Supreme Court sends back Sampa’s case to the High Court

The Supreme Court has sent back to the Lusaka High Court for retrial, the matter in which MATERO MP Miles Sampa has contested the declaration of Justice Minister Edgar Lungu as duly elected PF President.

Supreme Court Judge, Justice Evans Hamaundu states that Lusaka High Court Judge Mungeni Mulenga did not consider the reasons Mr Sampa gave in asking to be joined to the matter regarding the consent judgement.

Delivering Majority Judgement on behalf of others, Justice Hamaundu said that the appellant, Mr Sampa had filed a detailed affidavit in support of his application to be joined to the proceedings.

Justice Hamaundu further says Mr Sampa had an interest in the matter and therefore should hav been given a chance to be heard, based on past decisions of the court.

But reading the minority judgement, Judge Albert wood said there was sufficient material before the Supreme Court to decide whether or not Mr Sampa should be joined to the consent judgement.

A minority judgement refers to the views of expressed by a minority of the members of the bench of the supreme court.

The minority members of the supreme court argued that based on sufficient material being available there was therefore no need to take back the matter to the High Court.

On December 5, 2014, Mr SAMPA appealed to the Supreme Court after LUSAKA High Court Judge MUGENI MULENGA quashed his application to join the consent judgement that declared Mr LUNGU duly elected PF President.

Mr SAMPA also appealed against the LUSAKA High Court’s verdict to dismiss his application for an injunction against the declaration of Mr LUNGU as duly elected PF President.

LUSAKA High Court Judge in Charge ISAAC CHALI ruled that Mr SAMPA’s application was an abuse of court process because the consent judgment that pronounced Mr LUNGU duly elected PF President was approved and signed.

Judge CHALI further held that allowing proceeedings in a matter which was already adjudicated upon would bring the administration of justice into disrepute.

Courtesy of ZNBC