secretary general Raphael Nakacinda has sued faction PF president Miles Sampa, challenging the legality of the PF Extra-Ordinary General Conference held in October 2023, which elected the latter as president.
In this lawsuit, Mr Nakacinda has appealed against Lusaka High Court judge Conceptor Zulu’s decision to rule that the October 23 conference which elected Mr Sampa was legal.
In the judgment rendered on March 27, 2026, Judge Zulu ruled that the conference October 24, 2023 conference was valid on the basis that the PF had no Central Committee at the time.
After that same conference, Mr Sampa later appointed Robert Chabinga as leader of the opposition and Morgan Ng’ona as secretary general.
But Mr Nakacinda has gone to the Court of Appeal arguing that the judge erred in both law and fact when she ruled that the conference was legal.
In his court documents, Mr Nakacinda said the trial judge made a wrong finding by holding that the PF Central Committee had ceased to exist, despite provisions in the PF Constitution which, according to him, provide for continuity of office, internal control and the filling of vacancies.
Further, the outspoken politician argues that the court failed to properly consider the full evidence that was before it when coming to the conclusion.
He also submits that Mr Sampa himself admitted that the October 24, 2023 meeting was not a General Conference, as required under the PF Constitution.
Mr Nakacinda stated that there was no credible evidence to prove that the meeting was lawfully constituted, including proof of delegates, attendance registers and other supporting records.
He explained that the Matero Constituency lawmaker had no legal authority to unilaterally convene the conference.
“The learned trial judge erred in law and in fact in finding that the Central Committee of the Patriotic Front Party had ceased to exist at the material time, and that the members present did not constitute a Central Committee, thereby disregarding the Party Constitution relating to continuity of office, internal control mechanisms, and the filling of vacancies, ”
Mr Nakacinda also said the judge wrongly limited her interpretation to Regulation 67 while leaving out other important provisions of the PF Constitution.
He argued that the court erred in holding that the Constitution did not provide for a situation where both the party president and secretary general resign.
Mr Nakacinda wants the Court of Appeal to annul the judgement because allowing the judgment to stand would result in a miscarriage of justice.
