By Kellys Kaunda
THE COURT DIDNT DECLARE THE MILES SAMPA CONVENTION ILLEGAL BUT NEITHER DID IT DECLARE HIM LEGALLY ELECTED PF PRESIDENT
The High Court said it was not furnished with any evidence to prove that the number of delegates did not meet the threshold as defined by the PF constitution.
There were no photos, video or register produced.
At the time of the convention in question, the number of central committee members was 25 instead of 30, the number stipulated in the PF constitution.
Only a Central Committee of this number can legally call for a convention.
Furthermore, both the Party President and the Secretary General who could have called a convention had resigned.
Such a Central Committee, the court found, could not legally call for a convention.
The court observed that the PF constitution has no provision to guide how a convention must be called under such circumstances.
The MCCs and MPs who knew were delegates chose not to attend even if they knew it was taking place.
This fulfilled part of the PF constitution that requires notification.
Remember the golden rule: he that alleges must prove. The burden to prove the illegal nature of the convention lay on the shoulders of the plaintiffs and not on the defendant, Miles Sampa.
Remember, the absence of evidence is not evidence of absence. The convention may have been illegal after all.
The plaintiffs are free to appeal the judgment.
In essence, the court dismissed the prayer of the plaintiffs to declare the Miles Sampa Convention as illegal.
But the court did not in the same breath declare Miles Sampa’s convention as legal because it didnt have satisfactory evidence to do this.
Is it right then to conclude that by way of inference or implication, the court declared the convention as legal and Miles Sampa as the legally elected President of the PF?
In my opinion, inference or implied meaning is not legally binding. The PF Presidency remains a mystery.
Given the short period leading up to election time, this whole PF saga must just be shunted to where the sun doesn’t shine and a different pathway charted. This is a poisoned chalice.