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Wednesday, November 25, 2020

HH officially Sues Tayali for defamation, claims K100 million in damages

Headlines HH officially Sues Tayali for defamation, claims K100 million in damages

UPND President Hakainde Hichilema has filed a writ of summon in the Lusaka High Court against Chilufya Tayali of the Economic and Equity Party demanding for damages for libel as well as an order directing the defendant to retract the alleged defamatory words published against him.

In a writ of summon filed before the Lusaka High Court filed by M and Associates, Mr Hichilema further seeks an interim and permanent injunction restraining Mr.Tayali whether by himself, his servants or agents or otherwise from further publishing or causing to be published or broadcast the defamatory words or any words similarly.

Mr Hichilema further seeks the defendant to reimburse the sums expended in mitigating the effect of the defendant’s conduct towards him and arising from the publication of the defamatory words of and by Mr Tayali amounting to one 100 million kwacha and any other reliefs the court may deem fit.

Mr Tayali is, according to the writs, said to have on Sunday 15th November, 2020 hosted a Press Briefing at his offices at Villa Office Complex on Musonda Ngosa Road in Villa Elizabetha in Lusaka, where he uttered and caused to be broadcast by live internet (Facebook) streaming, and by digital broadcasting, the defamatory words alleging that the plaintiff corruptly benefited from proceeds of state privatisation and should be in jail and not seeking the Republican Presidency.

“Contrary to the Defendant’s assertions and innuendo contained in the defamatory words, the Plaintiff has never taken pecuniary advantage of the affairs at ZIMCO including but not limited to his purchase of House No. 609/A/77, Poplar Road, Chelstone as the property was legally sold to him some close to 20 years ago”.

“Contrary to the Defendant’s innuendo contained in the defamatory words, the Plaintiff has never acted as receiver, manager or liquidator of Lima Bank as alleged by the Defendant or at all nor did he acquire the said Farm No. 1924, Kalomo through the said Lima Bank (in liquidation) but bought the same from the estate of the late Samson Siatembo through his heirs and assigns as will be demonstrated at trial but suffice to say that the said property is subjudice in Cause No. 2020/HP/ 128 at the suit of the administrator of the estate of the late Samson Siatembo one Pheluna Hatembo and another”, the statement of claims reads.

The writ further adds that despite the Plaintiff demanding formally that the Defendant retracts the said words and renders an unreserved apology to the Plaintiff, the Defendant proceeded to host another Press Briefing at his office aforesaid on Tuesday 17th November, 2020 where he categorically declined to retract and apologise for the disparaging words opting instead to repeat them as he justified his action by saying that he had reported the matter to the law enforcement offices.

Mr Hichilema pleads that his reputation has been lowered in the estimation of right thinking members of the Zambian and global community given his international repute as an astute businessman, and that he is the leader of the largest opposition political party in Zambia and aspiring candidate of the Presidency of the Republic of Zambia.

As a consequence of the Defendant’s actions, the plaintiff has been compelled to engage the services of legal consultants and other consultants and the consequent pecuniary damage, costs and expenses which are projected to accumulate to circa K100 million as the process of litigation and damage control continues in the period leading up to the Presidential elections scheduled for the 12th August, 2021.

Mr Tayali has 14 days during which he has to respond to the writ of summons while any default will leave the plaintiff with no choice but to proceed therein, and judgment may be given in his absence.

Mr Hichilema is represented by M and Associates, Lukona chambers,Muleza Mwiimbu and Associates, Milner and Paul Katolo and Company,Malambo and Company,Keith Mweemba and Associates, CL Mundia and Company and Lusenga Mulongoti and Associates while Mr Tayali is represented by Rabson Malipenga and Associates.

78 COMMENTS

  1. It is the fact HH stole from Zambians through privatisation. Why has he failed to explain how he became rich ? Every rich person explain where his riches came from…but HH has failed to explain. HH is a thief- Lozo period. I can’t vote for him.

