HH demands US$3m from Nawakwi for defamation
By Mwaka Ndawa and Oliver Chisenga
UPND leader Hakainde Hichilema is demanding US$3 million from FDD leader Edith Nawakwi as damages for defamation of character for alleging that he illegally benefitted from the privatisation exercise through shareholding in Sun Hotels International that purchased Mosi O Tunya Intercontinental Hotel in Livingstone.
Nawakwi accused Hichilema, who was then a transactional advisor to the MMD government during the privatisation process, of stealing public assets as he dubiously acquired Sun Hotels International, and a house in Kabulonga belonging to Lima Bank.
Hichilema is however demanding a retraction and an apology from Nawakwi to be issued with equal prominence in the manner the defamatory statements were issued.
According to a demand letter addressed to Nawakwi by Hichilema’s lawyers Malambo and company, the latter wants the former to put it in writing that she will not issue defamatory statements against him.
Nawakwi has since been given a one day ultimatum in which to address Hichilema’s demands failure to which a law suit would be commenced against her.
Nawakwi on August 27, 2020 on Hot FM radio breakfast show dubbed the hot seat and Kwithu FM radio station on a programme called “The program” and other media platforms with intent to bring Hichilema into hatred, contempt and ridicule made false, malicious and defamatory statements against him alleging that he is a thief who does not respect the rule of law or deserve to hold public office as president of Zambia, which he aspires for.
“Consequently, our client has suffered irreparable damage to his reputation, severe embarrassment, harassment, hatred and ridicule in respect of which our client has instructed us to seek reparation from you,” reads the demand letter.
“Without limiting the generality of the foregoing and whilst our client’s right to make any or any further claim against you, in relation to your conduct towards him remains fully reserved, our client’s instructions are that the defamatory statements were to the effect that: our client was at all time a criminal, involved himself in theft and corruption by alienating a house located on Serval Road in Kabulonga (which you purport belonged to Lima Bank) to himself as liquidator of that institution; our client involved himself in undisclosed illegality regarding the receivership of RAMCOZ and that he abused the privatisation process with regard to the transaction of the sale of assets of Mosi O Tunya Intercontinental hotel in Livingstone and related assets which you allege that our client ‘sold to himself’.”
Hichilema’s lawyers say the alleged defamatory statements by Nawakwi lacked truth as they are malicious and aimed at damaging the former’s hard earned reputation as a businessman, a person worthy of holding office as a president of Zambia and as a law abiding and God fearing citizen of the country any the word at large.
They said apart from being a violation of his (Hichilema) rights, the defamatory statements were made without due regard to the factual position in relation to the privatisation process and were in contumelious disregard of the law.
Hichilema’s lawyers say the latter had no criminal record neither has he engaged himself in any criminal activity.
They said that Nawakwi will be put to strict proof when the matter proceeds to court.
The advocates said that when the Lima Bank liquidation commenced in 1997, the property in issue was acquired by their client in 1995 two years prior to the commencement of the liquidation process.
“You are aware that records will show that our client was never involved in the privatization of RAMCOZ which was sold to the Binani Group of India in 1997 for a consideration of US$35,000,000. Subsequently upon failing to meet its financial obligations to ZANACO, RAMCOZ was placed under receivership in 2000 and the receiver manager was Mr Christopher Mulenga and not our client,” they stated.
“The receivership process was undertaken in accordance with the law and reports rendered to the appropriate stakeholders. Our client is not aware of any criminal complaint having been made against the receiver manager Mr Christopher Mulenga in relation to the receivership.”
Hichilema’s lawyers said with regards to the sale of the assets of Mosi O Tunya Intercontinental Hotel in so far as the former was involved, he did so in conformity with the law.
They said Zambia Privatization Agency was fully informed of all the stages of the transaction for the sale and purchase of the privatisation assets and ZPA was aware on all material particulars of potential buyers and were in public domain.
“The sale of Mosi O Tunya Intercontinental Hotel and related assets to the successful bidder has greatly benefited the people of Zambia as it is one of the few success stories of the privatization exercise, contrary to the innuendo created by you (Nawakwi) in the defamatory statements,” the lawyers said.
They said the allegations despite of their malicious venom were baseless in law and fact.
The lawyers say the defamatory statements had caused irreparable damage to Hichilema’s reputation as Nawakwi made the said allegations from an informed position as former minister of finance worthy of being believed on the score.
They said the words were published to the global audience of millions of people and have caused Hichilema mental distress, anguish and torture.
“A stain on our client’s candidature for president of Zambia in so far as the defamatory statements cast aspersions against our client to the effect that he is not a fit and proper person to hold the highest public office in the land,” the lawyers said.
They added that Hichilema was being harassed by overzealous state operatives that have declared their intentions to maliciously prosecute him based on Nawakwi’s allegations as evidenced by the press statement recently issued by chief government spokesperson Dora Siliya.
“Our client has incurred and continues to incur great expenses both locally and internationally in order to mitigate the harm that you have caused to him. Our client places the cost of the foregoing which includes legal costs incurred thus far at the conservative sum of US$3,000,000 which our client hereby demands from you. Our client is amenable to receiving reasonable proposals as to how you intend to settle the said sum,” the letter read further.
“Our client further demands, in view of the pressing nature of this matter, that you address his demands within 24 hours not later than September 3, 2020 failure to which our client will be unconstrained to take out proceedings before an appropriate forum so as to protect his interests.”
