Miles seeks judgement on admission against The State, Registrar of Societies
MATERO member of parliament Miles Sampa has asked the Lusaka High Court to enter judgement on admission against the Registrar of Societies and the State for conceding that they have not barred Edgar Lungu from cherry-picking leaders of the PF after he lost such powers.
Sampa said the there is no arguable case before court because the Registrar of Societies and the State have admitted that Former President Edgar Lungu breached Article 53(1) of the constitution when he handpicked Given Lubinda as acting party president, after he suffered a humiliating defeat in the August 12, 2021 elections.
In an affidavit in support of summons for an order for judgement on admission, Sampa said according to Article 53(1) of the PF constitution when a president resigns or is oust in line with the said Article, they no longer have dominion in making party appointments.
“I am entitled to the relief of an order that the provisions of Article 53(2) of the PF constitution are null and void as they are imperative and contradict the provisions of Article 53(1) of the PF constitution,” Sampa said.
He indicated that minister of Home Affairs and Internal Security Jack Mwiimbu issued special directives through Gazette notice no. 593 of 2023 empowering the Registrar of Societies to compel a registered society to comply with the Societies Act and their own constitutions including but not limited to hold elections when an elected office bearer dies, resigns or is removed from office for whatsoever reason.
“I am entitled to the relief for an order that the failure or refusal by the Registrar of Societies to intervene in the blatant abrogation of the PF constitution is a dereliction of duty and failure under the mandate provided to the Registrar of Societies under the Societies Act,”Sampa said.
He emphasized that the Court enters judgement on admission against the respondents for admitting his claims in order to save time.
In this matter Sampa has sued the Registrar of Societies and the State in the Lusaka High Court for not taking a hand in the party’s infighting on who replaces Edgar Lungu at the next general elective conference.
He wants the court to compel the PF to hold the extraordinary general conference within 30 days from the date of the judgement, in accordance with the party constitution for members to elect the party leader and 25 members of the central committee.
Sampa is seeking an order that the failure by the Registrar of Societies to intervene in the blatant abrogation of the PF constitution is a dereliction of duty and failure to exercise its authority provided for in the Registrar of Societies Act.
In its defense the Registrar of Societies indicated that The Societies’ Act has no provisions which empowers it to compel a political party to hold a convention.
It said the PF did not officially communicate to it that Lungu was illegally cherry-picking party leaders.
By Mwaka Ndawa
Kalemba