Africa-Press – Zambia. Lusaka Magistrate Keegan Litiya has upheld his decision that the complaint against PF President Miles Sampa, filed by Raphael Nakacinda, is a non-starter. Nakacinda had sought the High Court’s intervention to determine whether Sampa’s relationship with the Director of Public Prosecutions (DPP) would impact the fairness of the trial.
Nakacinda has persistently attempted to have Sampa and PF Secretary General Morgan Ng’ona prosecuted on charges of forgery, attempted commission of an offense, and perjury. However, the Director of Public Prosecutions, Gilbert Phiri, declined to authorize the prosecution, citing his acquaintance with Sampa.
Magistrate Litiya, while maintaining his stance, reiterated that no law permits a court to review its decision in a criminal matter. This decision came despite dissatisfaction from Nakacinda’s lawyer, Jonas Zimba, who sought a review of the court’s dismissal of the complaint.
Zimba argued that the case should be referred to the High Court to address the constitutional question of whether Nakacinda would receive a fair trial, considering the DPP’s refusal to grant consent and his acknowledged friendship with Sampa.
“The question being a constitutional question is brought pursuant to Article 28(2) of the constitution,” Zimba stated. “The DPP wrote a letter declining to grant consent in a matter involving private prosecution; we contended that the procedure is alien and not known at law. We have brought it to your attention that Miles Confirms that the DPP is his personal friend.”
In response, Magistrate Litiya maintained, “I do not have authority to pronounce myself on it again. I still stand on my earlier decision; the matter still stands dismissed, and the only recourse is by way of appeal.”
This ruling further solidifies the court’s position that the case against Miles Sampa lacks legal standing. Despite Nakacinda’s persistent efforts, the legal proceedings against the PF President and Secretary General remain halted, with the court emphasizing the need for any further action to be pursued through the appellate process.
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