THE protracted legal battles for the ownership of the PF carcass have been set into high gear with a High Court ruling rejecting an attempt by some party members to have the matter decided on a preliminary point of law.
The case was brought by PF members of parliament led by Brian Mundubile, who, together with seven others, challenged the legality of the extraordinary general conference held on October 24, 2023, at which Matero lawmaker Miles Sampa was elected party president.
Delivering her ruling yesterday, Judge Conceptor Zulu dismissed the application by the plaintiffs to have judgment entered on a point of law under Order 14A of the Rules of the Supreme Court.
The lawmakers had argued that since Sampa had earlier conceded, through a proposed consent, that the October 24 meeting was illegal, the matter should be resolved without going to trial.
However, Judge Zulu held that the case presented several unresolved factual disputes which could not be determined under Order 14A.
“Taking into consideration the affidavit in support and the pleadings before me, I find that the issues raised are contentious. There is a clear dispute between the parties on material facts, and as such, this matter cannot be disposed of through a point of law. It requires further interrogation at trial,” she said.
She observed that the PF constitution itself contains gaps on who should summon an extraordinary general conference in the absence of a functioning central committee.
This, she said, makes it impossible for the court to settle the dispute without hearing evidence from all sides.
The plaintiffs had argued that the extraordinary general conference was unconstitutional and that all decisions, appointments, and actions taken by Sampa since his election should be nullified.
On the other hand, faction Secretary General Morgan N’gona and president Robert Chabinga maintained that the meeting was validly convened, had the necessary quorum, and was sanctioned by the General Conference, the party’s supreme organ.
Judge Zulu therefore dismissed the application and directed that the case proceed to trial, setting a status conference for October 9, 2025, at 12:00 hours, when a trial date will be fixed.
Kalemba October 4, 2025
