FORMER vice-president, Enoch Kavindele has lost a bid to run a fourth cellular mobile phone company in Zambia after the Supreme Court over-turned the earlier judgment and ruled in favour of Communications Authority of Zambia (CAZ).
Supreme Court judge Marvin Mwanamwambwa in delivering a 90 paged judgment yesterday allowed all the four grounds of appeal advanced by CAZ in its appeal following the earlier judgment passed in the Lusaka High Court against it.
Lusaka High Court judge Phillip Musonda had ruled that Vodacom Zambia Limited was lawfully granted a mobile licence and still holds the fourth national cellular mobile license for Zambia.
In the first ground, CAZ contended that the learned trial judge erred in law and facts when he held that the remedy of an injunction was available in this case and that respondents’ businesses reputation would diminish, as it had none that could have diminished.
CAZ argued that this court had in many cases held that an injunction was not appropriate when damages would be an adequate remedy.
Mr Kavindele’s lawyers from Malambo and Company argued that the High Court was on firm ground when it held that the injunction granted to the defendant was available as it restrained the appellants from opening bids on February 28,2008 to award the fourth cellular mobile phone license to other companies until the matter was disposed off.
And Mr Justice Mwanamwambwa in allowing this ground, said the lower court’s analysis of the principles governing the granting of an injunction was correct but on the facts of this case, the Supreme Court did not agree with its conclusions or application of the principles to the facts.
He said the plaintiff was a newly incorporated company and had not yet started business operations in telecommunication and not yet acquired business reputation or credit rating, which could diminish and discharged an earlier injunction, granted to Mr Kavindele.
In ground two, CAZ argued in its appeal that the lower court erred in law and facts when he held that the appellant was the cause of the delay in finalising and conclusions of the licensing process.
CAZ contended that as far as it was concerned, the court processes instituted by third parties against the defendants constituted the delay.
“On the evidence before the judge we must say that this was an erroneous finding of fact, it was not supported by any evidence. It is clear that Vodacom Zambia Limited was the cause of the delay in the finalisation of the licence.
“In our view, the learned trial judge’s findings under challenge were made upon a misapprehension of the facts, we therefore allow ground two,” he said.
On the third ground, Mr Justice Mwanamwambwa contended that the withdrawal of Vodacom International Limited was a frustrating event, which released the defendants from further performance.
He said it was clear from the evidence from the lower court as well as in this court that when Vodacom International withdrew from the licensing process, its technical know how, experiences and financial capacity went away with its withdrawal.
On that ground, CAZ had argued that the trial judge erred in law and facts in granting the decree for specific performance of the fourth national cellular mobile license for the respondents when Vodacom International had withdrew from the licensing.
And for the last appeal, CAZ indicated that Mr Justice Musonda erred in law and facts when he held that the respondents had been treated oppressively, unfairly and contrary to the spirit of the Economic Empowerment Act, and that they did not perform according to the legitimate expectations that had risen in the respondents.
Mr Justice Mwanamwambwa said that the court acknowledge the existence of the doctrine of legitimate expectation.
And after judgment, Mr Kavindele refused to comment and walked away.
This is not fair. We have been over exploited by ZAIN and others. We need variety here !
The Zambian government needs to grow up! For a country that was once at the forefront of mobile telephony, we have now fallen 10 years behind others in the region because of protectionist and politically-driven telecoms policies
Something fishy is going on in our beautiful Zed. Why do we draw ourselves back like this? I strongly think that we need a paradigm shift if we are to walk along side other countries in this age and era. Something has to give!
This is very disturbing. Vodacom is the one !
Now Vodafone can come in and ruin MTN and Zain not forgetting Cell Z
The courts have become too politicised! This Christian Country is difficult to understand! I even saw the Devil himself praying for someone in the Times Of Zambia Newspaper, hey! Kavindele and company should be givem chance! Mwebena Zambia bushe ubupuba bwenu bwaba kwisa? KCM is owned by a family, citizens of India! Why not allow Kavindele to invest in his own country? Zambians have lopsided thinking, excessive jealousy is the cause, we would rather other foreign nationals come like the Zamtel RP Capital Sh***t.
