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Judge Mungeni rejects application by Miles Sampa, GBM and Captain Phangula

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High Court

The Lusaka High Court says Matero MP Miles Sampa, his Kasama counterpart Geoffrey Mwamba and former Zambia’s High Commissioner to Nigeria Seleman Phangula cannot be added to the proceedings in the matter in which Party Chairperson Inonge Wina has sued PF Secretary General Bridget Atanga.

Following the High Court decision to deny them an opportunity to be added to the proceeding,s the trio has appealed to the Supreme Court against the ruling.

High Court Judge Mungeni Mulenga ruled that the trio is incompetent to be added to the proceedings.

In their appeal to the Supreme Court, they have argued that they should be added as intended interveners to the proceedings.

Mr Sampa and his two counterparts Mr Mwamba and Captain Phangula applied to join in the proceedings so that they could set aside a consent judgment or seek review of a courts judgment so that they can be heard.

But in her ruling Judge Mulenga stated that the trio were not competent to be added as defendants and would not re-open the matter that was fully determined by the consent judgment.

Mr Sampa and his counterparts Mr Mwamba, and Captain Phangula in their appeal argue that the High Court judge misdirected herself that the trio was incompetent to be added to the proceedings.

They contend that the Judge was wrong at law by dismissing their application.

Mrs Wina on December 1 2014 sued Bridget Atanga in her capacity as PF Secretary General.

52 COMMENTS

  1. They are incompetent not just in this matter but in their political ambitions too.
    All three withdrew from the Presidential race when they chose to shun the PF convention and then turned up at the M’membe lead cenvention to elect a “cartel” puppet to replace Puppet Scott

    Vote wisely in Jan 2015

    #RBnafutiNafuti

    • @its a worry

      i think you should now change your screen name to “its not a worry anymore”

      PF… its money in the bank…done deal

      2015 votePF (Edgar)

      i thank you

    • The same judge Mungeni Mulenga again! What an eye sore this is! This judge has already admitted that she is related to Edgar Lungu!

    • @Mei Matungu

      You don’t understand things fully do you! Therefore you are a dangerous person to inflict your opinions on the innocent, much as entitled as you are to make your comment.

      Lungu is not a party to this case. So it is legally correct Her Honour the Honourable Mulenga should take and continue in this particular case. It’s okay, relax, the High Court is competent in listing cases with the correct and able Judge.

      Your tone and the manner that you address the Judge in your posting rant is disrespectful to the Judge. You, like Sampa are contemptuous of our Judicial system

    • @Katondo boys
      As long as we have PF in Govt and people who prepared to mortgage or country to international mining firms, it shall remain “a worry” for the ordinary Zambian.

      We see it in accessing business opportunities at our “so called mining investors”. KCM is full of Indian visiting suppliers. Kansanshi is full of South African, Canadian and British visiting Suppliers. Mopani is a mixture but growing towards South Africa,
      Luanshya Copper Mines is full of Chinese.

      Vote wisely in Jan 2015
      #RBnafutiNafuti

    • @1.4 Patriot Abroad:

      The whole saga is one and the same. It is the substance that matters. Wina vs. Atanga is peripheral.

    • A self confessed relative again for a judge. No no no! why can that be tolerated! She has personal interest! I will advise Sampa to continue fighting this nonsense! He is gaining popularity for being sidelined.

    • Last time I read about Sampa appealing to supreme court, I offered my advice to him via LT for free and made it clear that there was no way that notice of intention to appeal to supreme court would be stayed by the high court. Thats money lost.

      Next he his is going to apply to the supreme court for permission to appeal. The court will not admit any new material evidence. It will instead look at the same argument used by Judge Mungeni to identify holes in the judgement if any. Its not rocket science to know that Sampa’s case will again be thrown out. Money will again be lost.

      Thats court proceedure for you folks.

    • @Wanzelu Why are you on the wrong side of Justice when it comes to Sampa. At the very least he has the right to be heard in a court of law. His election was clearly more democratic than Lungu’s. Now It is true that Lungu is more popular in the PF than Miles, but in terms of which convention followed the law, Miles has an advantage over Lungu. If Mile’s case is thrown out by the Supreme court, He and Guy Scott should seriously consider joining the winning team of HH and UPND. Scott would be good for UPND as vice president just to provide stability during the transition from one government to another. Scott and Miles should also help ensure that there is no rigging of these elections. UPND needs intelligence and spies from within to thwart any attempt by PF to rig this election.

