The Lusaka High Court has lifted the injunction order that had temporarily halted Matero Member of Parliament, Miles Sampa, from assuming the role of Patriotic Front (PF) president. As a result, the status quo remains, with Mr. Sampa serving as the president of the PF until the court reaches a final decision regarding the case.
Earlier this week, the High Court, led by Given Lubinda, had issued an ex-parte injunction preventing Mr. Sampa, who was elected as president, from representing himself as a member or leader of the PF. In the injunction granted by Lusaka High Court Judge Situmbeko Chocho, Mr. Sampa was also barred from approaching the Registrar of Societies to make any alterations to the PF’s register of members, as it appears in the Registrar of Societies, whether directly or through agents, servants, or any other individuals.
The injunction had been requested by PF Secretary General Raphael Nakacinda, who sought an interim injunction to prevent Mr. Sampa, elected at an impromptu convention, from holding any position within the party. In his request, Mr. Nakacinda undertook to compensate for any damages that might be incurred by the defendants if it was determined that the court’s order was unjustified.
However, the most recent court documents reveal that Judge Chocho has discharged the injunction granted to Mr. Nakacinda and others. The decision to lift the injunction was based on the plaintiff’s failure to provide full and transparent disclosure of all essential facts to the court. Notably, the court found that Mr. Nakacinda had not disclosed the proceedings that had taken place before another judge of the High Court, Mr. Justice Katanekwa, under cause number 2023/HP/0225.
The court has scheduled November 21, 2023, as the date for the inter partes hearing on the matter, where further legal arguments and presentations will be made.