Petition by nine expelled PF MPs incompetently before ConCourt – Miles Sampa

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PF President Miles Sampa has asked the Constitutional Court not to entertain the petition by nine expelled members of parliament as they have filed a myriad of actions challenging his presidency in attempts at raising their odds to seek a favorable judgement.

He said the petitioners are litigating the same issues before different courts.

In this case Ronald Chitotela, Nickson Chilangwa, Musonda Mpankata, Christopher Kang’ombe, Remember Mutale, Brian Mundubile, Stephen Kampyongo, Mulenga Fube and Mutotwe Kafwaya have petitioned Miles Sampa, Ng’ona and the Attorney General over their expulsion from the party on reasons that Sampa’s ascendancy to the presidency of the PF is illegitimate.

Sampa has filed a notice of motion to raise Preliminary Issues on point of law on reasons that the petition is incompetently before Court.

He says some of the reliefs in the petition are aimed at instituting a backdoor judicial review of the decision of the Registrar of Societies to effect changes on the list of office bearers for PF which is a subject matter in one of the many cases before the High Court.

Sampa says the petition seeks an injunction which has already been denied by the High Court in cause no.2023/hp/1866.

He says the petition is amateurish as it invites this court to deal with issues relating to his elective conference which are pending determination before the High Court under case no.23/hp/1866 and 2023/HB/ 77.

Sampa said the issues deal with private rights of individual in a political party which is similar to a club.

“The petition does not show how Article 60(2) of the constitution of zambia (Amendment) Act no.2 of 2016 has been violated and the said Article is merely quoted in a blanket manner to make this matter look like a Constitutional issue when in fact it involves the private rights of individuals in a political party, which is the purview of the High Court and not the Constitutional Court,” he argued.

“The petition is a disguised attempt at forum shopping and therefore an abuse of the court process which seeks to circumvent the process currently in the High Court, under cause no. 2023/hp/0225, 2023/hp/1866, 2023/hp/1899 and 2023/HB/77.”

Sampa added that the petition offends the law and rules of the court as it, constitutes forum shopping and ought to be dismissed with costs.

By Mwaka Ndawa

Kalemba December 2, 2024.

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