    • @ Katondo boys #1.1

      “PF… its money in the bank…done deal” ?????

      Whose money? Which bank? Done deal with who?

      Usual Saulosi

    • I am not on the wrong side of the law. I am simply following the PF ‘s interpretation of the law highly supported by all PF members before this rift emerged. Mmembe,and PF compromised the judiciary and thought it was going to spare them from being its victims.

      Sampa camp as part of the PF made their bed and they should lay in it.

      As long as it does not affect UPND I am ok with it.

      This is the reason why people should vote UPND to sort out this mess created by PF in the first place.

      Sampa has no one to blame but the crookedness and mafios that rules in his uncle’s party.

  2. Chilufya Tayali is a shameless He goat. Why is he not asking PF who are using tax payers money to campaign. He is clearly a PF cadre! This time around HH IS UNSTOPPABLE//GET IT?

  3. sampa learn to work with your friends. This is not your year my brother. pipo belv you are being used by cartel besides your group was wrong not to respect the courts.

  4. Ms Wina sued Bridget Atanga in her capacity as Secretary General meanwhile the consent agreement was signed by Davies Chama. who is cheating who in this whole saga. everyone can see that judiciary has been compromised and the very reason that we have an acting Chief Justice speaks volume about how Zambians are very subjective and not objective in analyzing matters. i for one cannot vote for Sampa but i think on this one he has a valid point. Ms Wina who is destined to be the first woman vice president has really worked for her job in ensuring that she dribbles the likes of Sampa et al. i thought one FTJ had gone with dribbling now even women from barotseland are in the game.

  5. Guy Scott shud not talk about HH and UPND but kapita can talk about lungu and PF. PF has kept vendors UPND will come and keep vendors. lungu will put milling plants in rural areas to reduce meal meal price. HH will come and reduce meal meal price. HH is unstopable

    • Why haven’t you asked yourself this- They keep talking about the ‘what’ but no one is mentioning the ‘how’? Look, HHs support is being inflamated to say the least, the best would be to drop the hyperbole and run as though you are not leading the race!
      HH has not gained ground in any other province except Lusaka, fact! For the PF, UPND supporters are ignoring to calculate the likely votes that Edgar Lungu will enjoy from Eastern Province. This is not an easy election for anyone.

    • Who cares now! why should I hve headaches over a party that is disorganised, VISION-LESS with a sick and drunkered leader. Ifwe ni Zambia Forward chabe. Nayo Nayo Tate. Faka pressure HH!

    • Some people call Edgar Lungu a drunk and all that nonsense. Question I ask you is this- What did Edgar Lungu do wrong in his time as minister.
      1. As Home Affairs minister, he recorded the highest illegal immigration arrests in the country,
      2. As Justice minister, he resuscitated the consitution making process,
      3. As Defense Minister, he involved the wings to get Chibolya straight.
      If you think Mmembe is criticising Edgar because Mmembe cares for you, then you really are deluded!

  6. It is over, Edgar Lungu is the candidate. Best advice for Post owner Mmembe is to arrange a repayment scheme with ZRA and DBZ because the law will pounce. It is time every citizen started paying a fair share of taxes.

    • Spot on ,let him arrange a time to pay agreement , that
      facility is available at ZRA. Fo how long is mumembe going to avoid tax.Laughable this fo.ool thinks zambians are gullible.
      Zambians will no longer vote for someone he supports .

  7. Quacks who don’t know left from right. Why can’t they quit already, this has gone from laughable to irritating so fast and it’s now as old a pant bought from salaula. Can we now move forward? Yawn..yawn again..singing lullaby.

  8. Is this not the same judge we heard is related to Edgar Lungu and had refused to hear one of the so many cases related to the PF presidency and now this….?

