Green Party Presidential Aspirant Peter Sinkamba last week on Friday filed a Petition in Kitwe High Court seeking a Court Order to declare as unconstitutional Government’s failure to pay him US$323,560.00 which he is owed by Government.
Mr Sinkamba contends that failure, refusal and neglect by Government to pay him is at the instigation of or with the consent or acquiescence of the Attorney General.
The payment is in respect of part of the work he did as a Consultant to establish and operationalize the Environmental Protection Fund (EPF) for the Ministry of Mines in which more than US$20million has so far been deposited by mining companies.
In his Affidavit in support of the Petition, Mr Sinkamba has stated that he is standing as a Presidential candidate in the 11 August 2016 Elections and that he not funded by the Government or anyone else and that his intention has always to use part of the funds Government owes towards his campaign in these elections.
“That I am standing as a Presidential candidate in the 11 August 2016 Elections and I am not funded by the Respondent or anyone else and my intention has always to use part of the said audit fees towards my campaign in these elections. The actions of the Respondent of denying me payment for the work I did for the Government is depriving me of the opportunity to compete effectively in the elections and depriving me of my rights as a citizen,” reads the Affidavit.
“Failure, refusal and/neglect by Government to pay the Petitioner the aforementioned fees, at the instigation of or with the consent or acquiescence of the Respondent, is unduly frustrating Petitioner’s political rights, privileges, and benefits of citizenship, particularly his right to be elected President of the Republic of Zambia, considering that the Petitioner has been validly nominated to stand as a Presidential Candidate in the election scheduled to be held on Thursday, 11th August, 2016, and has earmarked to apply a portion of funds for his election, and time for the campaign is running out,” Mr Sinkamba contends further.
He has argued that failure by Government to pay has unduly inflicted mental torture, including degrading and like treatment, contrary to Article 15 of the Constitution.
Further, he has argued that the failure has unduly stifled his self-reliance initiatives, investment plans, as well as his employment and wealth creation efforts, contrary to Article 10(1) of the Constitution.
Furthermore, he has argued that the failure has unduly spoilt his economic empowerment opportunities, and regressed his capability to contribute to sustainable economic growth, contrary to Article 10(2) of the Constitution.
Mr Sinkamba wants the Court to order Government to pay his fees forthwith, with interest at the ruling Bank rate.
He also wants the Court to award him damages and costs and any such other relief that the Court may deem fit.
The Court is yet to set the date for the hearing of the Petition.