By Agness Changala
Patriotic Front (PF) secretary general has sought Judicial Review in the Lusaka High Court to challenge the Director of Public Prosecution (DPP)’s refusal to grant his lawyers consent to privately prosecute Miles Sampa and Morgan Ng’ona for alleged impersonation and fraud offences.
Nakachinda is seeking an order that the grant of leave should operate as a stay of all acts and further proceedings in pursuance of this matter to which this application relates.
He also wants the court’s direction that the hearing of the application for judicial review be expedited.
Nakachinda has also requested for an oral hearing of this application before a judge.
Apart from reliefs sought, the applicant is seeking a declaration that the decision of the DPP dated December 5, 2023 to refuse his lawyers consent to privately prosecute the matter is null and void.
He is also seeking an order to quash the decision of the DPP.
Nakachinda also wants to compel the DPP to re-consider his decision in accordance with the law.
According to an affidavit in support of ex-parte summons for leave to commence Judicial Review, Nakachinda submitted that Sampa while on suspension and without authority on October 24, 2023 held an illegal extra ordinary convention at Mulungushi International Conference Centre and purported that the PF had held a General Conference at the said venue.
He stated that at the said illegal extra ordinary general conference, elections were held and Sampa was purportedly elected as President and Morgan Ng’ona as the secretary general of PF.
Nakachinda stated that after this convention, Sampa and Ng’ona jointly and whilst acting together as president and secretary general respectively submitted purported minutes on a foreign letter head to the Registrar of Societies requesting for the change of names of PF office bearers.
He stated that on October 25, 2023, he wrote a letter to the Lusaka Commanding Officer, Central Police to report about the fraudulent documents attempted to be filed at the Registrar of Societies by Ng’ona, an agent of Sampa.
Nakachinda stated that Sampa and Ng’ona had on several occasions attempted to lodge documents at the Registrar of Societies with a view to change office bearers.
“That it is against that background of fraudulent acts done by Miles Sampa and Morgan Ng’ona that on 27th October, 2023, I filed a complaint relating to criminal proceedings in the Subordinate Court of Zambia,” he stated.
Nakachinda submitted that since all criminal proceedings in Zambia were prosecuted by the DPP or someone with express consent from the DPP, on November 28, 2023, his lawyers wrote a letter to the DPP seeking permission to conduct private prosecution on the matter involving Sampa.
The PF boss stated that on December 5, 2023 he received a letter from the DPP through his lawyers where the DPP refused to grant consent to prosecute the matter because there was a civil matter before court bordering on the same subject.
Nakachinda said he had been advised by his lawyers that the decision of the DPP to refuse to give permission to conduct private prosecution could be challenged and questioned through Judicial Review.
He stated that the reasons advanced by the DPP were not reasons at all as the law does recognize that criminal matters and civil matters can run in parallel and at the same time.
Nakachinda submitted that the DPP did not invite him nor his lawyers on record to review the evidence or even engage in a discussion about the matter.
He stated that he had lodged complaints against the Ng’ona and Sampa and the state had not done anything about it.
Nakachinda said the accused persons were behaving in the manner they are as they have backing from the State and the actions of the DPP seem to confirm that position.
He stated that the only place where solace can be sought under the circumstances would be the Courts.
Nakachinda said this state of affairs presents a ripe situation for the Courts to inquire into the decision making process as well as decide whether to quash the decision of the DPP or not.
“That I am advised by my advocates and verily believe the same to be true that granting the applicant herein leave to commence judicial review proceedings will not prejudice the Respondent but the interest of Justice will be served,” stated Nakachinda.
