THE Lusaka High Court has ordered Minister of Labour and Social Security Fackson Shamenda (left) to pay Dangote Industries Zambia Limited over K112,000 for defamation.
But when the matter came up yesterday, lawyer representing Dangote Industries Armanda Theotis applied for adjournment because the cement company and Mr Shamenda wish to settle the matter out of court.
High Court deputy registrar Charles Zulu has ordered Mr Shamenda to pay Dangote Industries Zambia Limited K112,042.84 for not appearing in court and failure to file any defence.
This is according to an interlocutory judgment in default of appearance and defence signed by Mr Zulu on Wednesday.
In this matter, Dangote Industries Zambia Limited had sued Mr Shamenda demanding aggravated damages for alleged slander and libel after he accused the cement company of trying to bribe him last year.
“The defendant having not appeared or delivered any defence to the writ of summons and statement of claim, following the expiration of the conditional memorandum of appearance and the defendant’s failure to amend his application to set aside writ of summons for irregularity.
“It is this day adjudged that judgment in default of appearance and defence be and is hereby entered in favour of the plaintiff and against the defendant for special damages in the sum of K112,042.84 to be assessed by the deputy registrar,” he said.
Mr Zulu further ruled that an interlocutory judgement be entered against Mr Shamenda in favour of Dangote Industries for damages for general damages for slander he published.
Mr Shamenda is alleged to have published the slander in the presence and hearing of the Labour Commissioner Cecilia Kamanga, Mineworkers Union of Zambia (MUZ) president Nkole Chishimba and his general secretary Joseph Chewe, Workers Compensation Fund Control Board public relations manager Maybin Nkolomba, Patriotic Front (PF) members and various members of the local press present on September 13, last year at a meeting held at the company’s premises in Ndola.
The court also ordered that Mr Shamenda pays general damages for libel he caused to be published in the local media on September 15, and October 1, last year.
Mr Zulu also ruled that the minister pays aggravated and exemplary damages for slander and libel and interest on the money at current bank lending rate.
But Dangote Industries’ lawyer Armanda Theotis applied for adjournment.
“I have an application to make for an adjournment, reason being that I have received instructions from my client that they may want to resolve this matter amicably and out of court,” Ms Theotis said.
She said she wants to get further instructions on the issue so that she can make an appropriate order if the parties want the issue settled out of court.
The matter comes up on June 12, 2015.
Oweeee,ba shamenda what went wrong?
Very good judgement. Ukubwasabwasa kaShamenda…This will teach you a bitter lesson. You were quick to rush to the media to announce a mischievous statement forgetting that Dangote is not Shoprite or Spar that you can turn back and forth and inside out without consequences.
WHAT WENT WRONG IS THAT HE DID NOT REPORT CORRUPTION HE ALLEGEDLY CLAIMED WAS COMMITTED BY DANGOTE. THIS IS VERY COMMON IN ZAMBIA- NOT REPORTING CRIME. TAKE FOR INSTANCE OUR CORRUPT POLICE OFFICERS AND DRIVERS’ LICENSE ISSUING AUTHORITY- THEY ARE SO CORRUPT AND VICTIMS DON’T REPORT THEM. YOU ARE ALSO COMMITTING A CRIME FOR FAILURE TO REPORT FRAUD, CORRUPTION, ETC CALLED, OBSTRUCTION OF JUSTICE OR SOMETHING. SHAMENDA SHOULD HAVE KNOWN THIS AS AN INDUSTRIAL LAWYER. PLEASE, ZAMBIANS LET’S REPORT CRIME. THE LEGAL SYSTEM MUST BE CONGRATULATED IN ZAMBIA. THIS COULDN’T HAVE HAPPENED IN NIGERIA OR IN KK DAYS- FINDING A MINISTER GUILTY. WE ARE IMPROVING.
….’settling out of court’ means the Tax-payer shall settle this matter on behalf of Shames in one way or another…..
After wasting all this time & taxpayer money with court process, you tell us all you want now is to bribe each other on your own! Shamenda is a shame to humankind.
This is the caliber of a PF appointed Government spokesperson!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
What kind of ID!0TS do we have in charge of this country???
Believe me the *****s in government are far much better than the *****s in the UpDn party. All you have to do is look at statements issued by Dr C Banda and Simusamba among others and you will see what I mean.
Unprecedented ! The ministry in his charge is rendered impotent in as far as custod and inforcement of workers rights is concerned . I can assure the big man will not deliver anymore in that capacity . Move him to another portfolio . It worries me the kind of hands we have in the labour driving seat.
Ba el pliz fire chi dirty shamende….useles minister.