The Post Newspapers is owing over K 187 million to creditors.
According to creditors list released by Post Newspapers Provisional Liquidator Lewis Mosho of Lewis Mosho and associates, the newspaper company owes among other entities Investrust Bank Plc, NAPSA, Development Bank of Zambia and the Zambia Revenue Authority.
The list shows that the 187 million excludes employee claims.
And Mr Mosho has written to Inspector General of Police Kakoma Kanganja claiming that the Mast Newspaper is infringing copyright owned by the Post Newspaper.
He claimed that some unscrupulous people have rebranded the Post Newspaper as the Mast and are publishing, selling and marketing the newspaper under the name of Mast.
“Publication of the Mast constitutes copyright infringement of the Post Newspaper (In liquidation) and violates the Copyright and Performances Rights Act of, Chapter 406 of the Laws of Zambia. The activity also amounts to fraud on the creditors of the Post Newspapers in liquidation,” the letter read.
Mr Mosho has since asked the Office of the Inspector General to investigate the matter of all persons involved in the production, publication and distribution of the Mast Newspaper.
KK was not sues for changing name from Northern Rhodesia to Zambia.
All debts by Northern Rhodesia & Barotseland were written off. Zambia had nothing to do with it.
All it takes is for Post to file for Bankruptcy and all the dept will be registered as bad debt and will not be sought after. Law is great. Now the Liquidator has to deal with this since they hurriedly placed the Post under receivership. Mmembe will continue under The Mast. This is the case where emotions played a major role that reason.
Incredible and embarrassing my Fred.
Thanks
Bb2014
Mmembe thinks all Zambians are dull especially those who continue to be hoodwinked by his manipulations.
Just lock him up for the debts to ZRA.
I think Lewis Mosho is now being driven by emotions. He should focus on the Post. The Mast is a different company baba. You were too much in a hurry!
Thought this Mosho fella is a liquidator he seems to be all over the place over this issue. Besides I am wondering why he is going to the press over any information he has about this issue. The Post is owing and just do your job as a liquidator bwana….. leave the rest to others ….this enthusiasm is it the first time you have been appointed liquidator ??
The transition of Northern Rhodesia to Zambia was done by agreement.
It was through the agreement that debt was cancelled.
Who did M’membe agree with to have the Post debt cancelled.
I would be very interested to know how you succeed in comparing Oranges and Fish, or Mangos with Eggs.
This Lawyer is very s.tupid and thick, For bank to give a loan to a company or business it means that company or business is viable and able to pay back the loan, ZRA closed the post and not the banks.
This just shows that the post was a viable business which was able to obtain loans from banks, Go to any bank and see what measures they put in place before they give you a loan, They do not just give a loan to every jim and jack how turns up at a bank, Think again Mr. EL lawyer you are being used. We all owe a bank or some one some money but as long as we can afford to pay them back on agreed terms, Then there is nothing wrong with that, These banks did not cry foul until ZRA showed up.
Low IQ among lowyers! News stories are not copyrighted. Also the look and feel can be argued about. Colour and fonts? Personnel? Did the PFost register any of that with Pacra? I don’t think so. This liquidator, like all lowyers, is just fishing for legal battles.
@ 1.7 flag muntu wandi,
You seem to have no background.
These are old Loans which were gotten during Mwanawasa time.
Through a corrupt arrangement between Mwanawasa and Magande, who allowed M’membe and Nchito not to be paying tax, and landing fees to NAC at the airport. You thought Mwanawasa was clean!!
They also influenced the ZRA, NAC, DBZ and ZSIC not to follow up the Post until further notice . As a result Mwanawasa in his 2nd term became the hero of the Post.
When RB came in 2009 he instructed the institutions to do the right thing by treating all business the same. NAC, ZRA, DBZ and ZSIC began to pursue the Post. The matter was taken to court, Judges ruled that Post pays back. RB was hated by the Post and labeled names.
Sata appeared, and made the same bond…
Sata appeared, and made the same bond Mwanawasa had with the Post. Sata formed tribunal to reverse the court ruling. Sata became a hero of the Post.
Now, Lungu came and said the outstanding taxes any company owes must be collected; no sacred cow. And this is where we are.
Do you now know where we are?
ZRA should hit these guys hard, in fact they should start persuing businesses that are engaged in similar activities. Fraud in Zambia should not be tolerated. Just the other day, we were discussing how IMF impose unfavourable conditions on developing countries like Zambia. Well, this is your answer. We should not allow fraudsters to roam around freely without consequences. This kind of behaviour brings nothing but suffering to innocent employees who end up losing their jobs by such careless acts. In the end, it’s the Zambian tax payer who picks up the bill.
