Friday, April 19, 2024

High Court allows Miles Sampa to join the proceedings of consent judgement

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Commerce, Trade and Industry Deputy Minister Miles Sampa
Miles Sampa

THE High Court has allowed presidential hopeful Miles Sampa to join the proceedings in which Patriotic Front (PF) president Edgar Lungu was declared leader of the party through a consent judgement.

High Court judge Mungeni Mulenga dismissed an application to raise preliminary issues by PF chairperson Inonge Wina for the court to determine whether it should hear Mr Sampa’s application to join the proceedings when he had not purged contempt allegations.

Justice Mulenga said yesterday that there was no committal order against Mr Sampa as contempt proceedings did not commence against him.

She said Mr Sampa and other alleged contemnors cannot be heard only when the contempt impedes the course of justice or makes it difficult for the court to ascertain the truth or enforce its orders.

Justice Mulenga added that she exercised her discretion to hear the alleged contemnors on the joiner.

She noted that despite being granted leave to commence committal proceedings, Mrs Wina did not take out or serve any notice of motion or other documents on Mr Sampa.

Justice Mulenga said the leave granted lapsed as the 14 days allowance expired without a motion being entered for hearing.

87 COMMENTS

  1. I must admit that I like the way the high court chooses to act so naughty. They are shoving it up the behind of PF by encouraging chaos in the party 😉

    • I hope they rescind Lungu from elections on January 20th and allow the man, who is miles better than Mr Lungu.

      Miles Sampa’s work in Matero, how he has made people in that suburb believe and love him, is a mild reflection of what we are all to expect as a Nation

      HH may have a whirlwind amount of support, but he in unproven and personally I think this job is too big for him.

      I listen to him and I see the flock of his followers and I am more than sure the man is not ready in the slightest

      Thanks
      BB2014

    • “Actually the entire PF campaign team is in disarray as they now sound like mere copy cuts of the UPND president Hakainde Hichilema’s messages. We are now mere imitators of HH’s campaign messages when we are in government. For example, HH has been talking about reinstating all the fired nurses, Edgar says me too, HH says we shall recognise ba Sosala as Chitimukulu, Lungu says me too,  HH says we will reduce the retirement age from 65 to 55, Lungu equally says me too, HH says we will scrap off the wage freeze, Lungu says me too, HH says we will reduce the price of mealie meal, our candidate says me too, HH says I will move the headquarters of Zambia Railways from Lusaka back to Kabwe, Lungu does the same,” a source with the PF campaign team revealed.

      Lungu is currently on a lone…

    • Will it be fair if Lungu is declared not duly elected president of PF, to allow elections to go ahead with PF candidate?
      In all fairness elections shall be postponed till all issues are resolved by courts of law. MMD MPs are being threatened of dismissal by Nevers Mumba, Sampa might win the petition. Let elections be postponed to March end to give time to courts to deliver judgements and all parties to go for presidency on equal footing.

  2. Too late in time. Edgar has filed his nomination, so what next? Time for Miles to either be part of the reconciliation or move on.

    • This is what Chibesakunda wanted. Now will be difficult for Miles to challenge drunkard Lungu after he has already filed his nomination. We have a compromised judiciary it’s so shameful.

    • Yes Miles Sampa is principled, keep things clean. Edgar Lungu should go about and free as if he was more human than those other 8 PF candidates.
      Guy Scott should also let the court hear his suing about being fired as vice-president of PF.

    • The bottom line is the PF candidate Edgar Kachasu Mbamba Tobwa Katata Vodka Kaminamisa Tujilijili Tot Park Beer Crate Lungu is an illegal candidate and forget his party nomination. We shall apply for an injunction to bar him on the 20 Jan. According to their constitution PF has no candidate in this race.

    • we tried a Banda & the result was catastrophic, now we want to go for a Lungu & they are all very unruly with no respect for any civilised way of doing things. we are allowing a Phiri anabwela to reverse even the little human progress we have made in Zambia. These people are not yet fit to govern!

    • GO MILES GO! This is not the end!

