MATERO Member of Parliament Miles Sampa is abusing the Judiciary and the court process by seeking recognition and relief from an illegal assembly that had been censured by an injunction issued by the Lusaka High Court.
In his application to dismiss the appeal by Mr Sampa, Patriotic Front (PF) president Edgar Lungu submitted to the Supreme Court that it was undesirable that people like the Matero MP who did not respect court orders or who wish to benefit from an illegality should use the court of law to advance their cause.
Mr Lungu said Mr Sampa’s appeal was misconceived, incompetent and an abuse of the process of court because the Matero lawmaker seeks to enforce his rights acquired from an illegal election that was outlawed by an order of injunction which was wantonly disregarded, disrespected and disobeyed, thereby committing contempt of court. He asked the Supreme Court to dismiss an appeal in which Mr Sampa has sued former PF secretary general Bridget Atanga. Mr Lungu, who is Minister of Defence and Justice, said Mr Sampa’s appeal was incompetent because it included Mrs Atanga who was relieved of her duties and was replaced by Davies Chama.
This is in a matter in which Mr Sampa had sued dismissed PF secretary general Atanga over the ruling of High Court Judge Isaac Chali which was passed without hearing other parties.
Mr Lungu is represented by Mweemba Chashi and Partners while Mr Sampa is represented by Makebi Zulu and Advocates, Iven Mulenga and Company and Lungu Simwanza and Company
“On public policy consideration, it is undesirable that courts should be abused or used to resolve intra-party wrangles of private clubs and associations.
“The appellant should pay security for costs before the appeal is heard and in the alternative this appeal be forthwith dismissed with costs,” Mr Lungu said.
Meanwhile, PF national chairperson Inonge Wina yesterday requested the Supreme Court to throw out an appeal by Kasama Central Member of Parliament Geoffrey Mwamba and party member Captain Seleman Phangula Banda to join Matero legislator Miles Sampa in a matter before the court. Ms Wina said the court should dismiss the appeal because it was an abuse of court process and source of multiple court actions.
In her affidavit in support of summons to dismiss the appeal filed in the Supreme Court yesterday, Ms Wina said if the court allowed it there was a possibility of having two conflicting decisions on the same matter.
“I am also advised that the parties are the same and there is a possibility that this same Supreme Court is likely to come to two conflicting decisions over the same matter. I am also advised that the court disapprove of parties commencing a multiplicity of actions and procedures over the same grievances,” she said.
Ms Wina said apart from the two appeals, there are pending contempt proceedings against Mr Sampa and five others before High Court Judge Mungeni Mulenga.
She said the two parallel proceedings in the High Court resulted into two parallel appeals.
In their memorandum of appeal filed in the Supreme Court, Mr Mwamba, Mr Sampa and Mr Banda said Judge Mulenga was wrong at law by dismissing their application to be added as defendants in their absence and without giving them an opportunity to be heard.
They have argued that the judge misdirected herself by holding that she had inherent jurisdiction not to hear the parties on an inter-parte application which decided had no merit and was meant to waste the court’s time. Mr Sampa had asked court to declare the election of Mr Lungu as PF president null and void and grant him an interim injunction restraining the latter from posing as party leader.