Constitutional Court dismisses Petition by the nine MPs as it lacks jurisdiction on the matters that were raised


… Constitutional Court dismisses Petition by the nine MPs as it lacks jurisdiction on the matters that were raised..

Lusaka-Thursday, June 27th 2024

We have noted a judgement rendered by the full bench of the Constitutional Court regarding the matter of; Robert Kaoma Chitotela, Nickson Chilangwa, Musonda Mpankanta, Remember Mutale, Brian Mundubile, Stephen Kampyongo, Mulenga and Mutotwe Kafwaya Vs Miles Sampa, Morgan Ng’ona and the Attorney General.

In this matter the nine Members of Parliament were challenging their illegal expulsion from the Patriotic Front by Miles Sampa and his purported Secretary General.

On 27th December, 2023, Miles Sampa’s lawyers raised a preliminary matter that the matter was incompetently before the Constitutional Court as issues and action of the Registrar of Societies and the purpoted Extra-Ordinary Conference held on 24th October 2024, were matters that ought to be heard before lower courts and NOT Constitutional Court.

The Constitution Court has therefore upheld the preliminary issue and dismissed the main petition of the nine Members of Parliament stating that the Constitutional Court lacks jurisdiction or authority to hear the matter.

Below is the findings of the Constitutional Court;

“In view of our finding that the Court has no jurisdiction to determine the Petition as it does not disclose any constitutional issue, it follows that the rest of the issues raised have been rendered otiose.”

15.0 Orders

[15.1] “We accordingly make the following orders:

[15.2] The 1st and 2nd Respondents’ application (Miles Sampa and Morgan Ng’ona) to dismiss the Petition for want of jurisdiction is upheld.”

This was a Ruling on a preliminary application by Miles Sampa and Morgan Ng’ona who raised preliminary issues on a point of law.

The background to this application is that the members of Parliament commenced this action by way of Petition on 8th December, 2023 against the Sampa, Ng’ona and the Attorney General alleging breach of Article 60(2) of the Constitution and several articles of the Patriotic Front (PF) party constitution.

Following this Ruling we are studying the matter and will consider the various options available before us including taking the matter to a court of competent jurisdiction as clearly guided by the Constitutional Court which says has no authority on the matter.

Issued by:
Amb. Emmanuel Mwamba
Chairperson of Information and Publicity
Member of the Central Committee

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