Friday, March 1, 2024

DPP Rejects Private Prosecution of PF President Miles Sampa

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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.

34 COMMENTS

  1. My understanding is that criminal matters take precedence over civil. A criminal matter can’t be stood down to allow a civil one to conclude. If the activities of Miles Sampa are criminal in nature, that can’t be addressed in the civil jurisdiction. Gilbert Phiri has therefore misled himself. I hope he hasn’t joined in the distraction of the Judiciary that we’re seeing. Mumba Malila must quickly come out clean on this matter because there seems to be a very serious assault on institutions of governance. There’s a silent fire burning and my advice to those in charge is that let them not underestimate it. Nipano tuli

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    • Serious lessons from our siamese twin – Zimbabwe. How did he/she end up totally different in “character.” Is it something to do with DNA, environment, food and drinks as well as associates. Of late I have been forced to understand how Zimbabwe has end up being a living hell under the “Satanic ZANU PF.” And they still want to rule, their heads need to be examined! Prisoners in Zambian jails are fare much comfortable than majority Zimbabweans.
      Watch “MNANGAGWA NOW DESPERATE TO TAKE OUT CHIWENGA AND DESTROY CCC TO SAVE HIS OWN LIFE” on YouTube
      Watch “MNANGAGWA NOW DESPERATE TO TAKE OUT CHIWENGA AND DESTROY CCC TO SAVE HIS OWN LIFE” on YouTube

    • Correction —
      Watch “MNANGAGWA NOW DESPERATE TO TAKE OUT CHIWENGA AND DESTROY CCC TO SAVE HIS OWN LIFE” on YouTube
      Watch “What Joshua Nkomo said about Robert Mugabe concerning Gukurahundi” on YouTube

    • Gilbert Phiri is in the pockets of the UPND. @Ayatollah, it is basic law for criminal charges to get precedence but Phiri is just trying to look for excuses. The UPND is operating on the modus of: “the more the delay the more the opposition is disorganised” All Zambians should be concerned that the democratic space is being tampered with-by the ruling party.

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    • @Ayatollah: The constitution of PF is not the constitution of Zambia. PF cannot write rules in their book, that become the basis for crimes. The dispute within PF is civil in nature, regardless of its extent or nature. Nakacinda has no power to charge any Zambian with a crime. He is not a law enforcement officers. The court decided correctly so far, and it should go farther and dismiss the whole suit with prejudice.

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    • @Fresha waku ma ruins: Gilbert Phiri is an employee of the president of Zambia, who the leader of UPND. That is how it works with all civil servants. When you win elections, you will have the right to appoint your own civil servants. The commotion within PF has nothing to do with UPND. Only you delusional fools think that UPND cares about what happens in PF. UPND could arrest the entire leadership of PF on the very legitimate and provable grounds that they looted the assets of the country. You think that they would waste their time pitting on PF member against another? The problem with you is that you always try to blame other people for your problems.

    • When the end is coming, the so-called educated and enlightened become evil and devilish. End of UPND is written with all bureaucrats who are taking evil decisions. Private prosecution for criminal acts shall be allowed and let the courts decide. UPND kawalala.

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    • Check the case of Shoprite Holdings Limited and Shoprite checkers (PTY) Limited V Lewis Chisanga Mosho SCZ NO.40 of 214 which speaks to the subject of criminal and civil matters running in parallel and at the same time.
      The Court confirmed that position and held that criminal and civil matters can run in parallel and at the same time.

    • Kaizar whatever..Dont poison people’s education on governance. “When you win elections, you will have the right to appoint your own civil servants!” No you bloody fool! civil servants arent appointed by politicians. People like you want to bully civil servants into submission and doing the wrong things just because you have power.
      Gilbert Phiri is not an employee of President Hakainde or President Lungu or President so and so or any political party. He is employed by the Civil Service and no president has legal power to interfere with that as he can be succesfully challenged.

  2. That case was going nowhere.
    Simply report the criminal matter to the police instead of privately prosecuting it.
    Acts of desperation by lawyers from the PF ECL faction

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    • Only a person out of his mind would report such a case to the police. They’re giving Sampa a 24/7 protection, would they dare to arrest him?

