Heritage Party leader Brigadier General Godfrey Miyanda has written to Attorney General Mumba Malila protesting over Enoch Kavindele’s moves to seek audience with President Sata regarding a case in which he has been sued for libel.
The case originates from comments published and attributed to Mr Kavindele who in October 2002 as Vice President alleged that Brigadier General Miyanda had a hand in the road accident in which Mr Mwanawasa sustained serious head injuries.
This is a libel case filed in the Lusaka High Court on 27th February 2004 following the publications in October 2002 authored by Mr Kavindele.
Brigadier General Miyanda contended that the publication was to impute treasonable acts on his part in spite of the final judgements of the High Court and Supreme Court in the 1980 Treason Trial.
He further contends that the published imputations also tend to dispute the findings of the report of the Commission of Inquiry into the Mwanawasa road accident which dispelled any assassination theories.
In a letter dated 4th March 2014, Brigadier General Miyanda contends that the attempt by Mr Kavindele to seek audience with President Sata is a fishing expedition.
He said he objects to the request by Mr Kavindele to involve President Sata at this late stage.
“My objection pertains to a verbal Application to adjourn which was made without notice on 25th February 2014 by his lawyer Mr Clavel Sianondo of Messrs Malambo & Company. His application was supported by the Chief State Advocate, Mrs M.C. Kombe, who confirmed that the Attorney General advised Mr Kavindele to engage the President. Mrs Kombe has conduct of this matter on behalf of the State,” Brigadier General Miyanda’s letter read in part.
He added, “Mr Kavindele’s lawyer wishes his client to give evidence which requires presidential authority. Consequently he approached you for advice. This has taken the matter outside the court’s ambit.”
Brigadier General Miyanda maintained that pleadings closed after Mr Kavindele had filed his defences.
“On 1st November 2013 the case was adjourned to 25th February 2014 for Hon Kavindele to begin his defence. On 25th February his lawyer applied for an adjournment for his client to go and meet the President to obtain authority to give evidence touching on paragraph (iii) of his Defence. In my Evidence-in-Chief on oath I never raised any security issues and neither does his Defence at (iii) raise security concerns. This paragraph reads as follows; “…The 1st Defendant will further aver that the following facts are true, (iii) that the Plaintiff is the only person, whilst serving as Vice President of Zambia in the third Republic who ever addressed the nation on radio and television in the absence of an incumbent President”. The Attorney General should not assist him in this State House fishing expedition.”
“At the time he published the libels, Hon Kavindele was the substantive Vice President of Zambia. However the State disowned him and declined to represent him,” he wrote.
Brigadier General Miyanda stated that at the close of pleadings, no security concerns were pleaded, instead Mr Kavindele pleaded justification and not security.
He wrote, “Your office should not be siding with one of the parties at this late stage. The least you would have done was to refuse to grant him audience in my absence as he is NOT your client. Further the State’s filed Defence is clearly against him. So what is the purpose of arranging the meeting with the President? There is no justification for this especially that Mr Siakanondo declined to appraise me of what the security concerns are. Further Mr Siakanondo, supported by your Chief State Advocate, even declined to indicate the concerns to the Court, other than that his client had sworn an Oath of Secrecy!”
He further wrote, “Please do not assist Mr Kavindele in his time-wasting escapade but let him and his lawyer stand by the Defence as pleaded. During cross-examination the Defendants did not bring up the issue of “security concerns” and no suggestion regarding security aspects was made. So this is a mere after thought. By the way I am unrepresented.”
He observed that Mr Michael Sata who gave oral evidence to the Commission of Inquiry into the road accident on 10th February 1992.
“He is a potential, though not compellable, witness in this case. His evidence spoke volumes and will not advance Mr Kavindele’s case. Let us avoid embarrassing and suspicious procedures. Please DO NOT take my complaint lightly; at least on two occasions Mr Kavindele has threatened me that by the end if this case he will destroy my political career. Do not help him; let him bring up his own credible evidence as pleaded by him,” he wrote.
Brigadier General Miyanda, “If it is really necessary for Mr Kavindele and his lawyer to have audience with the President, then please ensure that I am included in the discussion as he is NOT your client. Better still, let him bring this matter up in Open Court for argument before troubling the busy President!”
Mwebantu let us learn to forgive one another.
Forgiveness will only start when Sata accepts forgiveness from Sossala and Litunga. Only then will Sata will start to preach for forgiveness to Zambians. Can you imagine atmosphere on a meeting of Sata, Kavindele, and Miyanda?
