THE State has asked the Lusaka High Court to discharge the leave for judicial review granted to Democratic Front secretary general Morgan Ng’ona in a matter where he is challenging the decision by Home Affairs Minister Davies Mwila to cancel and revoke the certificate of registration of the party.
Assistant State advocate Mubanga Kalimamunkweto from the Attorney General’s chambers said this in response to an affidavit in support of ex-parte summons for leave to apply for judicial review deposed by Mr Ng’ona on February 8 this year.
Mr Kalimamunkweto contended that according to the records from the Registrar of Societies under which the party, Democratic Front is registered, Ng’ona is not registered as the secretary general as claimed but that records shows that Adwick Nyendwa was the party’s secretary general.
He added that even though Ngo’na sued in his capacity as the party’s secretary general he was not the secretary general.
Mr Kalimamunkweto stated that on January 20 this year, one Namakau A. Kaingu also wrote to the Chief Registrar of Societies purporting to be the secretary general of the Democratic Front.
For the foregoing reasons Mr Kalimamunkweto craved the indulgence of the court to discharge the leave granted by the court to commence judicial proceedings.
In this case the purported Democratic Front secretary general Ngo’na sued the Attorney General, challenging the decision by the Home Affairs minister to revoke and cancel the registration of the party.
And High court Judge, Judy Mulongoti, granted Mr Ngo’na an application for leave to apply for judicial review and that it should act as a stay of the decision of the minister
Ms Mulongoti said that she had considered the affidavit evidence and submissions by counsel and that she was inclined to grant the application leave to apply for judicial review and that it should act as a stay of the decision of the minister.
Justice Mulongoti said it was clear from the affidavit that the minister cancelled the certificate of the registration for the Democratic Front Party pursuant to Section 13 of of the Societies Act which states that the minister may in his discretion cancel at any time the registration of any society effective under the provisions of Section 7 if he is satisfied that it is expedient to do on the ground that the interest of peace was done in good order.
She further said she could not delve into the issues of whether the decision was illegal or unreasonable but her primary concern was whether the application had the facts to demonstrate he had an arguable case or prima face case fit for consideration at a substantive hearing for the judicial review.
Ms justice Mulongoti said in view of the foregoing reasons she granted the applicant leave to apply for judicial review and the same should operate as a stay.