CAROLINE KALOMBE, Lusaka
Patriotic Front (PF) secretary general Davis Chama has contended that the application by presidential hopeful Miles Sampa to stay execution of a consent judgment delivered by the High Court to declare Minister of Justice Edgar Lungu as president of the party is misconceived.
And Mr Chama has asked the court to determine the legality of challenging the judgment when the intended interveners have not been made party to the proceedings.
According to an affidavit in opposition to summons to stay execution of a consent judgment filed in the High Court, Mr Chama said that not staying the execution is not detrimental to Mr Sampa.
Mr Chama said Mr Sampa, Kasama member of Parliament (MP) Geoffrey Mwamba and former diplomat Salemani Phangula cannot challenge the consent judgment because they are not yet parties to the case, making the application misplaced.
He said according to the PF central committee and general conference held on November 30 this year, Mr Lungu is president of the party and candidate for the January 20 elections.
Mr Chama said the consent judgment was signed after consultation with the PF central committee and general conference which is the policy organ of the party.
He argued that the consent judgement was duly and lawfully executed by the High Court and cannot be said to be a claim.
He said the entire general conference attended by Mr Sampa and other party cadres was made null and void by an injunction.
Mr Chama said in the election of Mr Sampa only showed that he received the highest number of votes but he was not declared president as demonstrated by returning officer Germano Kaulungâ€™ombe.
Mr Chama charged that the application to stay the consent judgment is aimed at disadvantaging Mr Lungu in the forthcoming election and that those who want to intervene have no basis to argue if the case is heard in the High Court.
And Mr Chama has asked the court to determine whether Mr Sampa and the two other intended interveners are properly before the court with an ex parte order to stay a consent judgment before they are made parties to the action.
He added that he wants the court to determine whether Mr Sampa should be heard before he purges his contempt currently before the court.
Mr Chama also wants the court to determine whether a stay of execution of a consent judgment is tenable by law.
The case comes up tomorrow for inter-parte hearing.
CAROLINE KALOMBE, Lusaka