Policy Monitoring and Research Centre Executive Director Mrs Bernadette Deka-Zulu

POLICY Monitoring and Research Centre (PMRC) executive director Bernadette Deka has denied owing Vyansilati Enterprise Limited, a money lending company, over K2 million.

Vyansilati Enterprise Limited has taken Ms Deka to the Lusaka High Court seeking an order that she pay back the K2, 675, 000 debt at 15 percent interest per week from April 27 2019, the date of default.

But Ms Deka, in her defence, said her agent, Peter Malawi, entered into an agreement with the company’s director, Marvin Chibwe, to borrow a sum of K1,000, 000 on January 18, 2019.

She said Mr Chibwe advanced K1,000, 000 to her for a period of one month at 100 percent interest and a penalty of 15 percent per week.

Ms Deka denied claims by Vyansilati that at her instance, she freely and voluntarily requested to enter into an agreement with Mr Chibwe on or about April 9, 2019 where it was agreed that she borrow K2, 675, 000.

She said subsequently, Mr Chibwe and herself executed an agreement purporting that Mr Chibwe had lent her K2,675, 000 to disguise the unconscionable interest rate of 100 percent per month.

She said the penalty of 15 percent per week was illegal and void.

“While the defendant admits owing the principal sum of K1, 000, 000 and reasonable interest to Marvin Chibwe, she denies indebtedness to the plaintiff at all and puts the plaintiff to strict proof.

“The defendant denies each and every allegation in the statement of claim as though the same were herein set out and traversed seriatim,” Ms Deka said.

Earlier, Vyansilati Enterprise Limited, in its statement of claim, said it was a private company limited by shares incorporated and was engaged in a business of civil works, electrical repairs and money lending.

Vyansilati Enterprise Limited said it entered into an express term of agreement which was accepted by Ms Deka and she promised that she would pay back the money in two instalments from the date of the agreement.

“Upon default by the defendant, the said amount could attract interest as at the rate of 15 percentage of the total amount due per week,” it said.

The company said despite numerous requests to Ms Deka to settle her debt with interest as agreed, she had to date failed to make the settlement in part or in full. “Despite our advocates writing a demand letter dated May 23, 2019 to the defendant, she made promises to pay but there has been no effort from her to honour the said promises, causing the plaintiffs to suffer loss of business, profit and inconvenience,” Vyansilati said.

The company wants payment of the money with interest at the average short-term deposit rate per year from the date of the writ to the date of the judgement and thereafter, at the rate not exceeding the current lending rate as determined by Bank of Zambia.

Vyansilati is further claiming damages for breach of contract.

The matter continues.

Source: Daily Nation

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21 COMMENTS

  1. I have said it so many times on this forum that loans are bad for you. Many have died early due to the enormous strain that comes with loan repayments.

    The amount this lady borrowed is large. Did she really need the loan like her life depended on it?

    I feel sorry for her, but the plaintiff will collect in full plus costs.

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    • What Policy does she monitor, if she is can be swindled like that.
      And instead of women lobbying groups and State House ran to rescue her from that rap!st, they are busy laughing at her.
      The girl is a victim of those Lusaka gangs connected to PF.

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    • Does having a free mind make one a cadre? This article is about Bernadette being taken to court over a credit. It is not about politics. Maybe Deka is actually a UPND cadre

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  2. Young women are cold-blooded, calculating or naive. They believe they can use beauty and morphological features to get people’s money and sweet talk their ways out of their obligations. Well just pay and avoid misleading us.

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    • You forgot to prefix the word “some” at the beginning of your sentence. Otherwise your observation is true.

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  3. How can a “think tank” director which is in the business dolling out policy advice enter into a seemingly disastrous financial commitment herself? Wht does this say about the quality of its research?

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  4. Whether its 100% per month or 200% as long as you agreed to those terms & conditions when collecting the money then you have to honour. Nobody forced you to agree to those conditions & you signed of your own free will.

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  5. Since the advent of MMD the Zambian society continues to lose integrity, now even ifimbusa are on the streets selling mwana apeluke. We are a cursed nation due to the high levels of moral decay. How could a person holding such a position even think about borrowing such an amount and on such terms? I get shocked sometimes to doctors get so drunk like they won’t be seeing patients in the morning. Even Ministers drink until they wee-wee!

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  6. @Nine Chale you are very right. I was insensitive and wish to apologize to many great and decent young women. I meant Some women.

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  7. Lady you didn’t see that when you were borrowing, you chewed their money and most likely signed a binding contract now you want to act as a victim. Very embarrassing for an executive running a big research organization like yours failing to pay and also failing to do her research

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  8. #1.2 Gay Jay has come out very strong on this, being the trib.al that he is. Look Trib.al, these things cut across all trib.es and cultures. They are rampant in trib.al strongholds too. If you don’t believe me just check the police records… see the variety of arrested people.

    Even corruption it’s the same, don’t play angels you trib.als ….. kikikikikikiki

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  9. The PF sickness of getting at high interest is spreading everywhere.Even their party cadres are suffering from it.
    WE NEED TO TREAT IT URGENTLY TO AVOID A NATIONAL EPIDEMIC.

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  10. It is not illegal ,you read and signed.Caveat emptor .Pay or sell your assets.It was a bad investment,sorry.

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  11. Looking at the comments makes me believe that our politicians don’t really care about common person.in the Uk these kind of businesses have been stopped from harassing the vulnerable people.our politicians please stand up and use this as a campaign strategy trust me you will gain mileage because a lot of people in Zambia are suffering from these companies terms of conditions and BoZ is busy giving these companies licenses to operate.Bwana HH you are an economist take this government to court for not protecting the vulnerable then you will win my vote.

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  12. How can a think-tank director borrow recklessly?… and without understanding the terms? More of an empty-tank if you ask

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  13. But your defence is porous madam,just pay back the money and follow chibwe later.Mwatwele kwisa on million?

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