The Director of Public Prosecutions (DPP), Gilbert Phiri, has dismissed an application for the private prosecution of Patriotic Front (PF) President Miles Sampa in the Magistrate Court. The allegations against Mr. Sampa include impersonation and forgery.
Lusaka Magistrate Keegan Litia, acting on the decision of the DPP, subsequently dismissed the summons against Mr. Sampa. The development was communicated to Raphael Nakacinda’s lawyer, Jonas Zimba, who represents the PF faction.
In the letter addressed to Makebi Zulu and Company, the legal firm representing the PF faction, DPP Gilbert Phiri explained that he could not grant the application due to ongoing civil proceedings related to the PF leadership dispute before the High Court. The DPP asserted that proceeding with a private prosecution in the Lusaka Magistrate Court would amount to an abuse of the court process.
Magistrate Litia, however, has reserved December 12 for a ruling on Jonas Zimba’s application to review the decision. Zimba has requested the court to reconsider its decision until the DPP personally appears in court to discharge the accused.
The legal dispute revolves around a case where Nakacinda has accused Sampa of impersonation by presenting himself as PF President. Additionally, Nakacinda, jointly with PF Secretary General Morgan Ng’ona, has accused Sampa of forgery. They allege that Sampa and Ng’ona used an inauthentic letterhead when submitting the names of new PF office bearers to the Registrar of Societies.
The rejection of the private prosecution by the DPP adds a layer of complexity to the legal battle surrounding the PF leadership dispute, prompting further legal considerations as the case unfolds.