Musa Mwenye sues Kankoyo MP Heartson Mabeta for defamation

Mwenye sues Kankoyo MP Heartson
Mabeta for defamation

FORMER Anti-Corruption Commission Board chairman Musa Mwenye has sued UPND Kankoyo member of parliament Hearston Mabeta for defamation for alleging that he pressured a judge to compel KCM to pay CEC its  US$ 33 million debt so that he could receive payment for legal services.

Mwenye is demanding damages for libel and an order of injunction prohibiting Mabeta, his agents or servants from defaming him.

In his statement of claim Mwenye said over the years, he has established a good reputation for himself and commands a lot of respect in the legal profession as well as in public discourse both locally and internationally.

He said because of his professional reputation, he has held various positions both in the legal profession and in public service and currently serves on boards or committees of highly reputable local and international institutions.

Mwenye said Copperbelt Energy Corporation Plc has been a long term client of the Firm and sometime in April 2024, his law firm was engaged to secure CEC’s interests as a creditor in relation to the application to sanction a creditors’ scheme of arrangement which was proposed by Konkola Copper Mines PIc in the liquidation proceedings.

“The Firm accepted CEC’s instructions and prepared and filed the necessary documents to assert CEC’s rights as a creditor and secure its interests,” Mwenye said.

“On 19th June 2024, the matter came up for the hearing of KCM’s application to sanction the creditors’ scheme of arrangement and the Plaintiff appeared together with another Advocate from the Firm and represented CEC in the matter. At the same hearing, the Defendant was in attendance. The Defendant was not a party to the proceedings and did not play any role in the proceedings, other than merely sitting to follow the proceedings like any other member of the public.”

Mwenye said after hearing, Mabeta greeted him and asked for a picture with him.

He said after President Hakainde Hichilema dissolved the ACC board on July 18, 2024  he published an article thanking the President for offering him a job and the challenges he faced during his tenure of office.

Mwenye said Mabeta  on July 21, 2024, published a defamatory article on his Facebook page alleging that he challenged him for forcing  Judge Charles Kafunda to order KCM to pay Copperbelt energy US$33 million, so that he could be paid US$3 million commission hence collapsing the out of court agreement between KCM and all its creditors, when he was still the ACC board chairman.

He said Mabeta posted the defamatory statement together with the picture he took with him after the court hearing on June 19, 2024.

The former attorney general contended that in their ordinary and natural meaning, the words meant and were understood to mean he is an unethical lawyer who uses unethical means to obtain favourable court decisions for his clients.

Mwenye stated that the words imply that he abused his position as Chairman of the Anti-Corruption Commission to intimidate Justice Charles Kafunda so that he could obtain a favourable decisions for CEC in order for him to wrongly receive a commission of US$3,000,000.00 from CEC.

He said the words mean that he is corrupt and not the right person to talk about corruption.

“At no time did the Plaintiff demand that the High Court orders KCM to pay CEC US$33,000,000.00,” Mwenye said.

“Mabeta’s statement was a deliberate reaction to the Plaintiff’s statement about the challenges the Plaintiff faced when he served as Board Chairperson of the Anti-Corruption Commission and was deliberately calculated to assault the Plaintiff’s character so as to water down the Plaintiffs statement which did not sit well with the Defendant.”

Mwenye contended that Mabeta deliberately attacked and assaulted his reputation in order to divert or distract members of the public from the issues of public interest that he had raised regarding the fight against corruption which were going on at the time.

“On July 23, 2024, the Defendant phoned the Plaintiff to seek an urgent appointment with him to discuss and resolve the matter.
Instead of retracting the defamatory statement and apologising publicly as agreed,the Defendant simply posted a statement on his Facebook page to the effect that he had visited the Plaintiff’s office to formally pick up the complaint and that at the appropriate time the nation will be informed on how the dispute will be resolved,” Mwenye said.

He complained that Mabeta published the defamatory words knowing very well that the they were false and deliberately calculated to gain political expediency at the expense of his reputation.

The former solicitor general said by reason of Mabeta’s defamatory words, he has been seriously injured in his reputation, brought into public scandal, ridicule, odium and contempt and his reputation has been lowered in the esteem of right thinking members of society.

He is further demanding exemplary damages,and damages for malicious falsehoods.

By Mwaka Ndawa

Kalemba August 1, 2024