidence did not substantiate allegations that Nakacinda directly misappropriated funds.
Instead, Justice Yangailo ruled that the responsibility lay with the illegally appointed National Treasurer, whose role it was to manage the party’s finances and present audited accounts.
The court, however, acknowledged irregularities in the handling of party assets and bank accounts.
It ordered an audit of the MMD’s operational and special accounts held at ZANACO Bank to trace any misappropriated funds and ensure their recovery.
Interestingly, the court ruled that while Nakacinda’s appointment as national secretary was declared illegal in 2019, the contracts he entered into on behalf of the MMD remain legally binding.
Justice Yangailo reasoned that third parties acted in good faith, unaware of his lack of authority.
The ruling allows the MMD to engage the Zambia Police to retrieve vehicles still registered under the party’s name or improperly transferred under Nakacinda’s directives.
While some claims for further accountability were dismissed, the court upheld the principle of restitution for party assets mismanaged during the illegal NEC’s tenure.
Justice Yangailo concluded the case by granting leave to appeal and ordering costs for the defendant, the legitimate MMD NEC.