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    • Most comments here seem to come from a place of hate and not people who want to think clearly, from my point of view I think the man has had enough of his name and reputation dragged in the mud with no serious steps being taken because the powers that be know that he is innocent they are simply just playing politics, this new stance he has taken is simply to deter would be attackers and generally I think after the Edith Nawakwi case it is working, it’s just tayali who sees himself invisible yet he is a very small fish. This response is meant to finish him forever. I hope he comes back to his senses though.

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  2. HH calls other people thieves, but him does not want to be called a thief when all indicators are there to be called so as reflected in privitazation. If Chiluba who only had shoes and suits was called a thief…what more a person who has former GRZ hotels and farms? HH is a privatisation thief just like others period.

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  3. You mean this Under 5 has not yet matured? This is now becoming irritating.

    HH is really immature, as a politician, you don’t lock yourself in court battles when you are going into major elections however powerful you are. Learn from the best. KK just ignored the likes of Tayalis, FTJ ignored the Tayali likes and so did RB. Even the smart politicians like LPM ignored defamatory remarks from characters like Sata. And ofcourse, Sata himself ignore one Chanda Chimba III until he won the presidency.

    Now this Under 5 HH has put himself in a fix. He now has to go all the way and lose everything. Nobody is clean. You can find dirt on anybody. Ask the those Jesus people called Christians and they will tell you that. HH will be found guilty even on somthing small and tiny and that will…

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  4. HH will be found guilty even on something small and tiny and that will spell his end game. There is enough evidence on conflict of interest and all his accusers are salivating on this one

    Unfortunately, he can not even withdraw the case now because if he does, people will say he was guilty, but he could still retain some moral ground politically because citizens love their politicians to have some hidden dirt or scandal.

    Going ahead with this case will spell disaster for this under 5 Politician. My advise is withdraw and ignore the Chanda Chimbas of this era. But is Under 5 and his under 5 party ready to take this free advise from me, the political analyst veteran? The Answer is I don’t know

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  5. Do you see how stu.pid and dull hh is! He himself said and I quote.. Anyone with evidence let him or her report the matter to the authorities, the matter is before Ain’t corruption commission (ACC).

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  6. Who is abusing the courts, I thought tayali ni,,,, is just trying to prove with his ifidence. When he fails then let’s sue him , since bally put up a challenge long before. Now tayali ni,, has started a process of proving something then the challenged is sueing already. Average person is left to sort the puzzle. If I was the bull I would rather let the goat prove nothing then punish the hell out of it??

  7. I just wonder why he has retained so many law firms on such a simple matter, it’s like he’s fighting treason. He can’t see that some lawyers are just making money out of him. Anyway, he’s well-sponsored. Most of those lawyers will just dramatize and prolong the case. Should Tayali’s criminal case begin then all these civil matters will be stayed

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  8. There are only 2 choices before us: if u live in and love Zambia and Zambians, u should vote wisely; if u live in but don’t love Zambia and Zambians, vote for a song called dununa reverse. Now I ask u a question: has your dununa reverse saved your economy from collapsing? Zambians be ready to go down the Zimbabwean way any time soon.

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  9. Don’t forgive this tayali this time. We need to sanitize our politics. We need to talk about issues not innuendos. Some reporting to ACC is not triviality. HH has been scandalised for too long. Even late sata scandalised him for political capital.Enough is enough

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  10. Gentlemen, jealous will take as nowhere. Zambia became a liberalised economy in 1991. As such those with business archman ship see business opportunities every where. Please remove the ideas of One Party kind of economic thinking and be liberalized in your minds so that we develop this nation. It takes human beings to develop their own country.

    The fact is always that the nationalising of companies is day light robbery. Why should government nationalise your ubutala like the Soviet Union did under Stalin, and innocent farmers were killed in 1927 in millions and this food was used to feed the fascist Hitler.
    This is why I will always tell my fellow Zambians that BILL 10 2019 and fascism are not distant.
    It is important as Zambians to read widely and not become jealous…

  11. Bembas go and register to vote.

    HH and his people are ready.

