The Centre for Trade Policy and Development has welcomed the decision by Given Lubinda, Jean Kapata and Tasila Lungu, to commence legal proceedings in the Lusaka High Court against the Environmental Investigation Agency and Funga Mukosha, editor of local publication News Diggers, for libel.
The lawsuit is in response to an expose published by the EIA and various other articles published by News Diggers in relation to the expose, which connects the Plaintiffs and other senior government officials to the plunder and illicit trade of the valuable and increasingly scarce, Mukula commonly known as rosewood trees.
The Statement of Claim which was filed in the High Court on January 13, 2020 avers that the Plaintiffs are seeking damages for being linked to the illegal sale of Mukula trees and that they had suffered ridicule, contempt and embarrassment in the eyes of ordinary members of the public.
The Plaintiffs allege that they were not contacted by News Diggers to verify the findings of the EIA report and deny their alleged involvement in the illegal Mukula trade. The Plaintiffs have also applied for an interim injunction restraining News Diggers and EIA from publishing similar articles and opinions until the determination of the case.
The illegal illegal trade appears to be flourishing in spite of bans on the harvest, transport, and export of Mukula to the detriment of fragile forests and rural communities whose livelihoods depend on sustainable Mukula trade.
CTPD Researcher Legal Gloria Mange said her Organisation is encouraged by the commencement of the legal proceedings as this will provide an opportunity for the Plaintiffs who are highly ranked public servants to exonerate themselves and restore public confidence.
Ms Mange said the matter being before the courts will, in addition, will allow a measure of public scrutiny and transparency as well as access to information in relation to the Mukula trade and issues raised in the report.
“Members of the media and public have inquired from CTPD in relation to the jurisdiction of the Zambian courts vis-Ã -vis the EIA which is an organization incorporated in the United States of America. CTPD can confirm that it is possible for the Plaintiffs to obtain a judgment against the EIA provided that due process is followed in accordance with Zambian law which outlines a procedure in relation to actions commenced against foreign persons”, she added.
“The issue is whether the Plaintiffs, if successful, can proceed to have the judgment enforced by a United States court against the EIA as Zambia does not have a reciprocity agreement with United States with respect to enforcement of judgments”, said Ms Mange.
She has called for more transparency in the trading of Mukula, which is a multi -million industry that can help lift many Zambians out of poverty if managed properly.
Ms Mange said the EIA report shows that despite public pledges by the Zambian government to end the illegal Mukula trade, there exists an influential multi-million Dollar timber trafficking network that bypasses existing national bans on Mukula harvest and export.
She said the illegal illegal trade appears to be flourishing in spite of bans on the harvest, transport, and export of Mukula to the detriment of fragile forests and rural communities whose livelihoods depend on sustainable Mukula trade.
Ms Mange said it is therefore imperative, especially in view of the EIA report that Government relooks at the current national ban so that the Mukula trade is conducted in a transparent manner and for the benefit of the surrounding communities and Zambian public at large.
CTPD,these morons will sue you for confirming that trade in mukula has continued despite the ban.
Meanwhile Lubinda and his friends have miscalculated, this move will backfire it reminds me of the Chiluba is a thief case…
This is all academic as they know in their hearts of hearts that they have no jurisdiction over EIA. If they are really genuine why not sue them in the USA. The only one who will suffer at the hands of these corrupt dimwits using their own Kangaroo courts is that defendant who is based in Zambia.
But I really hope that this will provide an opportunity to expose the mafia corruption matrix by these Masholi Kawalalas thieves.. ala ‘FTJ is a thief’ MKII.
They should provide official records as proof that Jameson Lungu, Lubinda, Tasila and others mentioned traded in Mukula in their personal capacities.
NOT general statements.
We need proof that they exported the logs as individuals and money deposited in accounts bearing their names!
Opportunity to bring your sources to testify in court with evidence that is acceptable in Court not hearsay.
Yakosa bola!
I wish the Diggers Newspaper editor lots of luck
The accused are looking for justice.
It is common place these days for every Jim and jack to accuse every jim and jack.
In all cases, let the rule of law take center stage.
We wanna know, I wanna know is telling the truth.
For all I care, there has been alot of blank shots from alot of dull Zambians especially the goons Upndead.
I told you guys that this EIA is just some silly website and because if rogue organizations like this PF bandits always win because of wannabe broke NGOs like EIA….begging for money and writing fake stories and now you’re being sued…..this EIA is not even registered here in the USA…but they carry themselves like they’re Washington based
They should provide official records as proof that Jameson Lungu, Lubinda, Tasila and others mentioned traded in Mukula in their personal capacities..
NOT general statements.
We need proof that they exported the logs as individuals and money deposited in accounts bearing their names!
Opportunity to bring your sources to testify in court with evidence that is acceptable in Court not hearsay.
Yakosa bola!
I wish the Diggers Newspaper editor lots of luck
This case is more like the Findlya vs Kambwili case, it points right at the presidency. ECL is mentioned and the case will not go without the mention of his name in court.
The best if for them to keep that money for after 2021, because they will defence lawyers to protect them from prison. LUNGU is immune from prosecution so he is the only person who can continue stealing and nothing will happen to him.
If all of you know how courts operate you should be happy this case will get to be heard instead of being sceptical. Now the three will be asked by defence lawyers tough questions and they may even implicate themselves further
Let them sue, these thieves think they can get away with everything their time of reckoning is coming, Lungu is immune from prosecution but the immunity can be lifted and he can face the full wrath of the law. This criminal in a suite and worst president on earth will one day get his lesson
The unexplained wealth must be investigated in Zambia and it should start from the time lost those mines and the government owned companies were sold , all those sold during privatization and that is when Zambia lost her heart to the greedy characters who are are championing political leadership .
Let them all including those who are hiding money in the offshore banks no one should be left out they are criminals who should be punished.
The president himself was very much against suing as he believes it is folly to stoop to the level of liars who are bent on painting this government black. I personally urged tasila and the rest to sue, because it has become too much. it is time some one taught these agents of the devil a lesson in court. Our president is very humble, such that even when baseless accussations and libellous statement are made against him, he sees no point fighting liars. He believes that those spreading lies are sick and in fact need our support. kz
It is a simple matter really of all accused providing evidence and proof of exactly where and how they gained their excessive wealth , this should not only apply to the accused MuKula thieves but to all politicians and public servants whom have suddenly become wealthy beyond their means during the previous last ten years.
Corruption is a scurge on society and is rampant world wide including western countries.
Zambian’s need to unite instead of the wasted energies directed at tearing each other to peaces, energies that would be far more productive and beneficial aimed at positivity.
“The Plaintiffs allege that they were not contacted by News Diggers to verify the findings of the EIA report and deny their alleged involvement in the illegal Mukula trade. The Plaintiffs have also applied for an interim injunction restraining News Diggers and EIA from publishing similar articles and opinions until the determination of the case.”
Laughable how do you expect to be contacted by Diggers as if they are the ones publishing it, it was already in public domain.
KZ , it is lungus silence at accusations os stealing that is fuelling the flames.
Right from day one , I predicted that the silence by lungu that he is a corrupt crook will consume him and his GRZ.
It is his silence or not attempting to deny that he is a corrupt thief that turned many people against him.
How can you trust anyone to lead you who is accused of being a corrupt thief, and he just keeps quiet ?