THE Given Lubinda led Patriotic Front (PF) has been restrained from holding an elective convention.

Kabwe High Court restrained Mr Lubinda led PF from holding an elective convention pending determination of a lawsuit filed by PF secretary general Morgan Ng’ona.

In the main case, Mr Ng’ona, the PF secretary general, had asked the court to grant him an injunction preventing the faction PF group from holding themselves are party leaders.

In his ruling, Judge Kelvin Limbani upheld an earlier injunction which ordered Lundazi lawmaker Brenda Nyirenda from holding herself as PF acting secretary general or holding an elective convention.

Ms Nyirenda, who is from the Given Lubinda led PF, has also been restrained, together with her agents, occupying the PF secretariat, using party materials and holding meetings.

The order was granted pending determination of a PF leadership wrangles lawsuit filed by Mr Ng’ona, who cited Ms Nyirenda as defendant.

“This is an order to protect the plaintiff[Mr Ng’ona] from the irreparable injury that may occur if the defendant or its agents are not restrained from occupying the PF secretariat…holdings meetings in the name of the PF, and purporting or holding an elective convention…” Judge Limbani ruled and granted the order of injunction.

Meanwhile, the Constitutional Court has dismissed a petition in which Mr Ng’ona wanted to have the Matero parliamentary seat declared vacant.

Mr Ng’ona wanted the seat declared vacant on grounds that its holder, Miles Sampa, had not challenged his expulsion from the PF.

But in a majority judgement, ConCourt refused to grant an order directing Speaker of the National Assembly Nelly Mutti to declare the seat vacant.

In a verdict read by Judge Martin Chisunka, the court ruled that it lacked jurisdiction to grant the plea sought, but the High Court.

“…section 96 of the Electoral Process Acts gives jurisdiction in the High Court to determine questions relating to vacancy or parliamentary seats,” the judgement reads.

Judge Chisunka said that the record also shows that Mr Sampa filed a counter-lawsuit challenging his expulsion from the PF in the High Court.

“Whether that challenge was mounted within the prescribed time or is otherwise competent, is a matter for determination by High Court,” he said.

The court found that in the absence of a final determination by the High Court confirming the expulsion, no vacancy has arisen under article 52 (e) and 72 of the Constitution.

The panel held that once the expulsion was under judicial review, the Speaker was legally restrained from notifying the Electoral Commission of Zambia to prompt a by-election.

“Accordingly, we find that the Speaker did not contravene Article 72(2e) of the Constitution by not declaring the Matero parliamentary seat vacant. For the foregoing, the petition is devoid of merit…the petition is dismissed”.

In the petition, Mr Ng’ona argued that the Speaker contravened Article 72(1) of the Constitution by not declaring the seat vacant following Mr Sampa’s expulsion on July 3, 2024.

(Mwebantu, Thursday, 29th January, 2026)