By GRACE CHAILE LESOETSA
THE Patriotic Front (PF) has been granted leave to appeal in the Court of Appeal against the High Court’s decision to throw out the case in which it protested the harassment of its members by the investigative wings.
This is according to an exparte order granted by Lusaka High Court Judge Charles Kafunda.
“Upon hearing counsel for the plaintiff and upon reading the affidavit filed in support of exparte summons for leave to appeal to the Court of Appeal, it is hereby ordered and directed that leave to appeal against the ruling dated June 8, 2022 be and is hereby granted and costs of this application be in the cause,” read the order.
PF through its secretary general Nickson Chilanga, sought leave of the Lusaka High Court to challenge in the Court of Appeal the dismissal of the matter by Justice Kafunda.
Mr Chilangwa argued that Justice Kafunda erred in law when he dismissed the action by holding that the action should have been commenced by way of a petition.
He contended that the Judge erred when he held that the actions for the protection from infringement of fundamental rights are supposed to be brought pursuant to Article 28 of the Constitution of Zambia overlooking the position that the practice and procedure for commencement of proceedings is determined by the relevant statute and not by the reliefs sought.
In a statement of claim, Mr Chilangwa said that the members were being threatened by DEC with prosecution if they did not disclose the source of campaign funds.
PF was claiming that Government pays it damages for intimidation and harassment of its members.
The party also sought damages for misrepresentation and defamation of character following allegations by DEC that the PF’s source of fund was linked to money laundering.
PF wanted a declaratory order not to compel it to disclose the source of funding for the elections.
And sought an order that the High Court declare that funding of the general elections is not money laundering. The Attorney General was cited as defendant in the matter.
But the State accused PF of attempting to circumvent criminal investigations using civil proceedings and urged the Court to dismiss the case.
Author