      The injunction can be overturned and Lungu declared an illegal candidate.
      Then an appeal to the ECZ submitted for a PF nomination afterwards due to due process delaying your submission.

      IT IS NOT TOO LATE! The election has not taken place yet!

    • It’s a case of justice delayed is justice denied on the part of Miles Sampa. This should not be allowed to happen in a democracy and you should not be happy about this travesty of justice. There are just too many loose ends that need tying up if we are to progress as a country. Systems are in place to be followed and flaunting of the law shouldn’t turn you on in the slightest bit. The UPND have a serious case on taking this case to the international courts to have Lungu technically disqualified after the election especially if PF rig it and PF’s Lungu is announced as the winner. It’s like in football, don’t warn the other team that they have featured a player who was suspended for current game. Wait until the results go against you and then get your weapon out. Remember Sudan v Zambia

    • MILES CAN SUE THE ECZ AS TO WHY EDGAR WAS CONSIDERED WHEN ECZ PRETICALLY KNEW THAT THE CASE WAS IN COURT. MILES HAS THE RIGHT TO EXTEND HIS CLAIMS UP TO THE SO CALLED NEC.
      MILES GO ON AND DON’T GIVE UP. THEY CHEATED THAT THERE WAS RECONCILIATION WHEN IN ACTUAL FACT THEY DID NOT CONSULT THE LAWSUIT

    • @ educated UPND, you are exposing your party by uttering such shameful statements

      you are worse than the criticized PF.

      There is thuggery in UPND even before they win the elections.

  3. What is this corrupt judge really saying, after her relative, Vodka Chakolwa Muhammad Lungu, has filed his nomination papers?

    • You are right. Where on plant Earth do we have so many parties? Let there be two to three major ones for proper checks and balances. We need serious, mature and competent competitors. This is not good for our country. By the way, what is the interest of all these mushrooming parties, do they real want to serve the masses or just to make names? Shame.

  4. This is exactly the reason why Guy Scott was right in resisting foreclosure on an issue which was still in the courts of law.It is too late now.But Lungu and his horde will never escape the fact that they used law of the jungle to steal the candidature. Do I feel the future is bright for Zambia with such scoundrels in charge? Absolutely not.

    • STUP!D LUNGU has lost the election for PF

      You should have listened to Scott you fool! Now your greediness and selfishness have thrown the chance to stay in Government away!

      What kind of ID!OT Lawyer are you?????

      And after being so stup!d, what kind of President would you have made????

      No more PF for me, you LUNGU have destroyed Satas legacy with your lack of common sense!

  5. This country is a mess. How does 13 plus million people be fooled by just a few chosen family members who run the judiciary? KK vs Chiluba, it was hard to rig the election, Banda Vs Sata hard. If HH Vs Lungu will be the same, then I would wish for HH to win, clean this judiciary. Chibeska Kunda, her child and all those relatives, should be kicked out, probably thrown to hell. I bet if the Lungu lose, they will still be declared winners pending court appear, shame, shame, shame. I wouldn’t enjoy this kind of money. When I look at all these thugs, I feel like throwing up. I bet Mushota does not miss this corrupt country. So many ugly dogs in the system. If any of them were my relatives, I would chose a cat over these maroons. Not that I would like Sampa or whoever, just the system, crap.

    • Chikenda
      The system is not as bad as you would like to believe.
      This case of Lungu Vs Sampa is straight forward.
      What the Sampa team should have done is to file in an injunction restraining Lungu from masquerading as PF president, before going ahead and holding their own conference but they didn’t.
      The Lungu team on the other hand did everything to consolidated their own position by filling an injunction restraining the Sampa team from holding their own conference which they ignored at their own peril.
      Sampa by masquerading as PF president is convicting himself on a case of contempt of court because he is confirming that he did in fact disregard the court order.
      I know that you will have a pile of insults for the courts if Sampa was to be sent to jail for contempt.

