THE Lusaka High Court has entered a default judgment ordering University of Zambia (UNZA) lecturer Mathias Mpande to pay Finance Minister Alexander Chikwanda damages for defamation of character.
Deputy registrar Charles Kafunda, who entered the default judgment on Friday, said Dr Mpande should pay Mr Chikwanda damages but the amount would be assessed by the court.
Mr Kafunda’s default judgment comes in the wake of Dr Mpande failing to put up a defence concerning the allegations slapped on him by Mr Chikwanda.
This is in a matter in which Mr Chikwanda had sued Dr Mpande seeking compensatory damages over his remarks that the minister lacked nationalism and understanding of economics when dealing with mining issues.
Dr Mpande’s remarks against Mr Chikwanda were published in The Post newspaper’s story headlined ‘Mpande questions Chikwanda’s mining decisions’, which article the minister felt was defamatory.
Mr Chikwanda wanted the court to order Dr Mpande to pay him damages for libel and other relief that the court deemed fit.
Mr Chikwanda said that on about August 5, 2014, Dr Mpande, who is a mineral economist and lecturer in the School of Mines at UNZA, caused to be written and published on the front page and on page 4 of The Post newspaper an article slandering his character.
He said the remarks by Dr Mpande, who is also Senior Chief Mpande of the Mambwe-Lungu people, in the story were, in their natural and ordinary meaning, understood to mean that he was an unpatriotic Zambian.
Mr Chikwanda said the words were also understood to mean that he was ill-educated in economics, ignorant and, therefore, was not qualified to serve as minister of Finance.
But in his interlocutory judgment in default of appearance, Mr Kafunda ordered Dr Mpande to pay Mr Chikwanda damages for libel, costs of the proceedings and any other relief.
Mr Kafunda said the money to be paid to Mr Chikwanda would be assessed by the court.
if any one can know where to find wanzelu, the guy has insulted ba sata too much.
Kudos and Gen. will be identified one day and be charged for their language against HH. Those guys have annoyed many people by their consistent (regardless of party affiliation) dehumanising language against someone who is not able to defend himself because these dangerous cowards are like snipers who do not give the target a chance to duck or shoot back.
Each day that passes gets closer to when your masks will fall off. I have no quarrel with Mushota because all s/he does is to praise the PF esp the President. S/he does not go into those nauseating descriptions attributed to HH. I am sorry, those 2 thugs just go to far. Even Hitler did not use their language before killing them.
@ let me say this
I challenge you to state your phone number and email and will get in touch with you.
I have no regrets describing your HH the way I do. Thats exactly who he is and will keep the masses well informed about this villain, scoundrel, a desperado, and a nasty piece of creation who pretends to love Zed.
HH does not have a heart for his party, how do you expect him to love the whole country? He has shredded and single handedly mutilated UPND and thats a person you can entrust our nation with? whats his development agenda if he has any?
If you want people to listen to you, tell them what you will do differently for them instead of just opposing and opposing. You have none
So just shut your tribal regional and selfish beak.
@1.1 Let me say this…… God forbid you and HH have plans of prosecuting all those that speak against HH if he won the presidency! Its sychophants such as yourself that abet dictators! We are getting rid of such elements in the 6th Republic!
This is a symptom of an uncivilized country. How can saying that a minister is incompetent be defamatory?? So in Zambia you can’t say anything negative about the upermwamba’s . What a rubbish country. Some of us would always be in trouble with the law in a country like Zambia because we don’t agree nor respect the quality and quantity of leadership that currently prevails in Zambia. Actually there is no leadership. Zambia is surviving just because of proximity to South Africa and the help she receives from China. On her own she is a failed state with a tribal ailing dictator at the top.
Excellent judgment. This will serve as a warning to some ldiots who still think they can slander someone without facts but just out of hatred!
Ba Lusakatimes, Do you realize that the picture does not reflect the contents of the article. Please try to use pictures that match with the story. I thought that picture shows Chikwanda at Court. This is poor reporting
That picture looks like some BANK ROBBERS checking out how to raid the bank!
The doc has chickened out.He was defaming someone from a point of malice.He is now going to pay the minister because of his careless talk that holds no water.The man is already rich and more money will be put in his pockets.That is what careless talk can bring.The doc wanted to please the masses with facts.It is a big shame!!
It is sad that as an educated person like Dr mphande should have known better that the VAT rules have been in place well before the PF confused government.
