ABOUT THE LATEST TWIST IN THE PF SAGA
On 24 October 2023, an Extra Ordinary General Conference of the Patriotic Front (PF) was held, at which Miles Sampa was elected President of the party. Following his election, Sampa made various decisions in his capacity as President, including appointing Robert Chabinga and Morgan Ng’ona as Committee Member and Secretary General, respectively.
In due course, Sampa dissolved the PF Central Committee and all provincial chairpersons and replaced them with new appointees. He also dismissed Morgan Ng’ona as Secretary General and assumed the powers of that office. In addition, he removed Robert Chabinga as Leader of the Opposition in Parliament.
Aggrieved by these developments, Ng’ona sued Sampa in the High Court, challenging his decisions, including the dissolution of the party’s Central Committee and the removal of himself and other appointees, on the basis that they were made without proper authority.
Ng’ona sought declarations that those decisions were illegal, null and void, as well as an order staying their implementation pending determination of the matter.
The High Court dismissed Ng’ona’s action in its entirety for want of prosecution, on the basis that he failed to comply with court directions and had delayed in prosecuting the matter.
Dissatisfied with this decision, Ng’ona appealed to the Court of Appeal. In addition, he applied for an interim injunction to restrain Sampa from interfering with his functions as Secretary General and from altering party records pending the determination of the appeal.
A single judge of the Court of Appeal initially granted Ng’ona a temporary injunction without hearing both sides, so that the matter could later be considered when both parties were present.
At the full hearing, the Court of Appeal dismissed the application for an injunction on the ground that it was incompetent. The Court held that although both the High Court and the Court of Appeal have jurisdiction to grant injunctions pending appeal, where such concurrent jurisdiction exists, the application must first be made in the High Court. Since Ng’ona had failed to do so, the Court discharged the earlier temporary injunction.
This judgment underscores that where there is concurrent jurisdiction between the High Court and the Court of Appeal to grant an injunction pending appeal, the application must first be made in the High Court before approaching the Court of Appeal.
Case Citation: Morgan Ng’ona (Suing as Member & Secretary General of the Patriotic Front Party) v Miles Bwalya Sampa (Sued in his capacity as President of the Patriotic Front) (CAZ/08/151/2026) [2026] ZMCA 73 (6 May 2026)