Discharge Ng’ona’s injunction, I can’t fully exercise my powers in PF, cries Miles

0
82

Matero member of parliament Miles Sampa has begged the Lusaka High Court to have the injunction prohibiting him from exercising powers as leader of PF removed.

Sampa has now gone for his former secretary general Morgan Ng’ona arguing that the injunction he obtained, stopping him from performing functions of secretary general is flawed as it hinders him from exercising his powers as leader of the party to full capacity.

In this case, Ng’ona has sued Sampa in the Lusaka High Court for dismissing him from the party and dissolving the party central committee without communication.

He is also challenging the removal of Chabinga as leader of opposition in parliament.

Ng’ona obtained an ex-parte order of injunction restraining Sampa from assuming his role as secretary general of the party and making decisions as president of PF.

Sampa has filed an affidavit in support of ex-parte summons for an order to discharge the ex-parte order of injunction, staying his decisions of removing Ng’ona as secretary general and member of central committee of the PF and any decision made by the plaintiff after assuming the role of SG dated July 4, 2024.

Sampa argues that Judicial proceedings must adhere to principles of procedural regularity and propriety, therefore the procedural defect in Ng’ona’s application renders the stay application untenable.

He says the stay order, by its legal nature is intended to temporarily suspend a judgement, ruling or decision rendered by a judicial authority or tribunal pending appeal or review and that it is remedy designed to address judicial determinations.

“The plaintiff seeking a stay order in the absence of a court ruling, judgement or order is irregular on all falls,”he said.

“The stay order is further irregular, as it was issued in a matter commenced by way of a writ of summons, and such an order is not ordinarily available under these circumstances.”

Sampa says the order is not only irregular, but it lacks merit and is highly prejudicial to the ongoing affairs of the PF, as it impedes normal operation of the party.

He complained that the continued existence of the stay order imposes significant and unwarranted injustice on him, as it obstructs his ability to conduct normal operations and execute his governance functions, which are vital to the PF’s organisational stability.

“The continued existence of the stay order contravenes the court’s rules and causes undue delay in the final determination of this matter. The stay application is stained in irregularity making it improper before this court,” said Sampa.

“I humbly beseech this court to discharge the stay order on the basis that it is procedurally irregular, substantively flawed, and prejudicial to the defendant.”

By Mwaka Ndawa

Kalemba December 5, 2024.

Advert

LEAVE A REPLY

Please enter your comment!
Please enter your name here