MILES Sampa and the defunct Democratic Front party have appealed against the Lusaka High Court decision to uphold Home Affairs Minister Davis Mwila’s decision to cancel its registration certificate, citing failure by the judge to acknowledge available evidence of new office bearers in the party.
The Lusaka High Court last week ruled in support of Mr Mwila’s decision to deregister the party and dismissed the application by self-acclaimed secretary general Morgan Ng’ona that there was no legal documentation to prove he was a member of the opposition party.
Justice Betty Mulongoti lifted the stay earlier granted to halt the decision of the minister for commencement of judicial review; and that Mr Ngóna was in no position to sue for or on behalf of the DF because he was neither on the party’s executive committee nor a recognized member of the Miles Sampa-led party.
But Mr Ngóna appealed to the Supreme Court against the High Court ruling, saying he was in fact the secretary general of the DF with all records showing as proof, and not the said Adwick Nyendwa as would be demonstrated at a substantive hearing.
They charged that the judge misdirected herself when she opted to discharge the leave and stay granted on the decision by the minister when at the same time she suggested there was need for further determination of the matter at an inter-parte hearing.
“The learned High Court judge misdirected herself and indeed contradicted herself in the ruling by pointing out that the case was fit for further consideration and yet she discharged leave, thereby leaving no room and forum for the determination of the matters fit for further consideration and as such rendering the same nugatory, otiose and an academic exercise,” they have argued.
They charged that the judge failed to consider the effect of the discharge of leave on the Constitution and democracy and fundamental principles of good governance.