  6. Sampa is a chord of disunity that has failed to integrate with the rest of the party. His disharmony is creating chaotic individualism which is melodious to upnd and mmd because he’s considered a weak presidential candidate to contend with. Stop bending for Mmembe and move on! Viva ECL!

  7. Being joined to the case doesn’t mean the presidency is his or that he is the right candidate. He is just joined so he can be heard that’s all. Truth remains that the conference that elected him was declared null and void. He has to open another case if at all he wants to be declared president which is impossible coz he has no legal credibility for that. So its up to him but since he wanna be heard he will be heard and that’s it..

  8. This case is getting twisted but if Sampa continued pursuing it, he can win eventually. These are things that can come back and bite Lungu and let’s not forget about Khama.

    • We are ruled by the golden rule of the Holy Ghost. Khama can reside in the himalayas. Study law, Miles is off side. he can be heard, because this is as law stipulates. UPND as educated as you claim to be, logic seems a little lacking.

    • So him ignoring a high court injunction is okay with UPND? UPNDF Zambia is progressing without you guys. The rest of us know that PF, MMD even FDD have democratically elected presidents, and HH was not. Convention is beautiful.

  9. Miles you have shown how credible you are, whether you lose in court or not, you are a future president of Zambia,mark my words.

    These are the kid of people Zambia need.

  10. A smart politician knows when they are beat and move on. Sampa has been beat and how he decides to go forward from here will greatly impact his future political career. He currently needs people who will really tell him what he NEEDS to hear other than what he WANTS to hear.

    It takes a real man to accept defeat and move on, with their integrity and pride intact—Al Gore did it! Otherwise he risks turning off a lot of folks who he will need when his time comes. The coy/cold response he got from Chitimukulu concerning his plans to form a political party should be a very BIG WARNING as to how people feel and view him at this moment in time.

    Magnanimity and political foresight at this time is his best friend—not the manipulative political syndicate residing at Bwinjimfumu!

    • Yambayamba
      I totally agree with you. Where have you been.
      The lot on here seem to have very little or no understanding of the court process. Please educate them.

  11. The consent judgement should not be allowed to stand. Mulenga know this. Edgar is an illegal candidate at this point. All roads to Edgars candidacy are paved with illegality. No self respecting Zambian would be willing to sink so low as to accept an illegally imposed president on our nation. What has happened in PF is a travesty.

    • Really, “All roads to Edgars candidacy are paved with illegality.”???

      Could you please explain to me how this is so? And please be factual and not speculative!

    • PF don’t know their own consitituton let alone understand it. Zambians are very peculiar people in that they have a very short memory span. What happened in PF in Kabwe during the General Conference is not normal. PF have just normalised an illegality by the so called reconciliation. The fact of the matter is that the PF GC failed to yield a PF presidential by-election candidate slated for 20-01-2015. These are alarm bells ringing and alerting the general populace of this naive nation that the PF will do anything to try and remain in power. I would not be voting PF because the GC was a fallacy, the party is divided and right now they have just put powder and mascara to hide the deep wounds. They lied about the constitution, sick president, money in pockets, cost of Nshima etc……

  12. Bush Judge Mulenga – the judiciary is compromised. Whatever the case might be Edgar Lungu is not going anywhere – HH plot One come 20th Jan., 2015.

  13. Since UPND cadres think they will win, hurling scorn at the judiciary will make you run to the same judiciary with shameful heads cast downwards come 2015. Dont insult the crocodile before you cross the river.

    • Stupid Jayjay, who makes you think that anyone who writes something against Lungu is UPND? I am not UPND but these judges are useless in the way they are conducting these cases. They are very biased and are using the judiciary to help their relatives score political points. Shame on them!

    • @Voice of reason, it is becoming harder and harder nowadays to distinguish between the rabid-upnd-sycophants and the directionless-Sampa-kiss@sses. You all sound pretty much the same these days. One wonders why?

