The Constitutional Court has granted Patriotic Front (PF) faction leader Miles Sampa permission to join proceedings in a case seeking to declare the Matero parliamentary seat vacant.
However, the court declined to include his deputy secretary general, Hazel Kapeta, citing a lack of official recognition as a party office bearer.
The case was brought by the other PF camp Secretary General Morgan Ng’ona, who contended that the expulsion from the PF renders his Matero seat vacant. The Attorney General is named as a respondent.
In his ruling, Justice Arnold Shilimi stated that Sampa demonstrated sufficient interest in the matter as the elected MP for Matero, and his participation would allow the court to comprehensively address the petition.
Conversely, Kapeta’s application was rejected as she did not appear in the Registrar of Societies’ official records as an office bearer for the PF.
The court referenced a precedent set in the Chipa Chibwe v. Lusaka City Council case, emphasizing that formal recognition of party officials requires registration with the Registrar of Societies.
Without such documentation, the court ruled that Kapeta lacked the legal standing to join the case.
The court warned against allowing multiple joinder applications without official documentation, stating that it could delay proceedings and increase costs for petitioners.
Justice Shilimi therefore granted Sampa’s application to join as the second respondent while dismissing Kapeta’s request.
