spokesperson Ernest Mwansa speaking during a media briefing, as other
members (from R to L) Patrick Mvunga, Reuben Lifuka, Suzanne Matale,
Simon Kabanda, Chief Luchembe (third from left), Mwangala Zaloumis and
Lubinda Aongola listen in
NINE former members of the technical committee on drafting the constitution have sued Attorney-General Musa Mwenye over alleged defamatory remarks attributed to Vice-President Guy Scott and former Minister of Justice Wynter Kabimba that they allegedly leaked the final draft constitution and also wanted to change ownership of Government vehicles into their names.
This is in a case in which Julius Sakala, Ernest Mwansa, Patrick Mvunga, Roger Chongwe, Mwangala Zaloumis, Reuben Lifuka, Chief Luchembe, Ives Bantungwa and Susanne Matale have sued the Attorney-General.
This is according to a statement of claim filed in the Lusaka High Court on Wednesday.
The plaintiffs are aggrieved with Dr Scott’s alleged remarks that attempts to force Government to bring a new constitution were not realistic.
The plaintiffs stated that Dr Scott further alleged the technical committee had leaked the draft constitution to the media and that criminal investigations had been instigated against them.
They claimed that Mr Kabimba said Government would have set a bad precedent if it had allowed members of the technical committee to buy the vehicles they were using.
They charged that Mr Kabimba reportedly said: “The government has a duty to the Zambian people and we should not look at public offices as ATMs, it is a service to the Zambian people.”
They argued that Dr Scott and Mr Kabimba’s conduct and action have caused damage and loss to them and the court should avail them general, exemplary and aggravated damages for defamation of character, libel and slander occasioned by malicious statements made.
They also want an injunction to restrain Dr Scott and Mr Kabimba and or their servants or agents from continuing to issue alleged defamatory statements against them.
They are also demanding a written apology, interest and costs on the damages suffered and such other relief as the court may deem fit.
Trouble in heaven.
Triple Yawn. How about suing your parents for making you dull!
What is going on here? While the remarks of Scott and Kabimba may have been negative, they are hardly defamatory, if they are as presented in this story. Where is the libel or slander, for instance, in the words ascribed to Kabimba? The other problem is that the aggrieved parties will have to show that Scott and Kabimba’s remarks were directed at them (the 9 members) alone, not the entire committee (which had about 20 members) as a body and whose reputation would be damaged. This is a very weak case to initiate under defamation and I am surprised that the plaintiffs, among them lawyers, have taken this issue to court. All they needed was a well-argued rebuttal of Scott and Kabimba’s remarks.
How about the courts sueing them for wasting their time en resources?
@Nubian, why insult parents? that’s way below the beat.
While we remain patriotic about the right of ‘free speech’ that right ends when good mannered discourse degenerates into insults. Agents of ‘Insults’ are a threat to free speech.
People who insult always talk brillantly upon any subject especially that they are ‘knowledge challenged’.
to me, the statement “… ‘we’ should not look at public offices as ATMs…” is symbolic of a Technical Committee that was bent of milking boma of it coffers, which in my view the committee is entitled to regard as defamatory if it wasn’t their intention. In short they are being accused of wanting to benefit UNDULY and by extension being called THIEVES!
Iyee, I meant ” …bent ON…”
These Lawyers do not understand that politicians just waffle. They can say anything depending on the occasion.
As for Wynter, he wanted to speak like a politician when he also know the law,a very good lawyer by the way.
@Nubian, please apologize. What wrong has your parents done to you?
I will be witness #3 in that law-suit, I was one of the first to tell Bashi Charlotte Scott to back-off the constitution things because it was for his good, so may “qualify” to act as a president.
However, I will support Guy Scott’s apology, he has paid off his sins by running the government during the 3 months Ba Sata was very sick.
that’s how you differentiate between a coward and a courageous man. A coward only fights or throws punches when their adversary is down on the ground taking advantage of his weakness while a courageous man will stand and throw punches in the face of an upright and powerful adversary.
@Zagaze what philosophy is that? I disagree. Guy Scott is still standing.
Kabimba was knocked down by Ba Sata in a different movie bwana… muletamba bwino.
ba mdala ba dumbass,oh sorry damus, olo kutemwa charlotte ni so sure? you even start looking out for the husband lol. Anyway,we all know that Scott is a non entity when it comes to real power in this country, so balya balabalekafye olo ba b’ose, tapali namulandu. nomba kabimba was threatening and that’s why i only made reference to him. True kabimba was knocked out by sata and he fell to the ground, that’s when scavengers and cowards decided to hit him lilya apona and weak. Am watching the same movie ba mdala, but ka story line i think ninkekatapo bwino ukuchila imwe. imwe mulekonkafye action bakamba, no offense meant!!