      I am sure it is NOT about justice or the rule of law that you are after. Because no sane person would tolerate GS and the Bwinjimfumu cartel to disregard the court injunction and try to hijack the process in order to impose their preferred candidate on Zambians. To actually have a country in which a cartel of political operatives can simply wake up one day and feel they have the B@LLS to manipulate the electoral process and impose their will!?—THAT IS WHAT SHOULD BE OF GREAT CONCERN TO YOU AND YOUR KIND—not your made up conspiracy theories about the courts!

  14. Jay jay your PF is making a mockery of our judicial system, this is our judiciary and not PF let me make it clear to you, Lungu shouldn’t even have filed with pending cases, and mind you the case is still very much on and you see people flocking to HH, it’s all because your candidates have unresolved issues, that’s just like Trying to marry a married woman.

    • Yes.

      What’s a recused judge still doing on this case?
      And is it possible that a decision favorable to Mr. Sampa may subsequently be handed down? What then, since nominations (and probably elections) will have taken place and the favorable judgement would have bearing on the PF candidacy?
      They have already made a judgement, and it’s unfavorable. What a stinky judiciary.

      Ireen Mambilima for Chief Justice

  15. I agree with you Mau mau. He should form his own party. He won’t find justice with the current officials in the judiciary.

    • No need to form another party! How many fragmented parties do you want for a small electorate like ours? Miles should just find an established party such as UPND or MMD to join and bring his supporters on board. I think HH should be calling this young man to join up with him. The best thing Miles can do right now is to resign his position in Govermnent and also forfeit his parliamentary seat so that he causes a parliamentary by-election and reclaim the seat under UPND ticket as a UPND member. That will shove the nomination papers into Lungu’s behind.

  16. Why has Edgar Lungu suddenly picked up so many middle names from UPND cadres. Are they getting paid a cow from HH for any new middle name invented? Never seen someone with so many middle names, just to list them

    Vodka, Chakolwa, Muhammad, Kachasu, Mbamba, Tobwa, Katata, Kaminamisa, even the banned Tujilijili, Tot Park and Beer Crate.

    These are more middle names anybody on this planet has ever had. Am sure by election day, this list will reach the roof and EL would be eligible to claim the record for the most middle names ever.

  17. PLEASE SPARE US WITH YOUR UP N DOWN COMMENTS. SAME NAMES i.e- MEI MATUNGU KEEPS ON POSTING HER/HIS DELUSIONED COMMENTS WITHOUT UNDERSTANDING WHAT IS MEANT TO BE JOINED TO THE CASE. THE PROBLEM WITH UPND SUPPORTERS IS THAT YOU FAIL TO USE YOUR BRAINS WHEN MATTERS ARE ON THE TABLE FOR DISCUSSION. YOU ARE VERY EMOTIONAL WHEN DEBATING HENCE MAKING STATEMENTS LIKE CRYING BABIES! PLEASE GROW UP AND BEHAVE LIKE ADULT PIPO!

    • @Ntimbwi, we ask you to first learn the etiquette of blogging and once you are clean then we can invite you to the table for a learned discussion. It’s now imperative that I must say this.. I see that UPND bloggers have a higher education standing than the PF counterparts. It seems to me that UPND is an elitist party that wants to give all Zambians a taste of what it is to be living in the 21st century. Don’t get me wrong, this is a good thing and it should be welcomed by all well meaning Zambians. Just compare the writing styles of bloggers that support PF and the ones that support UPND. You will agree with me that UPND supporter have a sound education with clear and concise points to bring to the fore. There is no shame in asking and no shame in aspiring for a better future. VIVA HH

    • Ba @One Hit fimo fimo, it has been said that “IF WISHES WERE HORSES, EVEN BEGGARS WOULD RIDE.” Your wish that PF/EL supporters be of lower education standards than yourselves in UPND is simply wishful thinking than reality.

      I remember sometime back The Post, yes the POST newspaper your former nemesis, once ran some numbers to try and ascertain this bogus claim that UPND has been paddling for years about how educated they are. And the results were shocking! And I don’t mean just because UPND has fewer MPs in the house than the other two parties. So bwana, your assumptions about other people you don’t agree with are quite simplistic and ch!ld!sh.