JOIN A LIVE CALL IN DIASPORA VOICE- BLOGTALK RADIO SHOW
I have just been invited to follow this morning’s Blogtalk radio discussion show to which I’m inviting you too. Zedians as Diaspora Voice are brainstorming on a very important but sensitive report in the autum 2009 edition of the World Vision Magazine on possible war in Zed. Below are invitation details:
Is Zambia one of the ten countries most likely to face civil unrest in 2009 and 2010 due to worsening economic conditions and political instability? The Economist magazine says yes. Richard Mbewe, PhD, former Chief Economist & Professor of International Economics in Warsaw, Poland, will weigh in together with The Rev. Dr. Evans Phiri of Georgia, Rabson Lungu of Texas and many others to weigh on this damaging story published in the World Vision magazine, 2009 issue. This show starts at 10:00am NY Time (16:00 Zambian Time).
Rev. Dr. Evans Phiri of Georgia, Rabson Lungu of Texas are not amused by the damaging story published in the World Vision magazine, Autum 2009 issue. What do they think of it all? Will World Vision pull out its humanitarian workers due to the so called imminent “clear and present danger”? Join the show at 10:00 am NY Time (16:00 hrs Zambian time). Call: +1-718-766-4857 using your mobile, land or skype or just login and listen through your computer to Zambian Brain Drain then click on Blogtalk Radio starting some few hours from now.
The question is why the Economist believe Zambia is headed for war?
Hey, start your own thread. Dont hijack the vodacom story here with your tu ma silly blogtalk rubbish atase. LT, this is the kind of thing you should be moderating, Not just deleting politically charged statements from these guys living abroad who also blog without facts.
Na ba Kavindele nabo- very indecisive! He owned a leading computer company (Woodgate Computers) that one day he just walked into the office and started removing all equipment and told all workers to just pack up and that was it for the day! On another occasion rumours had it that he bought and sold Woodgate House for a song a couple of times. He may not even own it now. The crunch comes when he sold a newly constructed (one of the best buildings) the Finance Group!
However, in my view the man is mercurial- he is the equivalent of Donald Trump! He is going come back!
Ala we are being milked by these mobile service providers in Zambia, jus check how much Zambians have to part with when voting on big brother compared to other nations. We need Vodacom coz they have proved to have far much cheaper rates than the mobile companies currently in zed.
Greetings bloggers
I missed out in action yesterday because I was away celebrating the Volksfest, a smaller version of The Oktoberfest. Now I’m back and can’t wait to comment…let me read first..
It seems all decisions in Zambian courts are politically motivated,it’s really sad what our country has become under Banda,i cannot wait for the next elections,please those registered to vote especially those at home,do as a favour,choose leaders that have the heart for development of the whole nation not chancers who have no clue on which direction our country needs to go.
The way this guy Join is talking sounds like he cant wait for war to start in Zambia. Is that what you really want?
If Kavindele had carried favour with RB, he would have won the case. He would also have won had been a foreigner. The two thngs that counted against him are that he is a fellow Zambian and he is constantly criticising Nyamasoya and company. What is evident is that Zambians hate each other. The insults you see on this blog is evidence enough.
I speak blessings and covering of the blood of Jesus over my beloved country Zambia, also over Africa for wise counsel over national affairs. In the eighties he was stopped from cruising in a Lambo on Zambian soil, today the deny him a cellular communication enterprise. What we shall lose out on is the forsight that this would have given our young impressionable minds; but then he too should have used wise scrutiny when handling the case, maybe say hire a better legal team. Greetings Nine Chale, Dr. Maureen, Chitampakwa, Pabwato, and all. If the old bloggers would show up but only for the weekend, it would show our continued drive for a free thinking Zambia, for liberty we have. All we need is true freedom that God provides, blessings to you all.
Well spoken #18 Mwanawakwithu & greetings to you too.
#7-10 join sounds like a perpetrator in disguise. We don’t need a war in Zambia so tell your economist who are prophesying doom for our country to go to hell with their evil predictions.
Nomba ba Kavindele shuwa…doesn’t he know the rules of the game he plays?
All this is legal jargon. If a guy wants to operate a telephone business, let him go ahead. If the Country is to progress, it must let people like Kavindele live out their dreams. He is a breathe of fresh air. Knowing Kavindele, he is going to have his way by playing puppy to RBB. Go for it, it is the only way things work in Zambia.
Viva Vodafone (not Vodacom).