People should understand our court processes. The Doc and Chief Mpande is just playing on the mind of this minister who designs policies to export soil. Remember HH was issued with a bench warrant in the defamatory case in Kitwe. Where is HH? Is he serving a sentence? I’m sure the Doc and Chief Mpande is laughing and drinkin tea over this issue.
The Chief and Doc has a very good defence in my views to defend himself.Just watch the space. All this nonse will be reversed. How many people is he going to sue? He has also drugged Father Luonde to court. Does he expect people to stop critising his useless policies. He will end up suing the whole nation one day. That office is very sensitive and he should expect a lot of criticism now and in fututure.
The bench warrant was withdrawn against HH – that is why he is not serving a sentence. I believe you stopped following the news after it was issued.
@ Kavuyi, you’re very right. Defamatory claims by polititcians especialy those in govt are very easy to defend. Chikwanda is a public figure over which Dr. Mpande is entitled to a public opinion.
So many defences to this action (Justification, public opinion on a matter of public interest, fair comment and mostl likely roll-up plea can apply)
This decision will be reversed if he opts to defend his position.
Chief / Lecturer , only in zambia
Dr Mphande, ask from the Post for some money to pay. i suspect you were being used by the post by being told what you should say. nevertheless, i think i agree with you that we should not just be refunding anyone from our treasury without validating the source of documentation
The Chief is busy with his subjects in Mbala. He will just come and apply for a stay for a period of 3 months. He will tell the court that he was in village attending to his subjects and apply for a stay to prepare for his defence meanwhile time will ticking out for PF. He will then go back to his village and influence his subjects never to vote fo PF. So there is nothing to execite any one out of this judgement not even Chikwanda.
Very good ruling, the next numbskull we will sue is wanzelu and co.
@Kavuyi please criticize “constructively” and not maliciously in the hope of getting the job yourself no.
Dr Mathias Mpande, former cabinet minister in Chiluba government. Went back to teach at unza, maybe because the chips were down. Whence to source the money to pay Chikwanda?
He is not a professional politician. Like most western politicians, he had another activity to fall back on. I prefer such a person despite his current state of affairs…
The judgement is ill conceived and one sided without narrative from the other side. At best Dr Mpande should have been cited for not appearing before the court. To mate judgement based on non appearing of the defendant and worse without stating the reason for his absence is in itself injustice. We infer the reason for Dr Mpande not to be bothered about it is that his comments were more of a challege to Chikwanda who needed to prove in results. Truth is that Chikwanda is not aligned himself with today’s economic dynamics. The complexity of current geopolitical landscape that is ever changing requires management complexity solutions. These require knowledge in innovative and creative thinking with timid quantitative easing. Much of this is new to Chikwanda, may be Dr Mphande was right.
It is embarrassing that a Dr. who put up such a ferocious accusation in the Post Newspaper has failed to defend himself. Ba Chikwanda was very clever, he simply sued the Dr and not the Post that carried the story. He knew that if the Post was joined to the case, he would be in trouble. Now, I think the Doc should engage the post to dig some evidence out and then appeals the judgement so he can defend himself successfully.
ZWD has abused many people.Since the UPND chap Kakoma lost elections to Christabel,they have been very bitter.They have published a defamatory story on the PF MP just to tarnish his name so that Sata does not appoint her Minister.ZWD is evil and one day HH will pay dearly for this useless website.
could not afford a lawyer ” Best is to resolve it under tree (village style) and ask for leniency from chikwanda so that you don’t become bankrupt. the sponsors abandoned you at a crucial moment. Lesson – do not start a fight you can not win.
MPANDE’S CREDENTIALS AS A MINERALS ECONOMIST ARE ALSO QUESTIONABLE. THE MAN IS A MINING ENGINEER WHO COMMENTS ON MINERALS ECONOMICS ISSUES JUST LIKE ANY CITIZEN.
HIS PROBLEM IS THAT HE CANNOT BACK HIS ACCUSATIONS OF OTHERS!!
Dr Mphande, I thought a doctorate means education am I wrong? Dr Mphande and Father Luonde used by the Post and dumped like tissue. They expected the Post to help them with legal fees, keep dreaming boys! The Post has even abandoned the VAT topic after being exposed for what they are. I hope this setves as a lessin for those who are gullible enough to allow their mouths to be displaced in the Post.
Spot on…what next doc?
Why is the ZWD followed and yet disliked?