By PERPETUAL SICHIKWENKWE –
PATROTIC Front (PF) secretary general, Davies Chama has described as misplaced and misconceived an application by Matero Member of Parliament (MP) Miles Sampa to stay the execution of a consent judgment that declared Justice and Defence Minister Edgar Lungu the sole presidential candidate of the PF for the January 20, 2015 Presidential Election.
Meanwhile, Mr Chama has raised preliminary issues asking the court to determine whether or not Mr Sampa, Kasama Central MP Geoffrey Mwamba and former High Commissioner to Nigeria Selemani Banda Phangula are properly before court with an ex-parte application to stay a consent judgment before they are made parties to the action.
Mr Chama has charged in his affidavit in opposition to the affidavit in support of summons to stay the execution of the consent judgment, that he signed the consent judgment on behalf of the PF after being instructed by the Central Committee which is a policy making organ.
He submitted before Judge Mungeni Mulenga that the consent judgment being questioned by the trio was duly and lawfully executed and was in no way detrimental to intending interveners.
Mr Chama reiterated in his submission to the court that Mr Lungu, who is Chawama MP, was in order to campaign as PF president in the fourth coming elections.
He said that Mr Sampa, Mr Mwamba and Mr Phangula were not yet interveners, as they were referred to in the affidavit but were intending interveners.
Mr Chama said that the application by the three to have the consent judgment stayed is designed to disadvantage the duly elected candidate Mr Lungu in the fourth coming election.
In his notice to raise preliminary issues, Mr Chama wants the court to decide whether or not Mr Sampa should be heard before he purges his contempt currently pending before court.
Mr Chama also wants the court to determine whether or not a stay of execution of consent judgment was tenable by law.
Ms Justice Mulenga is today expected to hear all the applications before her and set a date of ruling.