RESTORE COURT INJUNCTION, PF ARGUES BEFORE HIGH COURT
HIGH COURT HEARS PF VS MILES SAMPA CASE
Lusaka- Monday 4th December 2023
Lawyers for the Patriotic Front have argued that the Court Injunction granted to the party on 25th October 2023 restraining Miles Sampa to hold himself as PF President must be restored to protect the proceedings that are before court.
Makebi Zulu and Jonas Zimba of Makebi Zulu Advocates argued before Judge Situmbeko Chocho that the failure by the court to restore the Injunction would tilt the balance of convenience in favour of Miles Sampa who held an illegal Conference.
The lawyers argued that failure tondo so would not preserve the court proceedings before the Court as they would be rendered academic.
Patriotic Front Secretary General Raphael Nakacinda has sued on behalf of the Patriotic Front, expelled Matero MP, Miles Sampa for holding an illegal Conference and for holding himself as PF President.
Lawyers for the Patriotic Front, Hon. Makebi Zulu argued that the matter before Judge Timothy Katenekwa were different as the recent atrocities committed by Sampa in August and October 2023 against the Party were fresh and different from those atrocities that caused his suspension in February 2023.
He argued that the Injunction that was granted by Judge Katenekwa did not restrict the operations of the Patriotic Front.
The lawyers argued that the earlier Injunction granted to Sampa in February 2023 didn’t give him immunity or licence to commit future crimes or atrocities against the Party as he did when he stormed the Party Secretariat and held an illegal Conference.
The lawyers have insisted that the matters before Judge Timothy Katenekwa were totally different to the matter before Hon. Judge Situmbeko Chocho.
Hon.Zulu stated that Hon. Given Lubinda appointed Raphael Nakacinda as Secretary General in his capacity as Vice President in the absence of the President as provided for in the Constitution and did not breach the court injunction granted to Miles Sampa by Lusaka High Court Judge.
The matter came up to hear the preliminary matter raised by Miles Sampa’s lawyers and the inter-party hearing for the Injunction.
On 21st November, 2023, Judge Chocho joined to the case Hon. Brian Mundubile, Hon. Greyford Monde and Hon. Kafwaya Mutotwe, presidential candidates in the Patriotic Front.
The trio is arguing that Sampa held an illegal Conference outside the provisions of the Party Constitution, Party regulations and party rules.
The matter has been adjourned to a date that the Court will advise.