      Look, educated people do NOT toot their own horn to get noticed. In fact in ‘Western’ societies this trait is frowned upon!

    • @ 29 Ntimbwi Moomba

      Learn to state your point in a professional way and hold your fire. Or must we start getting worried that you too, like silly judge Mungeni Mulenga, are devoid of a properly functioning brain?

      A full bench of the Supreme Court determined that this hopeless judge had acted in error on the consent judgment. What does that mean to you? Or you don’t care about justice at all as long as it is your drinking mate, Lungu, who is on the winning side?

    • @ 29.1 Patriot Abroad

      “Debate?” What “debate?” This case has gone as far as the Supreme Court. A Kangaroo court would have done a far much better job than what judge Mungeni Mulenga did. She ought to be reprimanded by the public for her impunity. That consent judgment was a disgrace and a miscarriage of justice. No need for further debate.

      You are the first one to complain when it is you or your party who falls victim to this corrupt legal system. But you condone it when it is somebody else. You are just as corrupt, I reckon.

      I don’t know Miles Sampa. He is not a friend or a relative of mine. I have never met him before, nor do I intent to. But I am 100% convinced that judge Mungeni Mulenga acted unfairly and Sampa is a victim of injustice. That’s all that matters.

    • @ 29 Ntimbwi Moomba

      Did you know that judge Mungeni Mulenga and Edgar Lungu are related? Tell me if she didn’t know that when she decided to preside over the “Consent Judgment?”

    • @ 29 Ntimbwi Moomba & @ 29.1 Patriot Abroad

      Edgar Lungu himself is a lawyer by profession. He too ought to have known better regarding judge Mulenga, that they are related. It tell me that Lungu is corrupt too. And yet this is the guy who is running to be president of a country that has declared war against corruption! This is a contradiction to me. Where will corruption be tomorrow, under Lungu’s presidency? You said, you wanted to “debate,” let me hear your views.

    • @@ 29 Ntimbwi Moomba

      Has the learned Ntimbwi Moomba gone fishing already? Or is he a typical PF cadre – more adept at throwing stones and insults than ideas! Please what is your understanding of: “UNDERSTANDING WHAT IS MEANT TO BE JOINED TO THE CASE”?

      Going by the ruling of the Supreme Court in this matter, your immaculate Judge Mungeni Mulenga scored an off-side for Edgar Lungu. Without the signatures of interested parties such as that of Sampa et al, that consent judgment is invalid and a nullity. I will wait to hear what the learned Ntimbwi Moomba thinks as he returns from fishing.

    • Can you pls explain to me what happened in Kabwe and why you think lungu is legal?was pro lungu before Kabwe I feel he dose not care about my vote which am looking for someone to give on 20/1/2015

  18. we tried a Banda & the result was catastrophic, now we want to go for a Lungu & they are all very unruly with no respect for any civilised way of doing things. we are allowing a Phiri anabwela to reverse even the little human progress we have made in Zambia. These people are not yet fit to govern!

  19. May the day when Edgar Muhammad Kachasu Lungu was born be cursed.

    I will be happy if the man dies in a road accident for i hate him as a man secretly practicing Islam.

    It has just emerged that some 2 years ago the man attended the Muslim Holy City of Mecca.
    The man prays five times a day facing the holy city of Mecca.

    I hate Edgar Chibuku Lungu with all my senses.
    I know my views are also shared by 8 million Zambians, the rest sapot him.

    I will also curse an blogger who will oppose my comment.
    just post yo own coment and dont react to mine.
    i thank you.