There is a colored woman “ZORA” in Villa Elizabeth who rents out 10 flats on “Polonari Rd” at 1500 US-Dollars EACH per month, plus a big house on the same plot without issuing any reciepts to the tenants. She also has other properties in other areas in Lusaka on rent without paying taxes.
@Exposer,
When she is caught evading tax, she will be treated the same way as the Post.
Now, I am not sure how valid one’s point would be, after being caught, to say, “I am not the only one who steals; there are many other thieves”. Would the preceding statement help anyone in court?
I am not sure how helpful it would be for a thief to say, “Don’t jail me, unless and until you catch all the other thieves in the country because I am not the only one who steals in this country.”
I know we reason differently, that is why we have different points in views. But, of course, with respect to a tossed coin if it falls flat there can only be one side up. If two people claim the opposite, surely one is wrong and the other is right.
“Publication of the Mast constitutes copyright infringement of the Post Newspaper (In liquidation) and violates the Copyright and Performances Rights Act of, Chapter 406 of the Laws of Zambia. The activity also amounts to fraud on the creditors of the Post Newspapers in liquidation,” the letter read.
Was the design and structure of the columns copyrighted? If the creators of the Post are the creators of the Mast, can you stop them to create something under a different platform? The design and colours of a newspaper cannot be copyrighted. The name and publication can be. You cannot tell Dunlop not to produce a round black tyre just because Michelin has produced them. Think again Mosho think. You were too quick to enter into the useless deal.
Yes the law can stop them. It is basic corporate law that a limited company is a separate person from its promoters (shareholders). Meaning, the assets; including intangible assets like patents and copyrights belong to this ‘person’ called The Post newspaper and not the so called creators whose benefit from the company should be in form of dividends if the company was profitable. Moreover when a company is in liquidation the shareholders lose control to the liquidator who acts in the interest of the creditors and general public. Therefore the so called ‘creators’ of the post will be held liable if proven to be illegally using the ‘assets’ of the post in liquidation.
As for imitating the color and design of the paper I strongly believe the courts of law will consider whether the…
@ Mama Dunlop and Michelin are 2 different manufacturers and different owners with completely different employees. The Post Newspapers and the Mast Newspapers have the same owners and same employees which surely is a fraud
Fun… it’s true most of us Zambians have lower IQ compared to the rest of the planet Earth. So what copyright are The Mast infringing upon? Writing the newspaper’s stories or the fact that they have similar colours? They will have to prove copyright infringement for this to pass the test at law. And this is hoping that ‘The Post‘ registered any of those IP with relevant authorities.
As for owing creditors, nothing surprising here… all corporations have debts and creditors, that’s how they operate. Even banks owe lots of money to other institutions; heck even our country owe lots of money. So what’s the point of releasing this to the media. What about publishing the companies that owe The Post some money and the assets they own?
They are really trying to fix…
Your statements put you at high risk of you being your own victim.
If IQ in your view implies a lack of understanding (as you seem to imply) or a lack of knowledge or capacity to correctly think, then the risk is even higher for you to fall victim of your own words.
Be informed that symbols, colours, artwork, including motos, and special trademarked phrases are constituents of copyright.
So if you did not know the preceding, I suggest you revisit you statement on the IQ concept, because anyone’s thinking about any issue will base on facts and knowledge about the issue resident in them.
Your IQ will not be exhibited in the lack of facts and knowledge.
While all those aspects are interesting, intellectual property (IP) is extremely difficult to prove especially in failed status line Zambia. The liquidator will have to prove that the look and feel of The PFost were registered with Pacra. Knowing how lazy most Zambians are, what must have been registered would be the most basic. And then the liquidator must prove that the Mast is impinging on that IP. Thirdly that there is loss of value to the PFost by the Mast doing what they are doing. Considering that the names are quite different and that the liquidator may not even be considering resuscitation of the title, he is just barking up the wrong tree by trying to stop Mmembe earning a livelihood by doing what he understands best.
