THE Lusaka High Court has thrown out a lawsuit challenging the legality of the October 2023 extraordinary convention that elected Miles Sampa as Patriotic Front (PF) president.
Leader of the opposition in Parliament, Robert Chabinga, has welcomed the judgment, saying it confirms that he remains the acting PF president.
Mporokoso Member of Parliament Brian Mundubile and others had asked the court to declare the convention illegal and all subsequent decisions by Mr Sampa null and void.
However, Judge Conceptor Zulu dismissed the petition on the grounds that Mr Mundubile and the other plaintiffs failed to prove that the convention was illegal.
Reacting to the judgment, Mr Chabinga said the court’s decision confirms that he is the legitimate acting leader of the former ruling party.
“The convention was legal and therefore I am the legitimate acting president of the Patriotic Front (PF). In addition, all decisions made thereafter are legal. These include the expulsion of Lubinda and others, as well as the expulsion of Miles Sampa himself,” Mr Chabinga wrote on his Facebook page.
Mr Mundubile and other PF members had petitioned the Lusaka High Court to declare the extraordinary convention that elected Mr Sampa as party president in 2023 null and void.
The plaintiffs also sought a declaration that Mr Sampa was expelled from the PF and is not a member of the party.
They further wanted the court to declare that Mr Sampa’s appointment of Morgan Ng’ona as PF secretary general was null and void, arguing that the rightful office bearer is Raphael Nakacinda.
Additionally, they sought a declaration that Mr Ng’ona is not the PF secretary general.
Mr Mundubile also asked the court to declare that changes made to PF office bearers at the Registrar of Societies by the Miles Sampa-led faction were null and void.
He further sought a restraining order to stop Mr Sampa, Mr Ng’ona, and their agents from issuing statements on behalf of the PF.
On October 24, 2023, Mr Sampa, who is Matero Member of Parliament, was elected PF president at an extraordinary general conference held at Lusaka’s Mulungushi International Conference Centre. He polled over 2,000 votes, defeating six other candidates.
However, another PF faction led by Mr Nakacinda and others deemed the extraordinary convention illegal.
In her judgment delivered yesterday, Judge Zulu said the plaintiffs failed to prove, through evidence, that the extraordinary convention was illegal.
“It was the plaintiffs’ position that the Extraordinary General Conference in question was not chaired by the Chairperson of the National Council, contrary to the provisions of Regulation 72 of the party regulations, which the defendants admitted.
“They, however, stated that this was because, at the time of the October 24, 2023 Extraordinary General Conference, the Chairperson of the National Council had resigned. No evidence was brought to rebut this assertion,” the judge said.
“As a result, I find that the plaintiffs failed to prove that the defendants deliberately held an Extraordinary General Conference that was not chaired by the Chairperson of the National Council, contrary to the provisions of Regulation 72 of the party regulations.”
She further said the plaintiffs failed to prove their case on a balance of probabilities.
“This is because they did not bring sufficient evidence to substantiate their claims. This matter is dismissed,” Judge Zulu said.
(Mwebantu)