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NAWAKWI FILES DEFENCE, SAYS HER COMMENTS AGAINST HH ARE FACTUAL


Lusaka ~ Thur, 19 Nov 2020

Brightwell Chabusha

Forum for Democracy and Development ( FDD) leader Edith Nawakwi says allegations she made against UPND president Hakainde Hichilema are of fair comment and made without malice.

According to a defence filed in the Lusaka High Court in a case in which she has been sued for libel by Mr Hichilema, Ms Nawakwi denied defaming the UPND leader, saying her comment was factual and true in substance as she was merely expressing her opinion.

Mr Hichilema is demanding US$3 million as damages for libel arising from the alleged defamatory words which Ms Nawakwi caused to be broadcast on the Hot Seat Programme on Hot FM and Kwithu FM on August 27, 2020 in relation to the acquisition of a house on Servel road in Lusaka.

Mr Hichilema is also claiming aggravated and exemplary damages and an order directing the defendant to retract the defamatory words.

He is also seeking an order of injunction to restrain Ms Nawakwi, her agents, servants and whomsoever from further defaming him or publishing similar defamatory words.

Last week, Mr Hichilema applied that a judgment in default of defence be entered against Ms Nawakwi for not filing her defence.

However, Ms Nawakwi has filed defence, denying that she defamed Hichilema.

“Save as is admitted herein before, the defendant denies each and every allegation contained in the statement of claim as if the same was particularly set out and traversed seriatim,” Ms Nawakwi said.

She stated that her comment was not defamatory and that she was not the first person to raise the issue of Hichilema’s acquisition of the property of Subdivision No 14/3/A/F488a Serval Road, Kabulonga, Lusaka.

Nawakwi stated that the Post Newspaper Limited (in liquidation) on May 18, 2007 wrote about the said allegations in its editorial, including the Times of Zambia on January 14, 2012.

Nawakwi added that the details relating to the liquidation of Lima Bank Limited are supposed to be a matter of public record and they call for accountability and transparency.

She stated that she conducted a search at the Lands and Deeds registry which revealed that on March 28, 1989, Samson Siatembo mortgaged Farm no. 1924 whose area was 2,415.5580 hectares, in Kalomo district, Southern Province, to secure K10,600 from Lima Bank limited.

“On September 14, 2005, Lima Bank Limited (in liquidation) caused the registration of memorandum of discharge of the mortgage relating to Farm No.1924 whose area was 192.9050 hectares,” Ms Nawakwi submitted.

She further stated that Mr Hichilema acquired the said farm at a consideration of K110,000,000 (unrebased)and the payment of property transfer tax of K3,300,000 (unrebassed) was certified by the registrar of Lands and Deeds on September 14, 2004.

May Nawakwi  stated that the assignment of subdivision A Farm 1924 at the consideration of K110,000,000 was registered the assignor being, Feluna Hatembo (administratrix of the Estate of Samson Hatembo), and the assignee being Hakainde Sammy Hichilema, but the search did not reveal any evidence of requisite authority of the court to sell the property.

She further stated that she conducted a search at Patents and Companies Registration Agency (PACRA) which revealed that Hichilema was a shareholder and has interest in African life Financial Services Zambia limited, Sanlam Life Insurance Zambia limited, Menel Management Services limited, Tiyende Consortium limited incorporated and Benefits Consultancy Services Limited.

Ms Nawakwi stated that on March 25, 1997, Lima Bank Limited was placed under liquidation and Messrs Edgar Hamuwele and Christopher Mulenga both of Grant Thornton, were appointed as joint liquidators and she will produce evidence at trial relating to the operation of Lima Bank limited (in liquidation) account No.00302400006373 maintained at Zambia National Commercial Bank (ZANACO).

She stated that Mr Hichilema may not have acted as a receiver, manager or liquidator of Lima Bank but Grant Thornton was actively involved in the liquidation process and disposal of assets of the said Bank.

“As a citizen of Zambia, the defendant possess the sufficiency of interest and legitimate concern relating to the plaintiff’s non disclosure of interest. The plaintiff did not disclose at the material time, has not disclosed and continues to resist disclosure,” Ms Nawakwi stated.

She added that it was trite law that the claim for the purported liquidated special damages in a tortuous liability suit was inadequate and legally incompetent.

The defendant further submitted that the endorsement of the particulars of claim for libel on the writ of summons and statement of claim are incompetent.

34 Comments

  1. 2yk

    Nawakwi vs the Tonga Lawyers

  2. Mm

    The chap is tribal he hired only the tribemates

  3. Charlie

    Ubupuba zoona ubu…. You spew out lies and when sued you start claimining that even others have said the same lies.
    The issue at hand is not the farm in kalomo…its the house on serval road iwee kamayo. And also GrantThornton is not HH neither is HH GrantThornton. Mulekwatako amano when you speak rubbish

    • Most

      Please, let the court determine. Is it a lie he has acquired those assets without declaration of Interest? Please don’t rush to name calling.

  4. Charlie

    Kwakwakwi should be serious and i hope that HH collects on the damages. Will teach her a lesson to speak the truth

  5. Black machende

    Kkkkkk let be a lesson to tayali kwakwakwi will start crying now

  6. Arcade

    Her defence is fair.