    U bembas u busy going mukukola ifishimu and ukulima.

    Don’t complain if Hakaindebwana alila again and again

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  12. HH must show statesmanship. He has elections campaigns to manage. Ignore the Tayalis of this world? If you became president are you going to sue us everyday for calling you names? My dear you are aiming for a hot seat. By the way you never sue and comment on the conflict of interest in the acquisition of Hotel Intercontinental – Livingstone. Is it true then you dubiously got it.?Nawakwi mentioned it but it is not part of the grounds for the case against Nawakwi. Tayali has also mentioned it but it is not reflecting in his case.

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  13. Hichilema has shown his true colours by behaving exactly like Trump. He is using his questionably gotten wealth to intimidate those who question him and yet he continues to call others corrupt. Trump has been using the same trick of litigations against anyone who crosses his path even before he became president. Now he has a possibility to pay $400 m in taxes when he leaves office due to his previous underhand activities. BY voting for Trump, the American people have shown that infact our African leaders were far more advanced than their American counter parts. What Trump is doing is an old fashioned primitive way of behaviour by a siting head of state. No African leader does that any more. Hichilema may just turn out like Trump if voted into power in Zambia.

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  14. The Tayali thing is too small to forget but it may cause huge damage if not controlled at an early stage as we head towards 2021 general elections. One wonders where Tayali gets all the huge courage to take mountain like stuff. There is more to it feeding Tayali the information than meets the eye.

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  15. Sue him HH, everyone is sick of these pf sponsored goons diverting our attention from real issues. It’s foolishness accusing someone who worked hard for his wealth long time ago and ignore those who are stealing today. The thieves in government are robbing us every day collapsing the economy and we should ignore them for a house and farm how foolish

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  16. jokers.if it were court injunction some praise members would have seen the real part of the whole thing,so to disturb the whole thing Pablo Escobar chose a path which his praise members wont realize… any way someone has evidence and needs that house and there is no way it can be a defamation when you invited it yourself

  17. Has anyone noticed that all his sueings this hh is strategically omitting including the livingstone hotels? Tayali mentioned the hotels & his none declaration. Hh is zeee on the sueing. Nawakwi was very elaborate on the hotels, this hh avoided even a mention in his sueing Nawakwi for the dollars or kwachas. So this criminal is very guilty

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  18. Tayali is playing Russian Roulette with his life.
    Chanda chimba was a mmd hired gun in the Rupiah Banda presidency, after loosing power Chanda Chimba was abandoned like a leper, first someone he owed a balance on his vehicle confiscated his car.
    And General Shikapwasha ex information minister refused ever knowing or meeting Chanda Chimba his prison ticket was delivered.
    In Kenya there was a hired gun just like Tayali his name was Jacob juma, any one who could pay a good fee would use him to fight cases for lost tenders, political corruption, the list is long.
    Sometime in May 2016 if my memory is right, he was assassinated.
    It’s just an example, Tayali has been to court with the police IG, others just ignore him, but there is a limit to anything others are not as forgiving as the…

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  19. @Ja that’s why he has taken them to court so that they substantiate their claims in court.
    I think it s time we all learn to coordinate our mouths with our brains, that era of just standing on top of any anthill and make wild treacherous accusations on people is gone.

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  20. Tayali is an itch in the bum that non of you negative commentators can ignore.

    Which one of you against HH s move has ever ignored a red ant bite in the bum?

    This time no forgiveness to tayali. Some of guys are just so pety and stup1d.

    At least HH is using the courts to sue for libel while Chagwa Lungu is locking up kids for condemning the way he is paying a blind eye to the rampant corruption and brutality under his government.

    Many young people have been locked up by Chagwa Lungu for pointing out his incompetency which is very true and in the open for all to see.

