KASAMA Central Member of Parliament Geoffrey Mwamba and two others have appealed to the Supreme Court seeking the reversal of a High Court ruling which blocked them from challenging the election of Patriotic Front (PF) president Edgar Lungu.
In their appeal to the Supreme Court, the trio, Mr Mwamba, Seleman Phangula Banda and Matero MP Miles Sampa, said High Court Judge Mungeni Mulenga was wrong at law when she dismissed their application to be added as defendants.
The trio has also said the judge misdirected herself by holding that she had inherent jurisdiction not to hear the parties on an inter-parte application which she decided had no merit and was meant to waste the court’s time.
They said Ms Justice Mulenga misdirected herself by holding that the intended interveners were incompetent to apply to be added as defendants and might not re-open the matter which was fully determined by the consent judgment and that the application was dismissed for lacking merit.
In her ruling last Friday, Ms Justice Mulenga said there was a consent judgment and the law and regulations were clear on the manner and mode of how the ruling could be challenged.
“This application lacks merit and is misconceived and I accordingly dismiss it,” Ms Justice Mulenga had said.
Last week, Mr Sampa asked the Lusaka High Court to declare the election of Minister of Defence and Justice Lungu PF president null and void and grant him an interim injunction restraining Mr Lungu from posing as PF party president.
Judge Mulenga rejected the application and declared Mr Lungu duly elected PF president and sole candidate for the January 20, 2015 presidential by-election.
Mr Mwamba together with Mr Sampa and Captain Phangula Banda applied to join the case in which PF national chairperson Inonge Wina had sued PF secretary general Davies Chama. Mr Mwamba has sued the two as first and second respondent respectively.
This is according to the memorandum of appeal filed in the Supreme Court registry yesterday by the lawyers representing Mr Sampa, Mr Mwamba and Capt Banda, Messr Zulu and Company.
This is in a matter in which Ms Wina had sued Mr Chama for convening a parallel PF general conference even after the injunction was granted restraining the convener from going ahead with the meeting.
Mr Chama replaced Mrs Bridget Atanga who was dismissed as PF secretary general.