Lusaka High court rejects PF MPs’ attempt to settle leadership dispute via consent judgement

The Lusaka High Court has dismissed a preliminary application by Patriotic Front (PF) MPs, led by Brian Mundubile, who sought to resolve the party’s leadership dispute through a consent judgment on a point of law.

In her ruling, Judge Conceptor Zulu stated that the application could not succeed because the facts at the centre of the case were “contentious and disputed,” making the matter unsuitable for determination under Order 14A of the Rules of the Supreme Court.

She emphasized that the issues raised required a full trial.

Mundubile and seven others had asked the court to adopt a proposed consent in which Matero MP Miles Sampa appeared to concede that the October 24, 2023 PF general conference, which elected him president, was illegal.

They argued that this should have been enough to settle the dispute without a full hearing.

However, Judge Zulu ruled that the matter was far from straightforward.

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The PF Constitution contains gaps regarding who has the authority to convene an extraordinary general conference in the absence of a functioning Central Committee, leaving major questions unresolved.

Additionally, rival affidavits filed by other defendants contradicted the plaintiffs’ claims, further demonstrating that the case involves contested facts.

“The issues raised are contentious,” the judge stated, adding that “this is not a matter that can be resolved on a point of law alone but requires interrogation through trial.”

In the main matter, Mundubile and others insist that Sampa’s rise to the presidency was unlawful, nullifying all his subsequent decisions.

Meanwhile, faction Secretary General Morgan N’gona and President Robert Chabinga maintain that the October 2023 meeting was properly convened and binding, even without a Central Committee in place.

The case returns to court for a status conference on October 9, 2025, when a trial date will be set.

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