A Kitwe resident, David Chanda has asked the Lusaka High Court to dismiss a matter in which former Matero Member of Parliament (MP) Miles Sampa’s Democratic Front (DF) is challenging Government’s decision to revoke and cancel the registration of DF.
Mr Chanda has submitted that he is still the DF president and Morgan Ng’ona is not the secretary general (SG) of DF.
But Mr Ng’ona has urged Lusaka High Court Judge Judy Mulongoti to uphold leave to apply for judicial review it granted to him, saying he is DF secretary general competent to commence the action.
Mr Ng’ona is challenging Home Affairs Minister Davies Mwila’s decision to revoke and cancel the certificate of registration for DF alleging that its unreasonable and illegal, as the minister acted in excess of his powers.
Ms justice Mulongoti has since granted Mr Ng’ona leave to apply for judicial review but the State has asked her to discharge it arguing that Mr Ng’ona had no right of claim because he is not the SG of DF.
Mr Chanda has also come to the defence of the minister by alleging that he is still the president of DF and he has been one from the time the party was formed.
Mr Chanda said he has not at any given time relinquished his position to anyone and records at the Registrar of Societies to date indicate that he together with others he formed the party with registered trustees and office bearers of DF.
He, however, told the court that when he learnt of an action by Mr Ng’ona who is purporting to be the DF SG and he made a search at the Registrar of Societies which revealed that there was an attempt to register a document purporting to be a notice of change of office holders in DF.
Mr Chanda said the document has a signature signing off on the changes which has been attributed to him but he has no recollection of ever signing the same.
He said that the record of the registered office holders indicates that Adwick Nyendwa is the SG of DF while the purported notice of change of office holders whose authenticity is questionable indicates that it had been changed to that of Bridget Atanga.
Mr Chanda said that considering that the records do not indicate Mr Ng’ona as DF SG, his action is wrongly before court and as such, he has no locus standi.
Mr Ng’ona also insisted that he is the DF SG and that Mr Nyendwa is no longer the holder since he vacated the position.
He said that it is the acting Registrar of Societies who has prevented the DF from updating its records to reflect the current office holders and her action has resulted in contempt proceedings against her pending before court.
Mr Ng’ona further submitted that Namakau Kaingu resigned from her position in 2015.
Ms Justice Mulongoti adjourned the matter to March 29, 2016 for hearing of the main matter while she would on Tuesday hear the application for contempt against the acting Registrar of Societies.