The Patriotic Front (PF) faction led by Secretary General Morgan Ng’ona has reiterated its stance that Matero Member of Parliament Miles Sampa was expelled from the party and that his seat should be declared vacant by the Constitutional Court.
Ng’ona dismissed Attorney General Mulilo Kabesha’s argument that the Constitutional Court lacks jurisdiction to determine his petition.
In his affidavit, Ng’ona argued that Sampa had not challenged his expulsion from PF, making it legally binding and paving the way for the Speaker of the National Assembly to declare the seat vacant.
He asserted that the PF’s constitution grants the central committee the authority to enforce discipline, which includes expelling members.
Ng’ona maintained that Sampa’s purported dissolution of the central committee on June 30, 2024, was null and void, and that an acting president, Robert Chabinga, had been appointed in accordance with party regulations.
“The petitioner, in a bid to involve the Speaker of the National Assembly to have the seat declared vacant, received no information. Sampa, according to his decision to dissolve the central committee, means that he also dissolved himself, and an acting president in the name of Robert Chabinga was appointed. As the SG, I hold such power as the chief executive officer of the party,” Ng’ona stated.
According to Ng’ona, the Speaker is constitutionally mandated to declare the seat vacant as per Article 72 (5) of the Zambian Constitution.
He emphasized that since Sampa has not legally contested his expulsion, he remains an outsider to PF and does not hold any official position within the party.
Deputy Clerk of the National Assembly Stephen Kawimbe stated that the Speaker acted in accordance with the law by not declaring Sampa’s seat vacant. He noted that the Speaker received notification of Sampa’s expulsion on July 3, 2024, but also received legal correspondence on July 15, 2024, indicating that Sampa had filed a defense and counterclaim against his removal as PF president.
The National Assembly rejected Ng’ona’s request on July 30, 2024, and again on November 14, 2024, citing an ongoing case before the High Court.
The Attorney General further argued that no evidence had been provided to show any constitutional violation requiring the seat to be declared vacant.
