![[...]](https://secure.gravatar.com/avatar/9cad33b85e99b552b548e6ddd6afed37ad443a048e65e6ca5580ba0bef491764?s=120&d=mm&r=g){kind=avatar}
By Dr Silwamba Emmanuel, LLB (UNZA)
As a lawyer in Zambia, I’m deeply concerned about the judiciary’s handling of the Patriotic Front (PF) leadership wrangles. The ease with which Miles Sampa’s faction obtains court injunctions, despite allegedly violating PF’s Constitution on 24Th October 2024, raises questions about judicial impartiality and independence.
The Constitution of Zambia guarantees judicial independence and separation of powers, emphasizing that the judiciary shall be free from inappropriate or unwarranted interference. However, the courts’ actions in this case seem to favor Sampa’s faction. Miles Sampa has been granted an injunction restraining Mr. Chabinga from acting as President, and another injunction was issued restraining Sampa from firing Mr. Ng’ona as Party Secretary General.
According to article 52 of the Patriotic Front party on the election of a Party President, the election process involves several steps, including candidate nomination, approval by the National Council, and voting by delegates at the General Conference. Candidates must meet specific eligibility requirements, such as being a member of the party for at least five years and meeting the Constitutional requirements for the President of Zambia.
This is despite the fact that Sampa’s faction allegedly violated PF’s Constitution on electoral conferences. Article 60(2)(d) of the Republican Constitution states that a political party shall promote and practice democracy through regular, free and fair elections within the party. The PF Constitution outlines the party’s philosophy and guidelines for internal elections, including provisions for leadership elections.
The PF leadership wrangles have significant implications for Zambia’s democracy. As the largest opposition party, PF’s survival is crucial for checks and balances. Targeting PF to maintain power undermines democracy and raises questions about the 2021 election results. The Presidency should realize that PF is the largest opposition political party and it is in the best interest to protect it, even out of hate.
In fact, research has shown that Governments in Zambia, and elsewhere have performed better with a formidable opposition political party in place.
The UPND, on the other hand, seems to think it favours them to kill the opposition political Parties, forgetting the biggest opposition, the Zambian people who are capable of removing and replacing anyone whenever their interests are not represented.
Therefore, it is essential to recognize the importance of an independent judiciary in safeguarding democracy and ensuring that political parties adhere to their constitutions and the laws of Zambia. The judiciary must redeem itself by resolving the PF leadership wrangles impartially, ensuring that justice is served.
What we are seeing is gross impartiality by the judiciary, total biasness by the Judiciary and a clear violation of the Republican Constitution. This biasness has to end, as a matter of urgency.
The original and legitimate owners of PF had gotten an injunction from judge Chocho but she decided to discharge her own injuction two days later after pressure from state house. This left Miles Sampa with the authority of throwing the party from one end to the other, including expelling the members of Parliament, acting as PF President, expelling his own Secretary General and others. Had the courts resolved this matter, this issue would have not escalated to where it is now, for God’s sake, Zambia is a democracy. We may not like the PF because of how it had mishandled some national issues, but PF is a necessary evil. Zambia needs a stronger PF for the voice of reason to be retained.
A few moments ago, Hon. Chabinga despite the court injunction against him acting as PF President has announced that he has taken over the party. This is in direct breach and violation of the court ruling, and a slap on the face of the judiciary. The judgement was clear and Mr. Chabinga can only act like that with the backing of the Executive and the Preaidency. We are waiting to see what the courts will do as Mr. Chabinga urinates on the judgement. We cant sit and watch this country beung made into a lawless country. This is unfortunate.
Ultimately, the Zambian people are the largest opposition and can dislodge anyone from power. The ongoing PF leadership wrangles are not just about elections or about 2026; they are about functional democracy.
Zambia must defended!!!!!
