
FIRST Lady Thandiwe Banda has asked the Supreme Court to dismiss an injunction in which the Patriotic Front (PF) sued her for assisting the vulnerable, alleging that she is abusing Government funds.
Mrs Banda’s lawyer, Irene Kunda, said in an argument filed in the Supreme Court yesterday that the Lusaka High Court did not err in law when it held that the application for an order of interim injunction against Mrs Banda was wrongly directed to her.
PF sympathisers Evelyn Kangwa and Marjorie Nakaponda appealed to the Supreme Court against the Lusaka High Court’s decision to throw out their injunction against Mrs Banda.
“The only items she donates are those passed onto her by well-wishers for charity purposes, a noble cause a person of reasonable tenure cannot dispute or despise.
“We therefore submit that to grant an injunction against the first respondent (Mrs Banda) would violate her fundamental constitutional rights and freedom of expression, assembly, movement and association,” Mrs Kunda said.
She said Supreme Court judge Phillip Musonda, sitting as Lusaka High Court judge, was on firm ground when he ruled that Mrs Banda has no role in directing, disbursing and controlling expenditure.
Mrs Kunda said the practice of the first lady getting involved in charity work is a worldwide phenomenon and the plaintiffs cannot use the injunction to create conditions only favourable to themselves.
She said Mrs Banda’s predecessors had also engaged in similar charity activities.
Mrs Kunda said the relief the two PF sympathisers are seeking is not clear because the person they are seeking to restrain has nothing to do with receipts and payments of Government revenue.
She said Mrs Banda does not use government resources for her donations because she does not have access to Government money.
The appellants’ lawyer Wynter Kabimba argued that the Supreme Court should grant his clients an injunction because the High Court erred in law.
Early this year, Mr Justice Musonda threw out Mrs Kangwa and Mrs Nakaponda’s injunction because it was directed to a wrong party, Mrs Banda.
The duo filed an application for an injunction against Mrs Banda, seeking court action to restrain the first lady from acting in any capacity not supported by any law of the land.
They wanted the court to restrain Mrs Banda from disbursing money and distributing goods which are not provided for in the estimates of expenditure by Parliament.
The plaintiffs, through Mr Kabimba, were also asking the court to restrain Mrs Banda from using the facilities in the absence of disclosing the source of the monies and goods and also to restrain her from using official Government facilities and services for alleged partisan political activity until this matter is disposed of.
[Zambia Daily Mail]