THE leave for judicial review granted to the purported Democratic Front secretary general Morgan Ng’ona to challenge the decision by Home Affairs Minister Davies Mwila to cancel and revoke the certificate of registration of the party should be discharged, the State has argued.
Assistant senior State Advocate Mubanga Kalimamukweto argued that the application should be discharged because the respondent was not the party’s secretary general of the DF.
He said this when the matter came up for inter-party hearing in the Lusaka High Court before Judge Judy Mulongoti.
Mr Kalimamunkweto reiterated that Mr Mwila properly invoked the provisions of section 13 of the Societies Act to deregister the DF for he saw it fit in his own opinion as per discretionary powers vested in him.
He argued that the minister’s power was discretionary and resided in Mr Mwila’s opinion in the interest of peace, welfare and good order of Zambia.
Mr Kalimamunkweto said it was his humble prayer that that the leave granted to the applicant be discharged considering that it now had a full insight of the matters before it as opposed to the matters before the judicial review was granted.
But Ngona’s lawyer Keith Mweemba argued that the proceedings were properly before the court and that the court had jurisdictions to hear and determine the substantive application.
He asked the court to proceed to hear the main matter and not to discharge a leave for judicial review which was granted to his client (Mr Ngo’na) as he was allegedly the party’s Secretary General.
Mr Mweemba further submitted that the Attorney General delved into the main matter instead of arguing the application to discharge leave to set aside the matter.
And another defence lawyer Gilbert Phiri told the court that Adwick Nyendwa was the Secretary General of the Genuine People’s Platform and not Democratic Front as record would show in the further affidavit in support of the summons of David Chanda which records indicated that Nyendwa was replaced by Bridget Atanga of which the same minutes were forged.
Mr Phiri also argued that leadership wrangles in the party could not disturb the peace of the country. Earlier in his submissions in response to the affidavit, Mr Kalimamunkweto contended that according to the records from the Registrar of Societies under which the party, Democratic Front is registered, Ngona 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 on the list of the Party’s leaders.
Mr Kalimamunkweto stated that on January 20 this year, one Namakau A .Kaingu also wrote to the Chief Registrar at the Registrar of Societies purporting to be the Secretary General of the Democratic Front.
In this case Mr Ngo’na has 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