LUSAKA High Court Judge Timothy Katanekwa has granted Patriotic Front(PF) presidential candidate Miles Sampa an interim injunction halting his suspension from the party pending hearing of a court case.
Judge Katanekwa has also restrained PF acting president Given Lubinda and acting secretary general Nickson Chilangwa from holding themselves in those positions until final determination of the lawsuit against them.
The Judge has also granted an order restraining Mr Lubinda and Mr Chilangwa from defamation or innuendos against Mr Sampa, a member of the Pf central committee.
This is according to an ex-parte order of interim injunction granted to Mr Sampa yesterday.
Mr Sampa has rushed to the High Court to challenge the PF’s decision to suspend him from the organisation founded by his uncle, the late fifth President Michael Sata.
The former deputy Minister of Finance has also sued Mr Chilangwa and Mr Lubinda for slander and libel and has accused dual of illegally holding office.
The lawsuit comes barely a week after Mr Lubinda announced that Mr Sampa was on suspension of Mr Sampa for allegedly issuing demeaning statements against his fellow party members by allegedly attacking some of his fellow presidential aspirants at a press briefing last Friday.
Mr Lubinda said during his suspension, the Matero Member of Parliament is barred from attending or participating in any party functions including meetings that shall be called by his fellow Members of Parliament.
Unhappy with the move, the former Lusaka Mayor had field a lawsuit citing Mr Chilangwa and Mr Lubinda as first and second defendants.
The plaintiff wants the court to declare that the defendants’ decision to suspend him as member of central committee is invalid and should be annulled for being procedurally improper and a breach of the rules of natural justice.
He further seeks damages for slander and libel and an injunction restraining the defendants and their agents from suspending or expelling him.
Mr Sampa also seeks an order of injunction restraining the defendants from holding themselves in their positions until final determination of the matter, which the Judge granted yesterday later afternoon.
“The plaintiff seeks an order that having no president and secretary general of the party proceed to immediately hold a general conference to elect leaders to file up the vacant positions under the joint leadership of the central committee,” the document reads.
Mr Sampa submits that his suspension, without a disciplinary hearing, was made in bad faith because he was not charged and neither did he appear before a disciplinary committee.
“The actions by the defendants has not been made in good faith but it is a ploy to prevent him from participating in the general conference slated for March 2023,” the document reads.
Mr Sampa also wants the court to order the defendants to immediately hold a general conference to elect leaders to file up the vacant positions.
The court has set February 16,2023, as date for hearing of the case.