@Zagaze ndekumfwa shata, you got me man. But you know what…. don’t bring my Charlotte in this that story was not romantic enough.
the chicalas though they were smart. well they are just as dum as my dumb fiancee. evans mfula at evaduco reporting live from lusaka and hiding from kitwe thugs because i owe them money i cant pay back. they are a bunch of arsh-owls
Why dont you sue winter and guy their personal capacity. reason is simple. you want loot state funds. You think govt is an ATM. Winter descibed you right. zalumis and mvunga and enerst mwansa ummmh!! you guys we ve been following your activities since we were born
Ok say these two (Scott and Kabimba both conmen) retract their statements and apologise does that mean these 9 plaintiffs will go ahead to purchase those posh vehicles for a penny? This is where things are getting out of hand in Zambia,senior govt employees and appointees to these quasi govt institutions have a misplaced sense of entitlement to property that belongs to the poor Zambian not to them, why should a GRZ boss be it a PS, LandsCommissioner, DPP etc be entitled to so many benefits which are putting a drain on the overal resouces of the country, sadly this is a culture inherited from MMD but the forces for good in the PF govt must put an end to it as such civil servants should know and be truthful with themselves on what it means to be a civil servant not a civil master.
So Kabimba said “Govt is not an ATM ” machine !!! I am failing to understanf the intentions of the committee Now !!!
WK is gone why trouble him.
The two named officials were just politicking,not true reflection of the matter.but Zambian politicians especially those in govt should desist from attacking professionals who are not politicians,the committee members have taken the right formula.Dr chituwo at one time advised pf ministers to stop campaigning as though were in opposition and govern the affairs of the nation.its time sata starts proning his ministers who are still embroid with opposition mentality such as luo,kambwili and let the likes of miles Sampa ,harry kalaba,Edgar lungu .
rogder chongwe demanded k 4billion from the state for being tear gassed together with Kk in kabwe. Roger chongwe, mvunga and zalaumis billed Kk 4 billion over a political case they volunteered to help the old man Kk. Thats how these guys survive.
@zp,this has nothing to do with money,character assassination is a serious crime because as an accused person you have to prove that you are not what has been claimed by the accuser…leaking draft,draft missing,never handed the draft,unrealistic approach..referendum.if they don’t clear themselves of such ,the image is damaged not only in Zambia but worldwide.
Oh no!!!! they didn’t leaked the draft constitution in fact they should have produced it “leaked” within 90days.. Kikikiki
It is shocking to embarrass government in this way. It sounds as if the membership hired government. And yet the opposite is true. What vexation? Technical committees are composed of very senior and highly experienced compatriots that should practice restraint. If political leaders are not allowed to make decisions, then usurpation is effectively underway. If the document was leaked to the press, then automatically the committee is one of the prime suspects. There is nothing sinister about that argument. What is important is to allow government to conclude the project in a calm and mature way.
These are the same *****s,cants,fools,minions,dimwits,morons who succumbed to pressure from Mr Chumbu and Red lips by dumping the document at Mwanachambwa’s office without releasing it to the public. We are in this mess because of these cowards.
So if the findings were not leaked, then how did they come to be published? Somebody must have done it, and suing left right and centre will not change that
The draft I mean
You stupid technical people just wasting your energy. Just shut up, once and for all. Dandaheads
OK. So the ‘ATM’ has been closed and they are no longer entitled to luxury cars with free fuel. Cowards! Wynter found you out and said the truth. Why didn’t you sue them then? If Wynter had not been fired would you still be feeling the ‘damage’ and doing nothing about it?
I pray the Court dismisses this case with costs.
They want to benefit from cars, they were using, together with their allowances.
The 2 leaders are 100 percent right. These are government resources, you want to get them as , as if it is money from ATM, never, return them once and for you stupid Techn……
Did Wynter name the nine or are they relying on innuendoes as usual?
The defamatory remarks attributed to Vice-President Guy Scott and Wynter Kabimba did not only injure the 9 former members of the Constitution Committee, but the pain has permeated through the entire nation.
Guy Scott once lamented on the supremacy of the A-Team in PF. Sata, Kabimba and Guy Scott clandestinely planned and executed worst atrocities to innocent Zambians while the Police and Mmembe’s Post looked away. Meanwhile, Sata has just administered an induced comma in Kabimba thus allowing him to continue as a nominated MP.
The big plot to mutilate the draft Constitution was engineered by Sata, Kabimba and Guy Scott. Hence the firing of Kabimba can only be viewed as merely generating a thick smoke screen. We pray for the restoration of Justice.