A CASE in which former Matero Member of Parliament Miles Sampa has asked the Lusaka High Court to quash the decision of Home Affairs Minister Davies Mwila to revoke and cancel the certificate of registration of Democratic Front (DF) has been re-allocated to another judge after Judge in charge Mungeni Mulenga recused herself from handling the matter.
Judge Mulenga recused herself after Mr Sampa wrote to the High Court to have the case between DF secretary general Morgan Ng’ona vs the Attorney General re-allocated to another judge.
The case has since been re-allocated to Judge Judy Mulongoti who will hear the matter today at an inter-parte hearing. Last week, Mr Sampa asked the Lusaka High Court to quash the decision of Mr Mwila to revoke and cancel the certificate of registration issued to the political party.
Mr Ng’ona submitted to the court that Mr Mwila should be ordered through the Registrar of Societies to reinstate the certificate of registration of the DF in line with the provisions of Section 10 (1) of the Societies Act Chapter 119.
Mr Ng’ona said Mr Mwila’s decision was unreasonable and illegal,as he acted in excess and want of his jurisdiction.
He wanted the court to declare that Mr Mwila does not have discretion to revoke and cancel the registration of a political party on the basis of internal discord of the party.
Mr Ng’ona also filed a certificate of urgency for judicial review for it to operate as a stay of the decisions of the minister and that the hearing of the application for judicial review be expedited.
He has stated in his affidavit in support of ex-parte summons for leave to apply for judicial review that Mr Mwila on February 4, 2016 announced at a news briefing that the DF certificate of registration had been revoked and cancelled.
Mr Ng’ona said that the minister gave reasons among others of failure by top leadership of DF to change the ownership of the party from David Chanda to Mr Sampa. He said that the reasons advanced by the minister are untrue as on December 9, 2014 there was change of office bearers of the party as well as a recommendation for change of name. Mr Ng’ona said that Mr Chanda, who is a civil servant, is the one who has been masquerading as president of DF and that is the reason why he has been sued in a different matter.
He said “consequently, the decision of the minister is illegal and void ab initio because he does not have the power that he purported to arrogate to himself”.