Power and Politics

PF’s Mwamba accuses Kabwe judge of misconduct, petitions Judicial Complaints Commission

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Patriotic Front (PF) Member of the Central Committee and Chairperson for Information and Publicity, Emmanuel Mwamba, has reported the Judge-in-Charge of the Kabwe High Court to the Judicial Complaints Commission (JCC), accusing him of misconduct in handling a PF-related injunction.

In a letter dated November 14, 2025, Mwamba alleged that the Judge’s actions amounted to an abuse of court process after he allowed Morgan Ngona, whom he described as a “purported Secretary General” of the PF, to “shop for a forum” and obtain an injunction outside Lusaka.

Mwamba argued that all matters relating to the PF’s internal disputes were already consolidated before a single judge in Lusaka — an administrative arrangement agreed upon to prevent multiplicity of actions and abuse of court processes.

“It is irrational for the court to hear and grant an action over matters happening in Lusaka and where all parties to the case reside. This amounted to forum shopping and collusion by the parties involved,” he said.

He urged the JCC to investigate alleged misconduct, unethical practice and abuse of office by Judge Limbani.

“I recognize that the Judicial Complaints Commission (JCC) is a statutory body responsible for enforcing the code of conduct for judges and judicial officers, ensuring accountability and integrity within the judiciary,” he stated.

Mwamba further claimed it was common knowledge that a group had, on October 24, 2023, purported to hold an Extraordinary Conference without the authority or knowledge of the party’s constitutional structures, an action he said amounted to “hijacking” the party.

He said both factions subsequently reported the matter to the police and took legal action seeking “redress and restoration” of the PF.

“We also complained that these illegal acts were being perpetrated by the State with the active collusion and collaboration of persons we identified and named at State House, Zambia Police, Ministry of Home Affairs and Registrar of Societies,” Mwamba wrote.

He added that the alleged attempt to “steal the largest political party” threatened democracy, the rule of law, peace, stability and national security.

Mwamba noted that when the facts became clearer, Church Mother Bodies and other key stakeholders—including the Law Association of Zambia—called for the PF to be restored to what they deemed its legitimate leadership, and urged state institutions to distance themselves from illegal attempts to “take over” the opposition party.

He said stakeholders also appealed to the judiciary to act as an “independent umpire” in resolving the disputes.

Mwamba recalled that lawyers from both PF factions met the Chief Justice to raise concerns over delays, alleged misconduct and abuse of court processes.

“As at March 2025, we saw an administrative action where… all matters outstanding were allocated to one Judge, Hon. Mrs. Justice Conceptor Chinyanwa Zulu, to handle, resolve and determine,” he stated.

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Mwamba said he was shocked that despite this arrangement, Ng’ona—through lawyers Messrs Paul Chiteta & Company—approached the Kabwe High Court and secured an injunction over an activity taking place in Lusaka.

He explained that on November 3, 2025, the PF had begun the process of replacing its former leader, Dr Edgar Lungu, announcing an elective General Conference to choose a new president and central committee members.

All these activities, he said, were taking place at the party’s Lusaka Secretariat.

“Although all these activities are taking place in Lusaka, Mr. Morgan Ngona chose to shop for a forum outside Lusaka. Mr. Ngona also was fully aware of the administrative directive where all matters regarding the ownership, legality and status of the Party are before the Lusaka High Court,” Mwamba wrote.

He argued that the Judge-in-Charge should have exercised restraint and prevented abuse of the court process, especially since all parties to the matter are based in Lusaka.

Mwamba added that the judiciary—through acts of individual misconduct or unethical conduct—must not be used to promote injustice or illegalities.

“It is for this reason that I lay a serious complaint against Hon. Mr. Justice Kelvin Hancubwili Limbani, the Judge-in-Charge of the Kabwe High Court, for his decision to handle and grant this court injunction that is highly irregular, and facts before him required that he exercised sound judicial mind,” he stated.

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