Some people think IQ makes them wiser than others. There are also those who want to claim that they have a higher IQ because they did natural sciences or engineering but not sociology. A waiter can have a higher IQ than a doctor. IQ is about a person’s reasoning ability but even then this has been contested and we are only stuck with IQ because we are yet to come up with an alternative
I think the starting point on the legitimacy of the Mast or otherwise is the legal entity under which it is operating. Has a company been registered with PACRA? If so what is the nature of the business, who are the directors, what its registered busineses. These should be easy enough questions to ascertain. Once that is done then a legal opinion can be taken as to whether it is actually the Post masquerading as the MAST (or is vice-versa) in which case the promoters of the Mast (Mmembe) will be in breach of the Liquidation order as they will be usurping revenue that should be accruing to the Post and used to liquidate its debts. I don’t see how the Mast can operate without a legal entity as it has to enter into contracts with its suppliers (even if it owned its own printing press it need…
How can the Mast usurp revenue from the Post when the Post has not been operating for several months now? Since the name is so different, any look and feel issues can be cured by changing the font and colours and layouts.
And so the little man hiding behind a cap was actually a crook? Well now we understand the constant rantings. A man with red ants up his pants is seen constantly shouting. Let the PAST file for bankruptcy if they so wish indeed the debt will be declared bad however with that comes consequences . But as usual Fred is in the good counsel of the failed ex Dpp who first got him into debt with the ailing Zambia Airways it too wasnt paying taxes
Fred soldier on. Be strong and continue the great fight. The great lord is with you. They will try but will not sucessed when acts are against God’s people. I might not agree with you on a lot especially how you teribly damaged HH’s image with a false tribal tag but one thing we all respect about you is: fearless and courageous.
Invest trust bank is facing problems and it saddens me to see the much vaunted Mmembe is one major cause of this problem. And Upnd want to use Mmembe to help them get to State House?
If the debt to Invest trust was being properly serviced then it was not a problem. Its not how much you pwe but your ability to pay. Was the debt in arrears? we dont know that.
This debt am sure dates back to Mwanawasa ‘s days. Zambia Airways was run by young pilots and aircraft technicians mainly Zast graduates and some from ZAF. It was efficient and its staff very courteous. Enter Mmembe and Mutembo and all hell broke loose. The original directors were hounded out and some of those who resisted died mysterious deaths.
They are too late. They should have invested in a newspaper.MMD and PF did that as part of their election campaign strategies
ZRA. THERE ARE MANY MINISTERS ETC RUNNING BUSINESSES AND NOT EVEN REGISTERED. FRED MAY OWE SOME MONEY BUT WE CAN ALL SEE THAT HE IS BEING VICTIMISED FOR TELLING THE NATION THE TRUTH. BE FAIR PLEASE.
@ kUBWEKA
MMEMBE DOES NOT KNOW THE MEANING OF THE TRUTH
MMEMBE IS A CROOK
HE IS A VICIOUS HATER
HE MANIPULATES GULLIBLE ZAMBIANS AND PRESIDENTS
HE DOES THINGS FOR SELF INTEREST
ASK THOSE WHO HAVE WORKED AT HIS GUTTER PAPER
“THE MAST” WILL SOON BE “THE PAST”
How about NAC, did they pay those charges they owed the National Airports Corporation?
There was also the issue of ZSIC loan which they got together with Mtembo Nchito.
I said it earlier, that the ex-employees are just but one of the claimants.
M’membe has always got money from people and institutions and has not had the willingness to pay back.
Stealing is in many ways; one of them is by armed robbery, mere snatching, etc. and the other is the one where the thief pretends to be borrowing, with documents signed, but later refuses honor the agreement.
Of course the other is through tax evasion.
I don’t see the point of the liquidator publishing an incomplete list of creditors. Is this the first liquidation that these PF amateurs have carried out? A complete statement of assets and liabilities is what everybody wants at this point. This is no longer a case of rubbishing Mmembe or trying to justify the liquidation. If the order has been given then it’s done. This is not the time for games.
This thing of saying this one “hasn’t paid so should Mmembe ….is not only childish and mischievous but a poor diversion from the real issue. If you found with AIDS you don’t say that even your neighbor has it….no you feel the pain as an individual not collectively.
There is this sickening tendency in Zambia were we praise and idolise thieves, fraudsters, cheats and the like, sadly so even politicians do this. We need to change our attitudes. When one steals or defrauds, this requires condemnation from all and sundry. Mmembe is not a god.