    Any one who complains about Chagwa Lungu s poor leadership is guilty of defaming the president and gets locked up.

    As for Tayali his f00lishness will swallow him and force his wife to leave him for good…

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  21. This is what happens when demons of your theft are causing you sleepless nights. How many people is this privatisation crook going to threaten with legal action over something he was involved in?. If you are so innocent why not wait for the inquiry in to your conduct? Or better just respond to any allegations with evidence of your cleanliness? This reaction leads me to believe that tayali adyaka patali and has evidence which is scaring you. Basop. The doors are slowly closing in on this baby hyena hh

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  22. And firstly, Tayali should state his source of income.
    Because this chap has no job, has no kantemba, who is paying his legal fees, rentals and other bills.
    This is where a good lawyer will start from, destroying one’s credibility.
    I am 10000000% Tayali will fail the credibility test

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  23. The other question is where did HH get his money to start paying all the lawyers he mentions at the same time. Zambia will not be mortgaged to the highest bidder. Trump has just proved that being a ” successful” business man does not mean that you will become a good manager or leader. And the Zambian electorate know that. So Bwana Sammy Chintombwa you have a lot of work to do before you can start dreaming of going to plot 1.

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  24. Sue the little sh.it …… until you can’t sue him no more…..

    Lungu uses other people to sue those who insinuate he is a drug Lord ……

    However lungu will never have those sued who call him a corrupt theif everyday , why ?……because he is a corrupt theif.

    Serious people have a character and reputation to defend.

    If you accuse that person of anything as serious as being a theif , be ready to prove that in court….

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  25. If I were Bally I would not intimidate the people accusing me of fraud but try and prove that am clean. Intimidating people with irrelevant lawsuits wont help him restore his name but just confirm that he is trying to hide something. Look at the COLOSSAL amounts he is wanting to be compensated with so that they keep their mouths shut; the demand reflects how scared about his innocence. An innocent person does not silence but confront his accusers. I pity him!

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  26. Zambians are funny, yesterday pampered up Edith Nawakwi to ramp up falsehood of privatisation and thefts of properties by HH. In a turn of reversal, HH sues Edith and fails to substantiate her falsehood in courts of law. Edith Nawakwi received judgement against her falsehood and mated with a judgement order to pay HH $3 million. The same Zambians are no where now that Edith Nawakwi is on the verge of bankruptcy as han no money to pay the fine. That’s how naive Zambians can become. Let another one peddle lies against HH will suffer the same fate. A precedence has been set for courts to follow. Next

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  27. Conflict of interest was not a crime during privatisation. It may be now but you cannot apply the law retrospectively. So many people grabbed companies and properties during privatisation from Anderson Mazoka to Newstead Zimba, from Edith Nawakwi to Ronald Penza. From Francis Kaunda to Valentine Musakanya. Chiluba was not a sitting tenant neither was he ever an employee of ZCCM, but he got ZCCM property. It was immoral and unethical but definitely not illegal. When UNIPists were saying so, you were all blindsided by the title deeds Chiluba was dishing out to the public.

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  28. He offers a a house to anyone with evidence showing he ios corrupt.then sues the first person to come forward. I can see him with a ka evil laughter….. Hahahaha… Anyone else with evidence come forward please

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  29. I do not understand – What is the problem here ? This Lungu was accused of impersonating, tell us what he did to the accuser ? Integrity is more than just being a President. HH clean your name – If you lose elections because of this case so let it be. How many times is going to tell lies and he always be ignored because he is sponsored by PF.

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  30. It’s a damn shame Zambian’s have short memories and are so used to only knowing that one is rich when the show-off their wealth like these PF crooks and thugs (ba Lazo) e.g. Edgar Lungu and Kaizer Zulu.

    How many knew who Anderson Mazoka was before he got into politics? He was the CEO of a private organisation for years and the man was rich before going into politics and died a rich man. His family and his grandchildren are still enjoying the man’s wealth.

