THE State has asked the Lusaka High Court to discharge leave to apply for judicial review granted to Miles Sampa’s Democratic Front (DF) challenging Home Affairs Minister, Davies Mwila’s decision to revoke and cancel the registration certificate for his political party.
Assistant senior State advocate in the attorney general’s chambers Mubanga Kalimamukwento has submitted to the court that according to records, Morgan Ng’ona who sued on behalf of DF is not the secretary general of the party.
Mr Ng’ona in his capacity as secretary general of the DF is challenging Mr Mwila’s decision to revoke and cancel the certificate of registration of the DF alleging its unreasonable, illegal, as the Minister acted in excess of his jurisdiction.
He wanted the court to declare that Mr Mwila did not have the discretion to revoke and cancel the registration of a political party on the basis of internal discord of the party as the same is in excess of his jurisdiction.
However, Mr Kalimamukwento asked the court to discharge the leave to apply for judicial review granted to the DF.
He stated in his affidavit in support of summons for an order discharging leave to apply for judicial review that Mr Ng’ona, the applicant in the matter purports to be the secretary general of the DF.
Mr Kalimamukwento said that the register at the Registrar of Societies under which the DF was registered did not indicate Mr Ng’ona ‘s name as the secretary general but that of Adwick Nyendwa.
He said that on January 20, 2016, another DF member Namakau Kaingu also wrote to the office of the chief registrar at the Registrar of Societies purporting to be the secretary general of the DF.
Mr Kalimamukwento said it was for this reason that he was asking the court to discharge the leave granted to DF to commence judicial review proceedings.
Hearing continues today.
Meanwhile, in another matter, the Lusaka High Court has refused to grant PF secretary general Davies Chama leave to apply for judicial review to challenge the decision of the Registrar of Societies to refuse to cancel the registration of the DF and use of the name similar to that of PF.
Judge Nicola Sharpe-Phiri said in her ruling yesterday that Mr Chama’s case was not fit for further investigations.
Ms Justice Sharpe-Phiri said she was not satisfied that Mr Chama had sufficiently demonstrated that the action of the Registrar of Societies and Attorney General Likando Kalaluka was unreasonable that no other person properly directing himself on the law could have had arrived at that decision.
Mr Chama had dragged the Registrar of Societies and Attorney General to court to compel them to cancel the registration of the DF party arguing it has a name similar to that of the ruling party.
He had argued that the name is likely to deceive the public who may not be able to distinguish between PF and DF.
Mr Chama wanted the Lusaka High Court to declare that the decision of the Registrar of Societies to allow the registration and use of the name DF which so nearly resembles the name of PF is likely to deceive.