23/12/2023
7 PF PRESIDENTIAL CANDIDATES SUE MILES SAMPA
.request the Chief Justice to urgently constitute a panel of 3 high court judges to hear and determine the matter...
SAMPA'S CONFERENCE ILLEGAL
SimezaSangwa Advocates have filed a legal suit in the Lusaka High stating that the Court declares the so-called election of Matero MP, Miles Bwalya Sampa as Patriotic Front President, illegal and therefore null and void.
In a Petition filed in the Lusaka High Court on behalf of seven legitimate Patriotic Front Presidential candidates, the lawyers have also requested the Chief Justice to exercise his powers vested in him by Article 135 of the Republican Constitution to constitute a high court of atleast 3 judges to hear and determine the matter.
The Petitioners are;
1. Mutotwe Kafwaya
2. Emmanuel Mwamba
3. Geoffrey Bwalya Mwamba
4. Chishimba Kambwili
5. Greyford Monde
6.Chitalu Chilufya
7. Brian Mundubile.
The Petioners have sued Miles Sampa who convened in the illegal gathering and Morgan Ngona, who he later appointed as Secretary General of the Party.
The seven Petioners have submitted that the court declares the so called Extra-Ordinary General conference held on October 24th 2023, illegal and the so-called appointments and actions of Morgan Ngona null and void.
They have stated that on 24th October 2023, Samoa and others held an illegal Conference purporting it to be an Extra-Ordinary General Conference of yhe Patriotic Front.
By doing so, Sampa breached the Patriotic Front party regulations, party constitution and the Republican Constitution.
Further, Sampa was a suspended member of the Party and had no powers to convene or participate in any such party activity.
They have submitted that such the general conference is summoned by the Central Commitee and attended by delegates who constitute elected members of Parliament belonging to the party, mayors, council chairpersons, members of the central committee, provincial and district officials of the Party.
They Petioners have submitted that none of those prescribed to be delegates to the general conference attended or formed quorum to transact business of the general conference to elect a party president.
They also stated that the subsequent changes made on the composition of Office Bearers at the Registrar of Societies were, therefore, illegal.
They have requested the Court to declare the Conference a total nullity.
The petioners have submitted that the power to elect the President of the Patriotic Party is vested in the General Conference ir Extra-Ordinary Conference as established by Article 46 of the Constitution, which is the supreme policy-making organ of the Party.
Article 46 states:
General Conference
(1) The supreme policy-making organ of the Party is the General Conference.
(2) The General Conference shall meet ordinarily every five (5) years and also in extra-ordinary session when convened as provided in this Constitution.
(3) An extraordinary General Conference shall have the same powers as the ordinary General Conference.
(4) The General Conference shall be attended by:
(a) All members of the National Council; and
(6) Up to 500 delegates from each province selected in accordance with rules made by the Central Committee.
(5 The General Conference shal have the following functions:
(a) To elect the President of the Party and Members of the Central Committee.
(b) to formulate and revise Party policies and programmes; to amend, approve or adopt Party Constitution;
(d) to define and orientate general policies for the nation's development.
(e) to consider and approve National Development Plans.
The Petioners have submitted that none of the above were fulfilled when the so-called Extra-Ordinary General Conference was held at Mulungushi International Conference Centre.
The have stated that by virtue of what is stated in paragraphs l to 90 of the Petition, the Petitioners contend that the convening and proceedings of the gathering of 24 October 2023, by the Respondents, which resulted in the First Respondent being declared President of the Party contravened not only Regulations 67, 69, 72, and 73 of the Party's Regulations and Regulations 3.18, 4.1, 5.1, 5.3, 8.9, 9.1() and (ii), and 9.4 of the Party's Electoral Regulations but also the provisions of the Party Constitution:
(a) Article 20(1) (e) of the Party Constitution in that the people who attended the meeting did not the form the quorum to transact the business of the General Conference.
(b) Article 46(4) of the Constitution in that those who attended the event did not qualify as delegates the Extra-Ordinary General Conference.
(c) Articles 52 of the Constitution in that the procedure for the election of the Party President was never followed.
(d) Article 58(k) of the Party Constitution in that the gathering was never summoned by the Party's Central Committee.
(e) Article 64 of the Party Constitution in that the event was not presided over by the Party's Electoral Commission.
That the gathering at Mulungushi International Conference Centre on 24 October 2023, did not constitute the Extra-Ordinary General
Conference of the Party pursuant to the provisions of the Party Constitution, the Party's Regulations and the Party's Electoral Regulations then the Petitioners pray that they be given the following remedies:
(a) A DECLARATION that the Respondents contravened: (E) Regulations 67, 69, 72, and 73 of the Party's Regulations;
(ii) Regulations 3.18, 4.1, 5.1, 5.3, 8.9, 9.1(i) and (i), and 9.4 of the Party's Electoral Regulations; and
(ii) Articles 20(1) (e), 46(4), 52, 58(k), and 64 of the Party Constitution.
(b) A DECLARATION that by contravening the Party's Regulations, Party's Electoral Regulations, and the Party Constitution the Respondents contravened Articde 60(2) of the Constitution.
(c) A DECLARATION that by contravening the Party's Regulations, Party's Electoral Regulations, the Party Constitution and/ or Article 60(2) of the Constitution the Respondents violated and continued to violate the Petitioners' right to assermble and associate freely with other members of the Party for the protection of their interests guaranteed by Article 21 and as amplified by Articles 60(2) of the Constitution.
(d) A DECLARATION that the election of First Respondent on 24 October 2023, as President of the Party was null and void ab initio for breach of the Party's Regulations, Party's Electoral Regulations, Party Constitution and/ or Article 60(2) of the Constitution.
(e) An ORDER quashing the election of the First Respondent as President of the Party.
(f) A DECLARATION that the appointment of the Second Respondent as Secretary General of the Party by the First Respondent is null and void for want of authority on the part of the First Respondent.
(g) An ORDER quashing the appointment of the Second Respondent by the First Respondent as Secretary General of the Party.
(h) A DECLARATION that all the actions, decision, or appointments made by the First Respondent as Party President since 24 October 2023, are null and yoid ab initio for want of authority.
An ORDER quashing all the actions, decisions or appointments made by the First Respondent as Party President since 24 October 2023.
A DECLARATION that all the actions, decisions or appointments made by Second Respondent as Party Secretary General since 24 October 2023, are null and void ab initio for want of authority.
An ORDER quashing all the actions, decisions or appointments made by Second Respondent as Party Secretary General since 24 October 2023.
