FIRST republican President Kenneth Kaunda has appealed to the Supreme Court against the decision of the high court to refuse to set aside a judgment in default that ordered him to pay more than US$ 1, 208, 026 (about K6.6 billion) to five law firms.
This is in a matter in which Sakwiba Sikota’s central chambers, Lukona chambers, Patrick Mvunga and Associates, Lighthouse chambers and Dove chambers sued Dr Kaunda and former justice minister Sebastian Zulu as members of UNIP for payment of professional legal services rendered in various civil and criminal cases.
The cases involved were the misprision of treason, citizenship, black mamba, Kabwe assassination attempt and illegal assembly and presidential election.
The law firms were demanding US$1, 208, 026 but Dr Kaunda and Mr Zulu contended that the legal representation from the lawyers were on voluntarily services.
The matter has a long history as it started by way of specially endorsed writ of summons on November 20, 1998.
A judgment in default of appearance was entered on December 8, 1998 in favour of the law firms in the sum of US1, 208, 026.25 with interest and costs.
On December 16 of the same year, Dr Kaunda and Mr Zulu made an application for the judgment to be set aside.
The acting high court registrar on July 23, 2013 refused to set aside the default judgment obtained against Dr Kaunda and Mr Zulu prompting the former republican president to appeal to the Supreme Court.
But Dr Kaunda in his appeal to the Supreme Court said that he and Mr Zulu were dissatisfied with the decision of Judge Dominic Sichinga because he erred in law and fact when he held that they was no merit in their appeal.
He said the analysis of the evidence by the high court was not balanced because only that of the law firms was analyzed and not for him and Mr Zulu.
Dr Kaunda in his affidavit in opposition to the lawyers demands stated the money they were asking for was a mere contribution by UNIP for administrative purposes.
He said that the services that they rendered were voluntary as at no time did they indicate to him or any other UNIP member that they were supposed to be paid.
shouldnt there have been some contract signed on this?
I see why Kaunda will not die soon, He has alot of issues to account for. (Barotse agreement, People he owes, People who disappeared during his rule, Misdirecting Chilufyanya, etc)
On what basis is the man speaking, he should stay retired
Thanks
Sata was utterly responsible for the mess KK is in. He should pay the bills on KK’s behalf before he is booted out by force.
Sata is an i.d.i.o.t of a politician. He fought hard to get kk deported to Malawi in order to please his masters in MMD. Its funny how he has befriended KK now. Such behaviour is typical of academically challenged people who find refuge in politics to put bread on the table. They will do any thing to stay in power even if it means killing their relative or friend.
The story sounds ZWDogsh and Mutomba Nchitosh, sounds someone is after personal destruction.
His argument for failure to pay is “being deleted from GRZ pay roll…Inshifola!!
What happened to your former friends, KK, Andrew Sardanis, the Maharishi and that oil-from-grass guy? They can’t pay??
The Euro Bond is still lying idle at ZANACO therefore ask your former governor of Lusaka to get some so that you can pay this nkongole. These lawyers really helped you otherwise by this time you could have been in imprison. And ask your wife to be Chieftainess Nkhomeshya Mukamambo II to help you as well.
Even if KK pays that money Hakainde Hakaivotela Heka and Rupiah Bwezani Ndalama Zaeni Banda still has worse problems than KK
Sata should pay now for the mentorship he is getting from KK otherwise he wl suffer the same fate
Sakwiba Sikota and Patrick Mvunga are corrupt, they are on record as offered free services then to Former president.
pay them their money..why should you evade as old as you are ala!!
so you want to kill our first president with BP now just leave him alone.
So in Zambia every case has to end in the supreme court? this becoming to much. We all know why everyone wants to go to this court, it has corrupt i.d.i.o.t.s masquerading as judges.
fonko fonko,lipilafye. inkongole taibola!bt u go 2 the other side debt free.wat was ur consideration for u 2 receive free legal representation?had the courts judged in ur favor,u”d have been on ur sickly legs demanding 4 payment
the state still pays his legal bills i suppose.so why is he worried to the bone?Those law firms should also not over quote,kaunda is no longer president to produce that kind of money gentlemen.
These greedy are always a joke. why not just forget after stealing money from people. leave KK alone.
The name is not Supreme court, it is; patriotic front court.
if you grab a wife from somebody,somebody wil grab her away from you.that is exactly what may hapen to upnd with Dr.canisius banda.
nanga yabwelamo bwanji nkani ya Kanishasi Bander?
If I was HH I would have disciplined Dr Canisius Banda by suspending him from the party. After all he is just an appointee not an elected Vice president.
To me what he did was gross misconduct .Even if it was in the national interest he should have informed his superior officers of his decision to meet the president. There is some thing fishy the way he conducted him self in this matter. No doubt about it.
HH should put all contingency plans in place in case Dr Canisius chooses to join the PF with a promise of ministerial post.