THAT IS THE MORE REASON BUSINESS SHOULD NEVER MIX WITH POLITICS. I REMEMBER AT ONE POINT WHEN CR HOLDINGS BUSES HAD A NUMBER OF ACCIDENTS, SOME GOVERNMENT WING WANTED TO REVOKE THEIR LICENSE BUT WHEN THEY SHOWED THE LIST OF CREDITORS, THEY WERE GIVEN CHANCE TO OPERATE. JUST LOOK AT HOW MANY COMPANIES ARE AFFECTED BY ONE PERSON’S DECISION. LETS LOOK AT THE BIGGER PICTURE & STOP POLITICIZING EVERYTHING. THE PEOPLE WHO WORKED AT THE POST HAVE FAMILIES, THE VENDORS WHO SOLD THE PAPER USE TO EARN A LIVING FROM THERE. ZRA! DO U REALLY HAVE TO KILL THE COW FOR NOT GIVING U 50 LITERS OF MILK EVEN THOUGH IT STILL GAVE U 35 LITERS?
AS A COUNTRY WHAT ARE YOU GOING TO GAIN BY CLOSING THE NEWSPAPER? YOU WILL GET NOTHING, YOU SHOULD HAVE MADE AN ARRANGEMENT FOR THE NEWSPAPER TO PAY BACK THE MONEY.
1mbeciles above were you born today for not knowing how Fred ditched all the plans to settle the debts. Sata even store from the national cofas just to offset some debt the 1diot called Fred owls govt. Instead of the full to abide by the plan he rushed to all the courts and finally lost the case in the supreme court were he was ordered to pay or face zra sunctions. Am surprised that some cunts here are in support of a crook.
The MASK is THE POST. PERIOD. The mask has new owners and new employees and everything. It’s just like you purchase a house, then you decide to renovate or paint it. But still remains the same house. NO DEMOLITION AND RE-BUILDING FROM SCRATCH WAS DONE. SIMPLE AS THAT.
I thought the premises, printing presses and other equipment were taken over by ZRA. This is clearly a completely new paper with its new operations.
I love that movie,The Mask, fantastic comedy. Fred is a clown exactly from the movie
Miriam Webster defines a POST as
1 : a piece (as of timber or metal) fixed firmly in an upright position especially as a stay or support : pillar, column
2 : a pole or stake set up to mark or indicate something; especially : a pole that marks the starting or finishing point of a horse race.
MAST as:
1 : a long pole or spar rising from the keel or deck of a ship and supporting the yards, booms, and rigging
2 : a slender vertical or nearly vertical structure (as an upright post in various cranes)
Kikiki kikiki….
In the end mistakes will be made by thone pursuing. All are clever. Agreeing on a win and win formula can do…
Government shall also lose. Even a winner in a fight or war loses something. You can’t inflict heavy losses on an enemy without having had lost…
We have said it before and we shall say it again. Akalema takaleka! Fred and his minnows like the failed Ex-Dpp took everyone for granted. What you are reading of their indebtedness is only a tip of the iceberg. It is said the gods first makes mad those who they seek to destroy. Fred and his pen made him mad he called everyone names, disrespected authority, ridiculed anyone who stood up to him. But the end for such people is never good. Fred Namakando would have you believe he is a victim of press freedom. When in fact he is his own worst enemy. He bought cars, trucks, etc. often mortgaging his ‘assets’ twice over, but refused to pay his workers, taxes etc. His end will not be good.
@peace of Zambia,
Thanks for the information. All along I thought mwanawasa was a Hero and RB a bad person. What you said maDe a lot of sense. Sorry RB.
They just want to finish Mmembe completely. They know the man behind the Mast Newspaper is no other than Mmembe himself
M’membe was using what we call in Bemba ” umulilo uchingile abakulu taoocha”. This is because he had the protection of President Levy P. Mwanawasa and Micheal Chilufya Sata at different times. This kind of power corrupts absolutely. With impunity he avoided paying taxes and borrowed heavily even when his firm had no capacity to repay, just because he had powerful voices to back him. But like the good book states and I quote, ” I have seen everything that is done under the sun, and behold, all is vanity and a striving after wind.” Ecclesiastes 1: 14.
Now it is time to own up and no more holding state house at ransom which is the epitome of corruption!
TO BE FRANK ZAMBIA IS BECOMING ROTTEN.WHY SHUD THE LIQUIDATOR START DISCLOSING SUCH INFORMATION TO THE PUBLIC TO ACHIEVE WHAT.IS THIS LIQUIDATOR A LAWYER OR WHAT?THIS IS NOT NECCESARY THERE ARE SO MANY COMPNIES THAT OWE ZRA THAT HAVE NOT BEEN CLOSED DOWN AND ALSO PUBLISHED .PLEASE MR LIQUIDATOR STOP THIS CHILDISH
You can t be Frank. He just divorced. No woman wants him now
politics of good old friend at play here,the case of RB
Well are this not a couple their assets must be frozen till ZRA is paid no one should be able to do business or they must pay their debt first and then open the Mast.