Lusaka Magistrate Keegan Litiya has upheld his decision that the complaint against PF President Miles Sampa, filed by Raphael Nakacinda, is a non-starter. Nakacinda had sought the High Court’s intervention to determine whether Sampa’s relationship with the Director of Public Prosecutions (DPP) would impact the fairness of the trial.
Nakacinda has persistently attempted to have Sampa and PF Secretary General Morgan Ng’ona prosecuted on charges of forgery, attempted commission of an offense, and perjury. However, the Director of Public Prosecutions, Gilbert Phiri, declined to authorize the prosecution, citing his acquaintance with Sampa.
Magistrate Litiya, while maintaining his stance, reiterated that no law permits a court to review its decision in a criminal matter. This decision came despite dissatisfaction from Nakacinda’s lawyer, Jonas Zimba, who sought a review of the court’s dismissal of the complaint.
Zimba argued that the case should be referred to the High Court to address the constitutional question of whether Nakacinda would receive a fair trial, considering the DPP’s refusal to grant consent and his acknowledged friendship with Sampa.
“The question being a constitutional question is brought pursuant to Article 28(2) of the constitution,” Zimba stated. “The DPP wrote a letter declining to grant consent in a matter involving private prosecution; we contended that the procedure is alien and not known at law. We have brought it to your attention that Miles Confirms that the DPP is his personal friend.”
In response, Magistrate Litiya maintained, “I do not have authority to pronounce myself on it again. I still stand on my earlier decision; the matter still stands dismissed, and the only recourse is by way of appeal.”
This ruling further solidifies the court’s position that the case against Miles Sampa lacks legal standing. Despite Nakacinda’s persistent efforts, the legal proceedings against the PF President and Secretary General remain halted, with the court emphasizing the need for any further action to be pursued through the appellate process.
The Magistrate is correct, he can’t review his own judgement. In the ConCourt, the judges are about to revisit their own judgement in the petition against ECL’s eligibility. Let’s wait and see
@Ayatollah: Supreme Courts have the power of clarifying and rectifying any court decisions including their own. In the US, the Supreme Court reviewed and reversed the landmark decision in the abortion case “Roe vs Wade”, which it delivered 50 years before. The Supreme Court by nature is the only court allowed to review its own rulings. In the case of Edgar “Johnathan Mutawire Chagwa” Lungu’s attempt at a 3rd term, the venal judges in that case, motivated alternately by threats and financial inducements, issued a scandalous and outrageous decision. Those judges were appointed only on a tribal basis by Satan and Lungu. That decision will be corrected by the current court, which was appointed on merit and a nationally representative basis
Kangaoo court. Sold out judge. Coward judge. Political cadre DPP. Zambia is cursed. There is no rule of law. Eunuchs dance.
Zambia and Zimbabwe playing same politics.
Zambia have Sampa(Fighting for PF) ….Zimbabwe have Tsenzo(Fighting for CCC)
Interesting times
Even Malawi same thing Chakwera is dismantling the opposition
@Anonymous: Just because it is happening Malawi does not mean it is happening in Zambia. Lungu ascended to the PF presidency by the violent hacking of the supporters of his opponent (Sampa) with pangas, by his bloodthirsty thugs. He ruled by the violence of his thugs who terrorised the markets and the bus stops. The current fighting by PF is reflection of their nature. Of course when you motherfakas give each other gonorrhoea, you blame HH. You die in the process of stealing, you blame HH for not making the place you are robbing safer. When Kaizer “Kalya Nyoko” Zulu fails to get it up, he blames HH
I have noticed that all of a sudden we spending alot of time in courts….the opposition and the ruling party…so my question is when are we going to find time and brainstorm how to grow our economy if we are in court 24/7 ????….today is Sampa. ..tomorrow its Lubinda. ..Kambwili….Esther Lungu etc….so the opposition leaders have no meaningful employment….where do they get the money if they spend 5 working days in court???
Where is the ruling thugs of UPND get money to destroy opposition parties? 2026 will turn the tide, sold out judges and thugs of UPND will be dancing in courts.
We are looking forward to the 2026 lections, let those with court matters in their parties continue appearing in courts while days are drawing near – PF political entertainment
Killian Mbappe is a lethal striker. 4 goals in a split second. Nakachinda is pleading with ref to watch the VAR screen again. Nakachinda is claiming offside against Mbappe but VAR shows that he was onside when he scored all the 4 goals. The scoreboard still reads Raphael Hijacker Nakachinda’ s Panga Family 0:4 Kylian Mbambe’s rebranded PF. 5 minutes injury time will be added at the end of the 90. More popcorn please.
The magistrate court, high Court and court of appeal have no right to revisit their own decisions whether Right or wrong. The only recourse is to appeal to the higher court. However, The Constitution Court and The Supreme Court have the power to revisit their own decisions and vacate their earlier decisions If there is a compellable reason to do so, but it’s on a few case’s The Supreme Court vacated their own decisions due it being bad at law.
Even The Constitution Court vacated their own decision in 2016 presidential petition and it must be a full bench
Nonsense. Hh is using this retarded small boy
@Ayatollah
The ConCourt revisted its judgment on Ministers illegally staying in office despite being a court of final jurisdiction.
So the ConCourt set a precedent on itself. They have little choice but to revisit the ECL eligibility case.
Caught up in their own web.
Huuule
You are very much correct Dear
your comment is as beautiful as yourself
Didn’t the Ministers pay back the money?
Mweetwa is hammering this ka independent girl.
One day, it may be 5, 10, 15 0r even 20 years from now. Some people will cry over this Mulungushigate Scandal. Worse still it comes at a time when you’re just about to start enjoying your retirement and the money you made from this scandal. Records live a paper trail, one day someone will pick it up when you least expect it.
Put all of thugs in jail with Thier father lungu. Problem solved
While these hungry croked hyenas were looking up and waiting for lungu to release stolen money………
Miles sampa took over a rudderless leaderless PF………
They got dribbled, undercut and outplayed………
Fredrick Chiluba changed the constitution in order to bar Dr Kenneth Kaunda from standing in the presidential election on account that his parents and their parents were not citizens of Zambia.
Aka asked the court to nullify the election of Frederick Chiluba because his parents were not citizens of Zambia and that he Chiluba was not born in Zambia.
The court ruled that anyone who was found in the country at independence in 1964 automatically became a Zambian.
So where did independence find Dr Kenneth Kaunda?
What I am saying is that our judges are political maggots… the follow where the meat is rotting nicely.