By Mwaka Ndawa
CHISHIMBA Kambwili and Lusaka businessman Valden Findlay have entered into an agreement to have the matter in which the latter has sued him for defamation in the Lusaka High Court discontinued.
This is on condition that Kambwili retracts his slanderous statements that Findlay is a drug peddler.
The parties have signed a consent judgement that Kambwili clears Findlay’s name of drug related allegations and at the latter’s decision he shall pay damages for libel, slander and malicious falsehood to be agreed in default to be assessed by the deputy registrar.
The consent judgement is pending authorisation from justice Elita Mwikisa.
Kambwili had alleged that Findlay was a drug dealer taking advantage of the Presidential trips and the Presidential plane to courier drugs.
In this matter, Findlay is demanding damages for libel and slander and an injunction to restrain Kambwili by himself, his servants or agents or otherwise from publishing the said words or any similar words.
In his statement of claim Findlay said that on September 9, 2019 Kambwili on Diamond TV falsely and maliciously uttered words against him claiming that he was an associate in drug dealing, and that the State was under capture by him (Findlay) and all those connected to him were being offered employment in government.
Kambwili was quoted as saying that: “there is no way a President worth his salt can be moving and associating with a person who was locked up for drugs; a person who is mentioned for drug dealing in America by a well-known drug dealer in the name of Goswami. I am appealing to the Americans, please come and pick up this man, DEC follow up the American report by Goswami.”
Findlay said on September 11, 2020 Kambwili further caused to be published defamatory words in The Mast and News Diggers newspapers questioning his association with President Lungu alleging that he was a drug dealer and that his allegations of drug dealing shook State House and prompted President Lungu to order his probe.
He also stated that the defendant on September 17, 2019 caused to be published in The Mast newspaper that he had refused to volunteer information on him to the Drug Enforcement Commission because President Lungu warned members of parliament against Linking Findlay’s name to corruption or they risked being sued.
The plaintiff contended that Kambwili on September 20, 2019 alleged that the businessman and President Lungu in June 2018 travelled to Kenya and spoke to President Uhuru Kenyatta to secure the release of ‘drag baron’ Vijay Vicky Goswami of Indian origin from prison and challenged the Head of State to state the reason for his visit to Kenya with Findlay.
Findlay further submitted that he lost opportunities to freely engage in business dealings, resulting in loss and damages as all potential gainful business ventures were met with suspicion as a result of Kambwili’s words.
However, according to the consent judgement, it has been agreed that judgement be entered in favour of Findlay on condition that contrary to the averments by Kambwili the businessman is not and has never been an associate in international drug dealing.
Kambwili has accepted to render a retraction that Findlay has never been a drug dealer or trafficker, has no influence on the decisions made by President Lungu, neither has he captured the Head of State.
The former Roan member of parliament has been given conditions to go against his words and say that Findlay does not obtain any favours, business, advantage, government contracts nor positions by virtue of his friendship with President Lungu.
Kambwili is also expected to say that Findlay never used to nor does he use the presidential plane to courier drugs, as well as clear the air that the complainant has never been incarcerated for any drug related offence within or outside the jurisdiction of Zambia.
The parties further agreed that the order of injunction granted to Findlay restraining Kambwili from defaming him shall become permanent from the date of judgement.
“Costs of incidental to the action shall be borne by Kambwili which will be taxed in default of agreement,” read the consent judgement
“The parties hereto have voluntarily entered into this consent judgement without duress or undue influence. On execution of this consent judgement, Findlay shall have no further claim against Kambwili in relation to subject of this action.”