Without a shadow of a doubt I suspect Sata wants Dr Canisius to stand on PF ticket in one of the bye elections in Eastern province.
Dr Canisius ‘s behaviour is absolutely preposterous and it should not be tolerated at all costs.
When is the wedding Sir? Those Lawyers must leave you alone to enjoy your honeymoon!
KK when you wine and dine with the PF crocs some shoe makers will see a chance to turn your skin into croc shoes.
Chi fonkofonko, lipila chabe nkongole. Since you like jogging before a major event just the way you jogged to Nkhomesya after Bettys death, you also jog to the bank
Mr. Ngulube Sir,
lets give KK respect he’s an elderly man. whatever, grievous you may harbor. Name calling wont take us anywhere. I am sure the Lawyers will speak to their subconscious and I doubt if its worth pursuing their cause. Kaunda has friends globally who can easily bail him out. Get a life bwana.
Chiiikaalaaa! Ngulube you must think first before you display your rotten brain,which country do you live in?? useless and worthless citizen of a fooool that you are. RESPECT our elders especially the father of our nation.
LONG LIVE KK! ONE ZAMBIA ONE NATION!!
Astonishing that this comment, and others like it are even allowed to remain intact. If I was the editor, there is no way I would condone disgraceful and perfidious individuals like these to dish out their brand of abusive language against the beloved Father of the nation.
it’s a little thing called ‘Freedom of Speech’ Mr. Nine Chale and your little tantrum is in line with PF’s policy on muzzling dissenting views. At least this confirms you tow the party line wholeheartedly.
ati freedomfighter learn from mandela.your too political.
Sir… Kaunda has done much more good in his life than Mandela, Whilst he sat in Jail for 27years, Kaunda was busy helping Mandelas people fight the ugly rutheless boers, sheltering the victims of Renamo, Zimbabweans etc, in short when the rest of Southern and Eastern Africa was in disarray, this man was there securing their todays and tomorrows. Yes he might have done it at the expense of his own children (Zambians) but such is life and expected, in order to fight bad… the good side suffers.
Mandela has done his part, his sacrifice was to be denied freedom for such a long time, but surely you cant praise him and insult the man who stood on the “front line?” people think outside the box, expand your minds each time you look at issues, these two men are both Heroes in their own way!
You cant compare a man who was forced out of power after ruling with an iron fist for 27 years and brought the economy to its knees with someone who only served for one term and voluntarily relinquished power. It is true, Zambians are not only docile but they have memories that even a gold fish would look down on.
Ba mhendula,
Forgive and move on, there is nothing like being docile here, you just have to find peace with yourself somehow, do you think after being kept in a small cell for 27 years (with all due respect to Mandela) you will have the Energy and interest in getting the toughest and most stressful JOB on earth? Not in a million years!
As for the scars that linger on, lets just say…. the ghosts of those he might have tormented have alread found peace and moved on, I suggest you do the same, otherwise, you will forever be tormented just make merry for you dont know what is out there!
Carry on cindy.. I like your combative spirit and I share your perception of these issues. It is sad that some people refuse to see the positive things that KK did but only choose to lament about what went wrong during his rule.
In all honesty and truth, who among us can claim to have done better as a leader in that crucial era? That was a time when Lumumba, Nkrumah, Sankara, Biko, Machel and others were taken out on “remote control” by forces who did everything in their power to stop the liberation struggle and true independence of Africa. It is by God’s mercy that KK was spared the same fate as those fallen heroes.
KK owes nobody any thing other than Zambia owing him all the freedom and peace now being mismanaged and abused by the current government.
We remember the legal services rendered by lawyers on KK were voluntary and stated to be on pro borno basis. On that premise demands for payment is null and void.
Please keep your ignorance to yourself!! KK DIDN’T SINGLE HANDEDLY GAIN US OUR INDEPENDENCE!!!!
KK swore an affidavit admitting the amount and even started making some of the payments. The amount agreed was about half of what the lawyers claimed. KK should just show integrity and pay. Those who feel sorry for KK should put money together and pay for him.
Nothing like appealing; this old man must pay. He thought because he is the PF biggest carder he would run away from the law; catch him by the tail and take him to Chimbokaela. Let him call on Sata and see if he is going to save him. Arrest him; he is now convicted like Masumba; Remove the title of first republican president from him.
If you love KK help him now. We not interested in the medals and recognitions and the airport naming.
Kumulu LESA, Mpanshi Kaunda…….the man had become drunk with power. He thought he was sent on earth to rule Zambia forever…….foolish old man! Just pay the Nkongole and please Sakwiba, Mvunga, etc sort out the man!
This case will be reversed and your aaaasss will pissssss
Reposes his property….including the house he was given in Namibia.
