By Ollus Ndomu
Lusaka, Zambia – Members of Parliament (MPs) from the Patriotic Front (PF) who were recently expelled have petitioned the Lusaka High Court to nullify the election of Miles Sampa as the PF president, which took place on October 24, 2023. Led by Mporokoso lawmaker Brian Mundubile, the nine MPs are also seeking a permanent injunction to prevent Sampa from representing himself as the party’s president.
The MPs argue that Sampa’s election violated several provisions of the PF constitution, including articles 20(1)(e), 46(4), 52, 58(k), and 64. Additionally, they contend that Sampa’s actions contravened Article 60(2) of the Zambian Constitution. This legal move aims to secure a declaration that Sampa’s election process was flawed and unconstitutional.
Youth Activist Revises Stance on Edgar Lungu’s Eligibility Case
In a related development, youth activist Michelo Chizombe has reversed his decision to strike out former President Edgar Lungu’s response to his petition challenging Lungu’s eligibility to run in the 2021 presidential elections. Chizombe had initially sought to have Lungu’s answer dismissed, arguing it did not adequately address the constitutional issues raised.
Chizombe’s petition alleges that Lungu’s participation in the 2021 elections was unconstitutional and that the Electoral Commission of Zambia (ECZ) erred in accepting his nomination. The activist has called for a combined interpretation of Sections 7 and 2 of Act No. 1 of 2016, seeking a declaration that Lungu is ineligible for a third term.
Despite Lungu’s assertion that the Constitutional Court had previously cleared his bid for a third term, Chizombe maintains that the former president’s answer fails to meet the procedural requirements of the Constitutional Court rules.
Chizombe has now filed a notice of discontinuance regarding his application to strike out Lungu’s answer, following a ruling by the court on July 9, 2024. He stated, “Owing to the ruling delivered by this court on July 9, 2024, on the notice of motion to raise preliminary issues, the petitioner consequently discontinues his application to strike out the first respondent’s answer.”
Implications and Ongoing Legal Battles
These legal battles reflect the ongoing political turmoil within Zambia’s opposition landscape. The expelled PF MPs’ challenge against Sampa’s leadership and Chizombe’s continued pursuit of Lungu’s eligibility case underscore the fractures and contentious issues facing the PF party and Zambian politics as a whole.
As the court proceedings unfold, the outcomes could significantly impact the PF’s structure and future political strategies, as well as set important legal precedents regarding electoral and constitutional laws in Zambia.
