By Esther Chisola
Zambia Medical Association (ZMA) president Kaumba Tolopu has asked the Lusaka High Court to dismiss the application for an injunction filed by some members of the association.
In this matter, 1000 members of the association took the association to court demanding for a declaration that the Annual General Meeting (AGM) held on August 30 and 31, 2024 did not meet a quorum as per requirement in the constitution of ZMA.
Dr Zacks Ndumba and 999 others who have cited ZMA as the respondent also want a declaration that the decisions and its resolutions passed at the AGM were illegal and null and void.
They also want an order that another AGM be held by the ZMA in accordance with constitutional requirements.
The plaintiff’s further wants an order compelling the ZMA to restrain from effecting any resolution or decision passed at the purported August 30 and 31, 2024 AGM.
According to a statement of claim filed, Dr Ndumba stated that on August 30 to August 31, 2024, ZMA held what is called the 60th Scientific Conference and Annual General Meeting in Livingstone in the southern province of Zambia.
They stated that the association had in place a constitution and policy statements document which it uses to govern inter alia and annual general meetings procedures and deliberations and the same was officially adopted this year.
“The Annual General Meeting was conducted and it passed resolutions which are in contradiction to the provisions of the Zambia Medical Association constitution and policy statement. Among the resolutions tabled at the Annual General Meeting of August 2024 was a resolution for each member of the Zambia Medical Association to contribute a building levy of K300 per month,” he stated.
But in an affidavit in opposition to an application for an injunction, Tolopu submitted that the association opposed the said application for an injunction to restrain the defendant from effecting the monthly deduction of K300, arising from the resolution passed at the AGM in August, 2024.
“That the amount of K300 is to be paid by the whole membership of the association and not only the plaintiffs who are the minority. That the said resolution was passed at a duly convened AGM and in line with ZMA constitution and policy statement of 2022,” he stated.
He submitted that the said constitution provides internal procedures to be followed in the event that members have concerns or would want to engage the association as claimed by the plaintiffs and which the plaintiffs have decided not to follow.
“That the defendant has not at any time denied the plaintiff’s from exercising their Constitutional right to engage the association. That I am advised by my counsel on record that the plaintiffs have not met the necessary requirements necessary to entitled them to be granted an order for an injunction,” stated Tolopu.