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    • @Deja Vu: In whose court and on what basis would this private dispute go anywhere? You expect the courts of Zambia to parse through, interpret and implement the jumbled provisions of the PF constitution? Since when, and where, did the provisions of a private constitution have the force of the law? The judges of Zambia are not employed by PF, the prison service of Zambia is not employed by PF. On what grounds should our judicial system be saddled with the expense of upholding the rules of a private political organisation? Zambia has only one constitution, and that constitution alone delineates what crimes are and are not. The constitution of PF is nothing but toilet paper that has not yet been used

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  3. How can any sane citizen even consider voting for a party such as this ?
    they cant even speak with one voice plus 2 years down the line and cant decide who the actual head is

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    • it’s not about voting it’s about enhanced democratic governance. By the way has Oval Head held any election since the infamous a Tonga Must Rule saga. Nay! And none of you has enoughamatole to remind him or challenge him.

  4. The lesson in all this is that when people remain in opposition for too long, they lose their minds. It’s not good to elect such people

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  5. Neither is it any good to bring back a party that encourage corruption and left a huge Debt
    and 2 years later still in disarray

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    • #Tikki… corruption is corruption whether committed by PF or Upnd. Corruption in the Upnd is unprecedented. Unfortunately Hakainde Hichilema has put measures in place that ensure you are arrested if you talk about it. He’s the head of all investigative agencies.
      He’s removed road blocks so that mukula can move freely.

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    • @Tikki you are Right….. PF LEFT A HUGE DEBT and very challenging for the New Dawn Government to handle. But today they want to pretend as if they are angels

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  6. The protection and support this opposition mp is receiving from UPND leadership goes beyond what Nalumango, the VP, or the former republican president ecl enjoys. He even appears to have immunity for prosecution. The new dawn is doing chicken play for thi miles.

  7. We say we have no money to pay creditors, Euro bonds, but we can initiate actions (expelling MPs) that will lead to costly by-elections. And creditors are watching, what are they thinking of us? When debt restructuring deals fail we complain, we forget that the world is watching our behavior. We make costly foreign trips to attract investment but when potential investors see what is going on they wonder whether this is place they would want to invest their hard earned money.

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    • It’s man that taught the lion how to kill a man. People are celebrating the disturbance in the PF today. Tomorrow they will regret having contributed to creating a dictatorship that will trample on their rights. PF is just a party like the Upnd with the function to check GRZ excessiveness. So without checks and balances the Upnd will do whatever they want. We saw it when Unip was destroyed by Frederick Chiluba.
      Sampa is very unprincipled. Sampa worked with the Upnd when he was still in PF government. He’s mentally unstable.

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  8. Is Zambia’s Political and Economic Landscape really attractive for investment? If we can break our own Laws with impunity, what hope is there for foreign investor?

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  9. Road blocks gone to allow free movement of makula ?? that is pure spculation
    Road blocks are famous for backing up traffic what 15 to 30 cars/trucks bumper to bumper this inturn leads to reckless driving further down the road .. public out cry about lunch money has also contributed to its removal
    it will be monitored over the xmas period..
    Will logic ever prevail on here ??

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    • @Tikki you argue even when you know that we’re saying the truth. 2026 you will cry political persecution even when you were warned.
      By the way do you know how many foreigners are picked out at the Sabina road block? If you knew you would appreciate the importance of that roadblock.

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  10. Economics and politics are sisters. When one nose dives the other crumbles. The victim is the currency. ZMK25 to the $. In the end were are all losers. Zambia In The Sun.

  11. It seems the courts,ecz, dpp, police ,most institutions of govt have lost direction.its like non existence..sampa getting away with forgery!

  12. Also Check the case of Shoprite Holdings Limited and Shoprite checkers (PTY) Limited V Lewis Chisanga Mosho SCZ NO.40 of 214 which speaks to the subject of criminal and civil matters running in parallel and at the same time.
    The Court confirmed that position and held that criminal and civil matters can run in parallel and at the same time.

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