  20. Most presidents (if not all) were not drunkards at the time they were serving presidents. KK, Chiluba, Mwanawasa, Banda(though not too sure about Banda), & Sata. Surely we can not turn State House into a shebeen. May God grant us wisdom to vote wisely. We want a president who:- will unite Zambia, give Zambians the confidence, the hope of better tomorrow, & the respect in the eyes of the international community. Not the Zambia where RDA is controlled from State House, where RDA has chairman of questionable character for 3 yrs without any board, where RDA, despite handling transactions in billions, has had no audit for 3 yrs. I am very sure some Zambians are stinking rich!! No wonder it is do or die for them in this by-election. So much is at stake for them. Zambians rise and take…

  21. I don’t understand Sampa and I just don’t care any more. I find him tideous and mediocre.

    He has no understanding about politics being about consensus. The media reports on this matter has become contorted. We were given to understand that ALL cases were withdrawn by consent after the reconciliation. I would have thought the only case remaining is the Contempt Prosecutions…….but oh no! Daft Miles must be heard. Guess Hon. Wina did not sue him because she did not want to open a door for him into the case. If they withdraw the case now, they may have to pay his costs! What does he want really?

    Miles has the same factual features as Droopy, the cartoon dog.oooooo, bla, Bla, moan, moan!

    • The case is in the public interest! What patriotism do you have abroad? In the UK you have what is termed as the CPS – Crown Prosecution Service. The job of the CPS is to intervene and bring a case that is in the public interest to be heard with a view to prosecuting the assailants or bring about the right closure to the case. As the judicial system in Zambia is mirrored on the British except for the judge by jury, we have the DPP – Director of Public Prosecution to act act as the CPS. Going to the polls without a clearing up these issues is like having a fraudulent election on the part of PF. They have no candidate at the moment and what has happened is a real travesty of justice on Miles Sampa’s side. All well meaning Zambians should condemn what has happened right in their eyes!

  22. sour grapes, chikubabe!!!! Lungu has every right of becoming president of zambia like any one of you. Some of you are filled with greed, the only reason you are aspiring for HH who mind you you no nothing about, apart that he is a successful business man. A least we know lungu, we know his friends, we know where in drinks from ……., wHHich thing you can not say about your saddist HH.

  23. The good thing about this case is that Miles should should make this judge drink her own poison i.e issuing injunction at 01 hours and refusing to hear applications of other parties.

    Let her conclude the case and let us see how she will finish this case. She has already started looking very stupid. Let her finish the problem she created and let us see how she concludes it.

    Edgar is really criminal going by the way he has behaved. I do not belong to any political because that comprises my judgement to chose a candidate. In my life I have voted for the following candidates:

    Fredrick Chiluba, Anderson Mazoka, Levy Mwanawasa, Michael Sata and this year me and my family are going for HH. So when I denounce Edgar I do so with a free mind and not that of a cadre.

  24. C.Kasonde you can claim that PF kuyabebele in your toilet!for us who have seen massive development across zambia within PF’s 3 years would vote for Edgar Lungu so that PF can continue its good works!ITS OVER FOR MILES SAMPA!

    • Eddy, you are very ignorant. Where on earth have you ever seen a responsible government funding infrastructure development using hard currency debt in a country whose local currency is weakening? Only in Zambia and by PF! This is a scandal. The cost of this infrastructure will be so high in kwacha terms that it will impact government’s ability to deliver on other social services. If you don’t understand this, ask any of your relatives who is an accountant to help remove some ignorance from you!

  25. MMD Chief Bootlicker, I always read your comments. You seen to be rational under the circumstances. Pls continue.. By the way what are the chances for MMD’s Nevers Mumba. Fills us in …

  26. For Mobile Phone Banda, the most significant aspect of one’s life is the tribe that one belong to? Raise your game my brother…

  27. Hahahhaha, the hearing will still be postponed to a later date after 20th January. We are wiring HH on 20th January 2015 and send him to the dustbin of political failures.

    I have never seen such unprincipled people like UPND chaps, chancers all the time! Surely, can Sampa be your savior in this election? Don’t think so…

    Bye bye HH see you in hell.

  28. Could independents like myself have an educated discussion, with wise MMD, FDD, UPND, Heritage etc supporters here. Too many bitter UPND, over zealous PF, disjointed MMD, FDD? and missing Heritage supporters lol.

  29. Its pure corruption!

    Our judiciary has been bought!

    Democracy in PF has failed, again!

    There is no way Vodka will respect the law of the land.

    His ways are clearly crooked.

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