    • She is the one.She is very competent and fair. May God richly bless her and may she ascends to the office of Chief Justice in Jesus`s name!! Amen and amen

  9. Leadership comes from God. You don’t force people on oneself. It comes naturally . Even when you are sleeping people will wake you up to lead them. it is not what you have but what God has put in you that matters. Problem in politics we tend to forget these simple principles. The way HH missed an opportunity of Presidency in working with Late Sata is the way Miles is going. If he worked under Lungu, who knows in 2016 people would have made another informed decision for Miles to run the race. Greed sometimes makes good and determined people to lose what may have belonged to them due to poor timings. Certain things you need to be inside first then from there you play your cards well and you get what you have longed for many years. Let Miles rethink. He can be given the grace in year to…

    • Miles Sampa is not by any regard presidential. Miles did not command the respect of many in the ruling PF. His own uncle did not see him fit to be minister, instead, made him deputy minister. The conference was a joke, frankly, PF lacks bigwigs to take up the mantle of Sata and Lungu was the next best option.

    • You are just dull to think that it was wrong for HH to pull out to work with your Sata. HH realized how wicked Sata and pf were hence his pulling out and that was a very wise move because if he didn’t this would have cost him the presidency in 2015 because many sane Zambians have realized that pf was and is a mafias party. Sata and pf only came to steal, to kill and to destroy Zambia, and you think zambians are dull like you? Sata was the worst tribalist president Zambia has ever had and hence his concentration on giving jobs to his family, relatives and tribesmates.

  10. it is total foolisshhnesss for any PF member not to rally behind HE Edgar Lungu at this juncture !

    ViVa EDGAR LUNGU !

  11. Sampa and Cartel,

    It is sad that someone who wants to be a leader cannot liaise with colleagues or attend a reconciliatory meeting. I just wonder how such a person would rule the country, and I mean SAMPA and B.I.G daddy Mwamba.
    All these guys are fighting for selfish interest, espeically their businesses.
    people ensure that you kick off PF from Government, and bring Membe, Nchito, Mwamba, Kambwili and Lungu to Justice.
    By the way why has the MBANDU case died -n Sampa and Lungu both should explain this to the public.

  12. Advice to Edgar Lungu – take a little bit of beer now and then to ease down your stress. Take it easy. The storm is catching momentum.

    • I am confused Mei. I thought you call him a drunk. Why would you recommend a beer to him?

      I find the best Stress Relief activities are; to have some recreation time, a film, a walk, take a latte at a cafe by the Riverside etc. NEVER beer.

    • @12.1 Patriot Abroad:

      Your advice is better this time around. I concur. I would add, let him jog 5 kilometers non-stop every morning. It will help him relax and have a clear mind. Nice to know you care.

    • Meanwhile, let EL enroll privately for AA (Alcoholics Anonymous) – just in case he is able to pull it through. Who knows!

    • @12.1 Patriot Abroad:

      In retrospect though, I think EL will still need a little bit of beer here and there, in order to stay pepped up on the campaign trail. He must transform himself into the comedian he was never created to be. Otherwise, he is bound to look sluggish from the hang-over. You know what I mean?

  13. If PF continues on this trajectory the will hit rock bottom fast. Alienating the true patriots of the party will lead to nothing good. GBM and Miles have probably given up on this election however they still have the right for their case to be heard. As they leave the PF behind its their duty to expose the travesty and injustice that led to their frustration. Edgar Lungu will loose and PF will go to archives. GBM and Miles and anyone with half a brain should abandon ship now and save face. How can anyone support a presidential candidate who fails to address a rally because he was drunk or had hangover?

  14. It is Edgar Lungu as President period, not ****like HH, let him go to hell. I will call the Mwata and ask him to ask the people of the Luba Lunda Empire of the Kingdom of the Mwata Kazembe to vote for Lungu period

  15. What do you expect from a so-called judge who confesses that she is a relative to Lungu.

    I doubt if this judge is even fit to be a magistrate judge.

  16. Look whether u like it or not,the majority PF lovers wanted Edgar Lungu and not Mile Sampa.since EL won,calm and peace have been restored.protests by PF cadres have stopped,showing that PF family has accepted EL.so Miles Sampa’s team must just swallow their pride and support EL.one cant impose himself on people and expect peace, chaos can be order of the day!bravo to judges for restoring peace.am sure even supreme court will reject Sampa’s appeal.we need peace!

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