    HH is not a young man and was rich in his 20’s. He is a student of the old way of thinking and his money has been working for him since then. He is rich in old money, not the riches these PF lazo’s show off now from unfulfilled contracts. Abena Bowman Lusambo, chi kaponya!

    Get your facts right before asking for someone…

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  31. @Muna. There is no judgement aganist Nawakwi versus HH in any court. What UPND media team circulated was just application. So far no judgement.

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  32. Tatami will be stripped butt naked. What we want to know is who gassed n killed 50 innocent Zambians. Don’t tell me it has become a cold case with 50 people slain n know solution. I lost a friend in this n am not taking it lightly.

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  33. Its very clear that HH is using money muscle to intimidate any one who talks about conflict of interest in privitisation. He keeps on mentioning big sums of money that he actually know that his opponents may not have in order to shut them up. All we are waiting for mr HH is your clear explanation on how you acquired those houses, Hotel as well as the farm in question. You are free to sue anyone so that you can clear your name and not intimidating others through money. We know you are hiding something and that is why you don’t like any one mention what you did during privitisation.

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  34. A good name is a personal commodity and resource. If anyone abuses that personal resource the owner of the name has the right to defend his name. Let Tayali prove his accusations in course. After all, he who alleges must prove.

  35. Kk,Chiluba,Mwanawasa,Banda and Sata all left post news paper running and They all did not pursue privatisation thief.Here comes Edgar,post news paper is No more and privatisation story is more pronounced now than Ever before, and HH is sueing pipo who acuse him Which he never did before now.is HH going to escape the dragnet of Edgar? Uwafitala akaimwena says hh.

  36. If HH is indeed guilty, he should be fined 80% of his total wealth. How do you sue for defamation when you present evidence of wrong doing which he challenged us to present? Time will catch up with this cr00k.

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  37. I applaud HH. This decision was arrived at after weighing the implication of messaging from imbeciles such as Tayali. He has every right to protect his reputation, and if going to court is the solution, so be it. Let this matter be settled once and for all. Let all the facts come out.

  38. K100M nigga, ni ngulu?
    Ni deterrent?

    Uyu ena alitemwa umuzulu.
    He can’t be president. He is a hardcore white collar criminal. The stakes are high.
    Pompwe munshibila nsala, f’ing kleptomaniac.

  39. People might think Tayali had evidence if HH leaves it the way it is. Way to go HH. Let’s shut the help of bamushanina Bali. It has been to much of HH this, HH that. Put a stop to this nonsense.

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  40. What is Bally or Who is Bally? By the time your Hichilema realizes he will be very broke! He will lose the court cases with costs! And that will be end of him! This under 5 lacks appropriate strategies! He thinks he can win presidency without proper strategies! Sata was an accomplished strategist to unseat the then ruling MMD in 2011! Here is a man whose strategy is to stop his fellow tribes-mates , Tongas, from voting for other tribes, so that he can have all votes from Tongas and hence win the presidency! Very primitive strategy baba! Because other tribes won’t bote for Hichilema! Very easy way to lose 8 times!

  41. It is interesting reading the comments being made on Mr. Hichilema vs Mr. Tayali. Indeed, the aspiring president HH is rich and no question about it. Part of his wealth could be connected to his role in privatisation era. As a nation, we rushed the process thereby giving an opportunity to business minded people of that era to make business and Mr. HH is just one of those. The reason for people questioning his wealth is simple, his ambition to become president. It should not surprise HH. The best he can do is to ignore such debates or simply use others to speak on his behalf of he can not afford to swallow such allegations.

    The other point to note is that all those business people who join politics should be mentally prepared for such battles. Politicians use all kinds of elimination…

    • HH never bought the farm from Hatembo Samson but from Mazuba. Milton and Fiona together with the family sold it to clear outstanding bill from ministry of Lands. I know not it all. Watch the space.

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