Elements of PF appeal High Court ruling validating Sampa’s 2023 conference

The Patriotic Front (PF) has appealed a High Court ruling that upheld the legitimacy of the extra-ordinary conference held by Miles Sampa on October 24, 2023, a decision that effectively recognised Sampa, Morgan Ng’ona and Robert Chabinga as the party’s leadership.

The appeal challenges a judgment delivered by Lusaka High Court Judge Conceptor Chinyanwa Zulu, who ruled that the conference was justified because the PF allegedly did not have a functioning Central Committee at the time.

PF Secretary General Raphael Nakacinda has filed a Notice of Appeal and supporting affidavits, arguing that the court erred both in law and fact.

Nakacinda contends that Judge Zulu wrongly concluded that the Central Committee had ceased to exist, saying the finding disregarded the PF constitution, which provides for continuity of office, internal control mechanisms and the filling of vacancies.

He argues that the judge misapplied the party constitution when assessing whether an extraordinary general conference could be convened.

According to Nakacinda, the ruling ignored evidence on record, including what he described as Sampa’s own admissions that the October 24 gathering did not constitute a properly convened general conference.

He says the court was wrong to accept that an extraordinary general conference took place and was properly constituted despite the absence of proof such as an attendance register or verified delegates.

Nakacinda argues that the ruling misplaced the burden of proof by shifting it onto the plaintiffs and improperly narrowing the issues for determination. He says this resulted in a miscarriage of justice.

He maintains that allowing the judgment to stand would hand control of the PF to individuals he says were not legitimately elected and would undermine the party’s internal governance structures.

The appeal now moves to the Court of Appeal, where the PF hopes to overturn the ruling.

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