I think it is very painfull for you to see KK enjoying with Sata. What ever you do, just know Hakainde Hakaivotela Heka and Rupiah Bwezani Nkhongole Zaeni Banda remains in deeper problems than KK
The lawyers should pay KK instead after all they are direct beneficiaries of his global education policy for all Zambians which resulted in them getting educated!
Which also played a part in us having the largest per capita debt in the world which led to HIPC and debt forgiveness and which we are now looking to bequeath our children.
Why troubling the old man?? leave KK alone. he has done alot for you so called law firms. you wanna kill him from BP sad.
Lipila Che mdala,there are no free legal services in Zambia! just pay it’s ok
Ironic isn’t it? Ukwa was behind some of the same court cases that Fonkofonko had to face and now does not want to pay for!
@Ngulube have respect for your great grand father. Ku ishamika uko. Your origin must have no respect for elders. If kaponyas at the stations are able to respect the elders, how about someone who even get access to internet facilities. Shame on you. If you hate our 1st republican presido jst watch from a distance.
Kwena ba loya nabena, uko bamwene umulilo eko baleya nakabili! Is Zulu still representing KK in the appeal to the SC and satisfied he will do it gratis?
Why is PF govt. also hanging out to dry the office of former presidents, nanga ndiye nzelu izi?
Grandapa KK doesn’t like paying Ngongole. Even that house he lived in Kalundu (off Great East Road now opposite Suwilanji Gardens) for a longtime even when house arrest. He never paid rentals until the owner died of depression. That was his source of income and KK stayed there fr free without paying. Maybe to him it was offered for free.
Oooh! So bampy is a bit of a dodgy character causing depression and death due to non payment of rental arrears..he he he he.. so the lawyers are next on his serial killing spree. I hope super ken was not planning to tell the donor community that UNIP was under the impression that the debt they amassed was free money. He needs to be under lock and key in one of Rupiah’s mobile clinics. For the lawyers, they also need to pull themselves together and stop dreaming of the million dollars because they are not get anything from dodgy ken. To me it appears there is no evidence of a contract being signed so that will teach the lawyers to stop running their law firms like a piggy bank at home.
Fimo muleumfwako ne nsoni Please bwana sikota and your friends learn to play within your selves and live our father out your money laundering issues Mr President sir please help our loved KK, and Remember one Z one N
Our father needs more of his time to rest not this Rubbish, where were these chaps when our father was in office .
@ Davy…..Well spoken Sir! as loud as clear as you have rightly said. Thank you.
Surprising all the lawyers are clouded in lusaka looking for political cases, to make a quick buck.those lawyers must go to the relative of chiluba who went to useless depths accusing kaunda.where is he.its vain. The ordinary zambian do not see any benefit of a zambian lawyer,because they are now synonimous with politics.what a waste
KK should use his hidden money in London, Panama & Cayman Islands to pay his legal bills. Hiding money and pretending to be broke are the true characteristics of a real dictator.
KK, Zambias worst dictator stole a lot of money during his years of one party dictatorship. chili crook icho chimuntu. fwebaliko tuloleshafye nomba
You just have to look at the people suing kk and common sense will give you the answer.
This explains KK praise of MCS, he wants protection like Mmembe and Nchito. Old man just pay, we all pay our dues
For people that hate KK and say he brought the countries economy to its knees, you need to do some research. I for one used to think the same. But after many years of studying the worlds super powers economies, I came to learn that KK was punished because he wanted more for his people. Remember when he wanted foreign companies to pay more taxes? This came about during failed negotiations to have our copper not only mined but also processed to finished products like copper wires, pipes, electrical switches etc to creat more employment for Zambians. This could have been done easily and cheaply too. But then this was done so as to creat jobs in the west. As a result of this most companies were forced to pull out by the economic cartel establishing indirect sanctions. Economy was destroyed.
I remember very well these lawyers voluntarily offering to defend KK just after FTJ started drafting up these charges. As they say, the only honest lawyer is a dead one..@ Sakwiba, the cement from Zambezi portlands was not enough?? Guyz, leave the old dictator alone. Even Kamuzu was left alone in spite of the atrocities he did against his pipo. Im just saying…
but chi Saki! Kumonafye chacitafye ifilomo pakulanda thinking he is sacrificing kanshi chikesa mukupinda. HH also uses chi saki, all his loot from privatisation ll end in chi saki’s pockets.
As for mvunga its shameful.
but chi Saki! Kumonafye chacitafye ifilomo pakulanda thinking he is sacrificing kanshi chikesa mukupinda. HH also uses chi saki, all his loot from privatisation ll end in chi saki’s pockets.
As for mvunga its shameful.
Do our high court judges think anymore…. Just wondering.
Quas **** are you saying Sakwiba and his greedy league are the current GRZ? How is the GRZ mismanaging the old man’s freedom and peace? You have been told atleast not to be narrow minded. Your so called lawyers are greedy just admit it.