Patriotic Front (PF) Secretary General, Rapheal Nakacinda, has filed a lawsuit against the Director of Public Prosecutions (DPP) for preventing the private prosecution of factional leader, Miles Sampa, for alleged perjury.
Lusaka Magistrate Keegan Litiya last Wednesday said the DPP, Gilbert Phiri, had refused to give consent to privately prosecute the matter against Sampa and his Secretary-General Morgan Ng’onga because they were already proceedings before the Lusaka High Court.
Nakacinda has now turned to the Lusaka High Court seeking judicial review of the DPP’s decision which he said was illegal as it was done without regard to the public interest and administration of justice .
In his application for leave to commence judicial review proceedings, Nakacinda wants the High Court to quash the DPP’s decision.
“The decision of the Respondent being the refusal to grant consent to the applicants advocates to privately prosecute the matter of the people vs Miles Sampa and Morgan Ng’ona was irrational improper and taken in bad faith,” he said.
In the complaint filed before the Lusaka Magistrates’. in count one, Sampa was in October, this year alleged to have filed an aflidavit at the High Court Principal registry purporting that he was PF president when in fact not, which is Perjury contrary to section 104 of the Penal Code Chapter 87 of the Republican laws.
It is alleged in count two that Sampa committed Perjury when he delivered a letter to the Registrar of Socicties purportedly issued by the Patriotic Front Secretary-General while in count three, he and Ng’onga did attempt to change office bearers at registrar of socicties by presenting a list of the said office bearers when they had no authority to do such a thing, contrary to section 390 of the Penal Code Chapter 87 of the Laws of Zambia.
Lastly, Sampa is charged with forgery contrary to section 347 and of the Penal Code Chapter 87 of the Laws of Zambia.
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