High Court reserves ruling on Miles PF Convention
By Esther Chisola
LUSAKA High Court Judge Chinyama Zulu has reserved ruling on whether the 2023 Patriotic Front (PF) National Convention that declared Matero member of Parliament Miles Sampa president,was illegal or not.
In this case, Sampa was sued by nine PF members of Parliament whom he had expelled from the party.
The nine lawmakers led by Mporokoso member of Parliament, Brian Mundubile, asked the Lusaka High Court to quash Sampa’s October 24, 2023 election as party president.
They further want the court to grant them a permanent injunction restraining Sampa from holding himself as PF president and a declaration that he contravened the party regulations and electoral guidelines.
Mundubile and others want a declaration that Sampa contravened articles 20(1) (e), 46(4), 52, 58(k), and 64 of the PF Constitution.
When the matter came up for hearing in chambers, lawyers representing the applicants and respondents agreed that there was need to interpret whether the convention complied with the PF constitution or not.
The lawmakers also want a declaration that Sampa was violating their right to assemble and associate freely with other PF members for the protection of their interests guaranteed by Article 21 of the Constitution.
Mundubile and others want a declaration that all actions, decisions, or appointments made by Sampa as PF president since October 24, 2023, are null and void for want of authority.
They also want an order quashing all the said decisions made by
Sampa and another order that will annul changes made to records for party office bearers at the Registrar of Societies and for restoration of the register to its status quo before October 24, 2023.
The nine submitted that arising from his purported election as PF president, Sampa had made various decisions, including expelling them from the party on December 6, 2023.
They stated that Sampa continued to hold himself out as the PF president and that by his conduct, they continue to suffer grave loss and damage.
Addressing the media shortly after the court session, PF chairperson for legal affairs George Chisanga said the ruling had been reserved to a date to be communicated.
“It was a hearing of the application that the lawyers for PF wanted determined. We have had this journey since 2023, where PF questioned the legality of Miles convention. Several interested parties brought in other issues bordering on this matter, but all these border on technicalities, and this matter was scheduled for hearing trial before justice Chinyama Zulu,” he said.
Chisanga, a lawyer and former Law Association of Zambia (LAZ) president, explained that the lawyers handling the matter had agreed to have one matter determined by the High Court.
“PF wanted the court to determine a single issue. On whether the convention was legal. The PF lawyers want the court to determine by interpreting the PF Constitution that guides the elections of PF. Sampa’s lawyers also agreed that there is a need to interpret whether the convention complied with the PF constitution. The court will let us know when the ruling on this will be passed,” he said.
The other plaintiffs are Remember Mutale (Chitambo), Mulenga Fube(Chilubi), Nickson Chilangwa(Kawambwa), Musonda Mpakata(Lupososhi), Lunte MP Mutotwe Kafwaya, Christopher Kang’ombe(Kamfisa), Ronald Chitotela(Pambashe), and Stephen Kampyongo(Shiwang’andu).
