Chilufya hasn’t pleaded alleged defamatory words, insists ACC
THE Anti-Corruption Commission has insisted that former minister of health Chitalu Chilufya has not pleaded the exact alleged defamatory words in accordance with the provisions of the law.
This is in a matter where Dr Chilufya has sued the Anti-Corruption Commission and its former acting director general Rosemary Khuzwayo demanding US $50,100,000 as damages for libel over his malicious prosecution on corruption related charges in 2020.
Dr Chilufya is seeking damages for malicious prosecution, libel and defamation, intimidation as well as e exemplary and aggravated damages to be assessed by the court.
According to an affidavit in reply to the plaintiff’s affidavit in opposition of notice to raise preliminary issue, Boniface Chiwala, acting director legal and prosecutions at the ACC said a schedule containing defamatory matter must be part of pleadings and not part of a list of documents.
He said by letter dated November 16, 2021, Dr Chilufya’s advocates were asked to provide further and better particulars of the alleged defamatory words attributed to ACC but decided to respond with unintelligent pleadings devoid of the particulars requested for.
“The ACC has demonstrated the prejudice of embarrassment it will suffer in defending a process with unintelligent pleadings which do not conform to the rules on pleadings,” Chiwala said.
“The plaintiff’s statementof claim and list of documents has not complied with the rules on pleading an action for defamation, therefore, this is an appropriate issue to be determined at a preliminary stage.”
He added that damages for tortious wrongs are incapable of being liquidated and as such the issue ought to be dealt with at preliminary stage.
The Mast