THE Lusaka High Court has declared Defence and Justice Minister Edgar Lungu as the duly elected president of the Patriotic Front (PF) and a sole candidate of the ruling party for the presidential election slated for January 20, 2015.
The Court has also declared as illegal, null and void the parallel general conference held on Monday at which it was purported that Matero Member of Parliament (MP) Miles Sampa was elected as second PF president.
And the two presiding officers have confirmed that Mr Lungu was duly elected as PF president while the parallel general conference that purportedly elected Mr Sampa was illegal, null and void because it did form a quorum and that the Commerce deputy minister was not declared the winner because of the court injunction issued by the Lusaka High Court.
The consent judgment delivered yesterday by High Court Judge Mungeni Mulenga ruled that the election of Mr Lungu as PF president at the extraordinary conference of November 30, 2014 had been confirmed.
Justice Mulenga ruled that all the decisions of the parallel general conference which purportedly elected Mr Sampa as PF president had been quashed.
This is the matter in which PF national chairperson Inonge Wina had sued dismissed PF secretary general Bridget Atanga for convening a parallel general conference.
However, the court yesterday ordered that Mrs Atanga should be replaced following her dismissal on Monday and she was replaced by new PF secretary general Davis Chama. That followed Mrs Wina’s application in affidavit in support of ex parte summons of alterations of parties order filed to replace Mrs Atanga with Mr Chama. After the alterations Mrs Wina sued Mr Chama and a consent judgment was delivered in her favour.
The High Court has since banned Mr Sampa, his agents, candidates, superiors or his subordinates to permanently refrain from purporting to have been elected president or presidential candidate of the Patriotic Front other than Mr Lungu.
“The election of Honourable Edgar Chagwa Lungu as party president at the extraordinary general conference held on the 30th November 2014 be and is hereby confirmed and Mr Lungu be and is hereby declared the president of the Patriotic Front and the sole candidate on the Patriotic Front ticket in the 20th January 2015 election.
“The purported general conference of the 1st December 2014 at which the honourable Miles Sampa was purported elected as another party president of the Patriotic Front is and hereby declared illegal, null and void and all the decisions made therefrom are hereby quashed,” Judge Mulenga ruled.
Mr Sampa earlier yesterday asked the Lusaka High Court to declare the election of Mr Lungu null and void and grant him an interim injunction restraining the Defence and Justice minister from being considered as Patriotic Front (PF) president. Mr Sampa said the court should also declare the adoption certificate granted to Mr Lungu null and void. In a statement of claim in the Lusaka High Court by his lawyers Mekabi Zulu, Iven Mulenga and Lungu Simwanza yesterday, Mr Sampa also sued dismissed PF secretary general Bridget Atanga as first defendant and Mr Lungu as second defendant.
“An order of interim injunction restraining the 2nd defendant from holding out as president of the party and further that the 2nd defendant be restrained from presenting the purported certificate of adoption that the Electoral Commission of Zambia,” he said.
Mr Sampa said the delegates who attended the Lungu conference were in excess of 8000 people contrary to the party constitution.
He claimed that the delegates that supported other candidates other than Mr Lungu were threatened and in some cases assaulted, thereby making them leave the conference venue.
He said despite the calls by suspended PF chairperson for election Sylvia Masebo to desist from holding the elections before the completion of the accreditation process, the defendants failed and or refused to heed the advice and proceeded with the conference.
And High Court judge Getrude Chawatama has ordered that Vice-President Guy Scott and Mr Lungu should be removed from court proceedings because they are public officers.
This is in the matter in which Newton Ng’uni sued Dr Scott, Mr Lungu and Attorney General Musa Mwenye over the transfer of instruments of power from Mr Lungu to Dr Scott.