@Nostradamus,
Maybe you are asking too much, lets maybe start with a small forgiveness, let Sata forgive the young father bwalya for speaking the truth on radio mano,,, that truth which father bwalya spoke caused alot of pain to Sata
Imwe stop this nonsense! somebody please bit.ch slap Miyanda!
Euro: Without the issue of legal fees, Gen Miyanda would have forgiven Kavindele along time ago. Manje, who is gonna settle the legal fees accumulated so far?
Please don’t bring up these things again!!! Yesterday, LT advised me not to comment on Gen. Masheke’s wailing.
Too much water under the bridge… Healing wounds are better left to continue healing.
We can forgive but not forget. Thats human nature.
this is a non starter..who cares..
It’s hard to forgive others. O God,Amen your mercy in order that we can forgive others. AmeeAme
It’s hard to forgive others. O God, give us your mercy so that we can forgive others. Amen.
If I comment on UPND, and such like, my email is NOT valid, and you therefore decline to publish my blog. So now I conclude LT is compromised.
I totally agree. LT used to be a very descent site until it was invaded by tamba imbwa bloggers. They re behaving pretty the same galu site does. All pro upnd comments are published including insults towards the Republican President.
My post is awaiting moderation as usual
WHO KILLED LEVY?
Hehehe…You’ve made my day!
he had stroke. why are you asking? where you not born by then
AFTER 22 YEARS OUR ATTENTION IS BEING DRAWN TO AN ISSUE WHICH SHOULD BE DEAD AND BURIED.
MIYANDA IS AN INTELLIGENT PERSON BUT WITH NO POLITICAL ACUMEN. HERITAGE PARTY, WHICH ESPOUSES SOME OBSCURE “VILLAGE CONCEPT”, IS ANOTHER WASTE OF POLITICAL SPACE AS IT IS OF ONLY NUISANCE VALUE AND DIVERTS FROM THE VERY SERIOUS POLITICAL QUESTIONS OF THE LAND LIKE THE CONSTITUTION.
MIYANDA SHOULD JOIN THE MAJOR OPPOSTION PARTIES AND REPRESS HIS MASSIVE EGO.
Given that Miyanda refused to register his simcard, does it mean that now he has no phone? His argument that sim registration gives personal details to phone operators- some of which are foreign is funny. I mean does he have no bank account with foreign banks e.g. Stanchart? The man lives by arguments.
Weather you register you sim card you cannot hide. Everyones privacy is compromised because your position is being recorded in real time as most modern phones have GPS functionality
Njolomba, i.e. only if you leave that functionality ON!! That applies to Smart phones only!
The rest can only be roughly located by traingulation!
Rather “Triangulation”
Kavindele should face the full brunt of this libel case for his idiocy which apparently exhibits itself in a lot of Zambians. President Sata if he is man enough, he should not entertain this criminal, hangers-on called kavindele. Let this criminal pay the libel expenses just like mmembe will pay back 14 Billion. Justice – period.
You are right. Zambians have loose mouths. They are given to making unsubstantiated and wild accusations. He must put up or pay up. Sata himself is not not above such behaviour.
What’s the story here? I cant give a conclusive comment because I have no idea who is sueing who and for what! As far as I know Mwanawasa is late (GRHS), he cant be there to defend himself or give evidencepertaing to this case!
My question is, why now and what shall it gain a man to dig up the dirty of the last century? ummmmmm…… really interesting if I may say!
Umulandu taubola.
There is a question above ati “nina aipeye Levy?”.
Even today there are law suits and investigations on “who killed Jesus Christ”. There should be justice.
If the case is in the courts, why is Miyanda making comments about the case? It is simple things like this which can sink the whole case! If he has questions to ask, he should ask them in the court not on newspapers.
MWANAWASA is DEAD already and now turning in the grave because SATA is the president of a poverty stricken nation called Zambia, miyanda and kavindele just meet and talk about how you can merge to form a formidable opposition
Yes Sata Killed Mwanawasa,This !D!ot must be removed from power for criminal offence.
Opening a can of worms! Let the truth come out in the open.
Weird culture of killing political opponents. Zambia has seen too much of that. LET IT ALL OUT!
BA Miyanda nabooo! iiiiiiii’ Kwati tamupepa sure? Please let LP Mwanawasa rest in peace twapapatapo mwebo
Stop this nonesense ba boss