Whatever has happened to Kavindele Enoch ,it looks as thouhg everything he touchec goes sour nowardays.I remember when we where growing up and once dreaming of becoming like ba Kavindele…aba pa Woodgate
Wow! What a country. RB the other day implored Zambians in the diaspora to invest in Zambia. Well, Mr. Prez, what a contradiction, when a Zambian is blocked from becoming a competitor and expanding his business? The Chinese and South Africans are welcomed with open arms, without preconditions to help develop Zambia. The poor Zambian has to fight in court for his right to own a business in his own country. This is truly unZambian and a disgrace. Whether you like Kavindele or not, as long as he has the financing to invest, why should he be blocked? Does he have to be your follower? We have to change this backward mindset, moving forward.
Interesting pictures of the visit in Swaziland if Lusaka Times will allow groups dot yahoo dot com/group/uszambians/attachments/folder/1906645345/item/763180425/view
IS ZAMBIA A COMBUSTIBLE COUNTRY?
I have just replayed and listened to today’s Diaspora Voice on Brain-Drain Combustible-Countries. Its interesting how Zambians in a united voice have outrightly denounced the World vision Report that Zambia is about to implode for war this year or 2010.I could not believe it that we are the same Zambians full of political fireball now defending the country like that.Its is encouraging though to follow the degree of patriotism and passion for a peaceful nationalhood.Isolated voices started with views that its possible but where convinced by the majority that the report was lacking indicators and knowledge of Zambia.To the host of the the program, i say thanks.Count me your silent…
Those are pictures of President RB in Swazi Traditional attire, interesting
i always say that we have a big problem with our black skin. why dont we need a fellow zambian to invest in the country and yet forign individuals can do that .honest what is wrong with us? kaya where is the logic there. awe mwe my country is not developing.
kavindele tried to built a rail line from in northwesten province. and also connect angola from zambia. the government, my government under mwanawasa refused him that it is not feasible. how on earth mr kavindele wronged us. what is wrong with our brains as zambians.
BA LT I WANT TO BE THE PRESIDENT ONE DAY SO THAT I CAN STRIP OFF SOME OF THE POWERS OF THE PRESIDENT AND LET THE LAW RULE US.
Sounds complicated al together.This man had tried all sorts of businesses but GRZ keep a negative thoughts,is tgis empowering the locals or what ?
Why is this man being harrassed. First it was the rail line and now this . EK cannt have political strength but he has business prowess that is always countered by various political hard tackles
In a country with a low rate of employment……GRZ is doin a great job keepin the numbers down. Whatever happened to the free market economy ………
Vodacom is an exploiter worse than ZAIN, their rates are highest here in SA.
This is unfair just because E.K is a zambian they dont want to give him, unless if it was an indian / Chinese coz they know that they have a cut in it. Rubbish, Zambia will never develop,
The decisions was politically motivated…
This man is a jocker…..he had it all but failed to bring in Vodacom. He won the contract before getting Vodacom all on board. Same as the railway line issue. Case of slaughtering the chickens before he even has the eggs!
Is Kavindele still in MMD . I doubt that one if iam to be asked
Anyway RB found ths issue, mwanawasa knows why.
May be Kavindele’s charachter is questionable also. It’s one thing to have business ideas but another to thing to actually set up one and run it successfully. How can he be failing in every direction. Something is wrong with him.
The current Govt may be accused of being against him but what did he achieve when he was in Govt. This man was Vice president by the way. May be he’s a scatter brain. How did he become a rich man in the first place? May be it was not due to business acumen but other means.
I have heard this man dealt corruptly over the Zamtel gateway / Vodafone. Why was he fired from Vice presidency?
Is there a need for an international agreements with minimal restrictions for accreditted lawyers to operate across countries, to ensure they are not comprimised by personal requirements? Zambian professionals are highly respected, not only on academic background but persornality and personal values. Why do people home think we all hold menial jobs/ its not wrong to hold menial jobs but you have Zambians who compete at the highest level and the criteria is our intelligence and knowledge. Why do Zambians have no respect for zambians abroad?believe me it is easier to get an uneducated Chinese in Zambia than its to get a professional Zambian in the UK. Respect for selves first, , at the front or just be fair but dont put the foreigner first, you have no pride and you are selling yourself shor