  7. adviser

    This is what she was waiting for – now let the games begin. Those who were celebrating ati “collect the $3 million”, do not be too fast. Her defence appears to be on solid ground.

  8. Pharaoh

    Indeed her defence is factual and fair.Its means she revealed part of her documentary evidence to implicate Mr HH.Its therefore up to the jurisdiction of the trying court to examine and analyse these pieces of evidence.She’s dwelling with factual as well as real evidence and not hearsay.The same case will review and dig out a lot of issues at once.

  9. Pharaoh

    ADVISOR,I agree with you.Am swing that someone will be stripped naked at the end of this case after a lot of drama.

  10. Pharaoh

    Seing and not swing

  11. Pengula

    We knew it madam Nawakwi is a very sharp person even more than Hichilema. That is why he has organised a lot of lawyers to face her. Now the game has started let us wait and see who will score. Some one will be stripped.

  12. Acky mukah

    Apa lyafika nipanembenembe let us just wait.

  13. Old Mzee

    Nawakwi is on solid ground.Sometimes it is better to admit when you are wrong and apologize than showing arrogance.
    Nawakwi did her home work and from what has been written if true it will dig out a lot of dirty on HH.He should also pay those who are owed money through irresponsible retrenchments

  14. Zedpeople

    It is laughable, for the learned lady to say an opinion is factual. this is a new low altogether.

  15. md

    the strongest lady

  16. Kelvin D Mulanga

    While Nawakwi alleges to hav facts she cannot say it is her opinion. Whenyou have facts as she claims then the mention of opinion does not arise. Factual does not, and will not equal to opinion it remains a fact.

  17. Old Mzee

    The Privitisation issue has been in public domain since the 90s.I don’t understand why HH says he has been defamed.Can some claim to be defarmed when there are thousands of people who were affected and continues to this day and beyond,
    This issue will never go away even if HH dies the issue will still hount his family,Let him own up and explain his role so that people can make informed decisions

  18. Frank talk

    Ya ya ya Tayali,Nawakwi. So so so you are saying Bally is is is not a presidential material. Prove it

  19. Chendabusiku

    The privatisation issue will not suddenly disappear simply because HH has engaged 20 lawyers No. What HH needs is to just face it and be more candid in explaining his role and possibly apologise for his role. Times have changed in some cases he does not have to have done it himself but by virue of being party of or leader of a company involved is enough. This is why he is correctly blaming Lungu for the country’s woes because the back stops at the leader. HH lacks wisdon, this is why he has ontinued to lose presidential elections. Frankly even when the economy is biting a greater number of electorates (Not bloggers) still don’ t think HH is an alternative for our great nation. And this sentments will be echoed in 2021.

    • Mfumukadzi

      I agree with your views. If he is innocent why does he need 20 lawyers to defend him. At no time has HH ever responded directly to the issues raised. He flip flops on nothing but anger and arrogance he calls Lungu corrupt without any proof and yet he does not want to be questioned about his own corruption? What hypocrisy is this. As zambians we cannot be fooled by threats. Madam Nawakwi forge ahead. This is a matter that concerns public interests.

  20. Bravel kwale

    Indeed Nawakwi is a sharp lady

  21. Lawyer

    Useless allegations.Ex Post Facto those allegations have expired.Moreover,they are not even true

  22. Old Mzee

    I agree with Chendabusiku.HH is a bad alternative because he has too many skeletons in his cupboard.If he wins he will spend a lot of time defending himself as lots of people are frustrated and disappointed by the Privitisation issue.
    On the other hand Kalaba has come on the scene late and is not visible.His message is not resonating with the people.
    CK is a loud mouth and has no policies.
    Nawakwi is good but has no message
    Andison Banda is good but is not visible.
    Mumba- completely off.
    Mutati-late and confused whether to go MMD or PF
    Seen Tembo-Coming up but not visible-may be 2026 or 2031
    The rest are amatures

  23. Pharaoh

    Old Mzee,your analysis is quite interesting ,factual and laughable. You have hammered a nail on to of its head.Am a registered voter but still blind who to vote.

  24. MUNTU USIYA

    ECL § NAWAKWI AR ALSO PART OF PRIVATISATION DAT IS WAT U SHUD KNO.HW CN 1 PERSON PRIVATIZE NATIONAL ASETS.ANALYZ § THNK

    • Pharaoh

      Muntu usiya,its like a.horse of a truck pulling a trailer.When its moving forward,forward, its the horse which.crashes into a tree and the trailer over turns due to over speeding but failing to negotiate a corner.

  25. Pharaoh

    by failing

  26. Ferguson santy

    Keep talking nonsense whether you like it or not next year ni bally…lungu kuya bebele.

  27. I HATE LIES

    You never said this was your opinion when you addressed the nation. HH may never even have sued you…sorry. I hear you are sharp lady. Time will tell.

  28. NO THIRD TERM PLEASE !

    The Court look at the case by case as raised by the Complainant, not your wild emotions. You should have researched first before accusing him of stealing. Wishing good lucky.

Comments are closed.