Sampa asks constitutional court to throw out petition on Matero parliamentary seat, cites lack of jurisdiction

Matero Member of Parliament, Miles Sampa, has asked the Constitutional Court to dismiss a petition seeking to declare his parliamentary seat vacant, arguing that the court lacks jurisdiction to hear the matter as a court of first instance.

Sampa, who also claims leadership of the Patriotic Front (PF), raised Preliminary Issues through his legal team from Mulilansolo Chambers, contending that the dispute falls squarely within the jurisdiction of the High Court.

“The Constitutional Court does not have original jurisdiction over parliamentary matters,” Sampa stated in his affidavit.” This matter, being centered on the alleged expulsion of a Member of Parliament and the effect thereof, should rightly be heard by the High Court.”

The petition in question was filed by Morgan Ng’ona, the former PF Secretary General, who claims Sampa ceased to be a member of the PF following an expulsion by the party’s central committee.

Ng’ona has since asked the Court to declare the Matero seat vacant.

Sampa insists the petition is fundamentally flawed, both procedurally and substantively.

“The petition does not, on the face of it, raise any constitutional questions or allege any contravention of the Constitution that would properly invoke the jurisdiction of this Court,” he argued.

According to Sampa’s affidavit, he was duly elected as MP for Matero in the August 12, 2021 general election after securing 55,612 votes.

He further asserted that he was elected PF president during the party’s convention held at Mulungushi International Conference Centre on October 24, 2023.

On that same day, Sampa appointed Ng’ona as PF Secretary General but later relieved him of his duties on June 30, 2024.

He also dissolved the party’s central committee on July 2, 2024, a move which triggered internal disputes.

Sampa claimed that the actions taken by Ng’ona and the dissolved committee, including purportedly expelling him from the PF and writing to the National Assembly to declare the seat vacant, were illegitimate.

“The petitioner is attempting to validate decisions made after he was dismissed from office,” he said.

He also revealed that Ng’ona had earlier commenced proceedings in the High Court under cause number 2024/HP/0938, challenging both his dismissal and the dissolution of the central committee, matters he argued are already sub judice.

In his skeleton arguments, Sampa submitted that the Constitutional Court is being improperly used to advance a parallel agenda.

“This petition is an abuse of court process, a backdoor attempt to legitimize the petitioner’s actions.“It is vexatious and should be dismissed in limine.” he claimed.

The motion filed by his lawyers also raised four key legal questions, including whether the petition properly identifies constitutional provisions that were allegedly breached, and whether the Constitutional Court has jurisdiction to rule on the expulsion of a sitting MP from their political party.

Sampa is seeking not only a dismissal of the petition but also costs, arguing that the petitioner’s actions have wasted judicial time and resources.

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