THE Lungu Royal Established has sued Zesco Limited Company demanding K97million for defaming senior Chief Tafuna whom the company evicted from his Ipalace which is in soka.
The Lungu kingdom is demanding the millions of kwacha as defamation damages after Zesco injured the reputation of the Lungu speaking people by exposing their chief to hatred contempt or ridicule.
Bozy Simutenda, the spokesperson of the Lungu Royal Establishment, who has cited Zesco Limited as defendant, submits in court that he speaks on behalf of the Lungu speaking people of Tafuna,Chinakila ,Chitimbwa ,Nondo and Zombe Wambala, respectively.
The plaintiff submits that the palace at Isoka area was constructed by Star Construction,the company contracted by Zesco to construct a palace as corporate social responsibility for his royal highness Raphael Sikazwe Tafuna of the Lungu speaking people of Mpulungu ,Mbala and Senga, Northern Province.
He adds that on November 13,2013, the Lungu Electoral college, following the Lungu tradition and successions, selected Raphael Sikazwe Tafuna as the Senior Chief Tafuna of the Lungu speaking people, whom Zesco has no traditional rights to deny as their chief.
The plaintiff shall aver at trial that Star Construction started the construction of the palace in November,2015 and was completed in 2016 and the palace and keys were handed over to the late Cosmas Sikazwe Tafuna as a caretaker on behalf of Raphael Sikazwe Tafuna.
“On December 1,2023, the defendant lost sight of the agreement by giving notice to vacate the purported Zesco property forgetting that the said palace is a corporate social responsibility for our senior chief Tafuna, who the defendant illegally forced to vacate the palace,” the document reads.
He adds that on December 7,2023, the plaintiff responded to the letter of vacation from Zesco stressing why their chief cannot vacate the palace.
The plaintiff complains that Zesco has neglected or failed to reply to the facts stated showing why his royal highness Raphael Sikazwe Tafuna cannot vacate the palace and to why he cannot be charged with criminal trespass.
” Zesco, without any court order, used Zesco and Zambia police to forcibly remove senior Chief Tafuna and brutally apprehended him.
“The allegation before this court is that the defendant has no legal rights to arrest and charge the senior chief Tafuna for masquerading contrary to section 12 of the Chiefs Act,Cap 287 of the Laws of Zambia,” the document reads.
The Lunga people complain that this is so because there is pending succession dispute involving the Chief before the High Court under cause no.2020/hp/342, in which the court is yet to declare the rightful heir to the Tafuna throne between Raphael Sikazwe Tafuna and Mathews Kakungu Siame.
“Zesco has no legal right to forcibly remove his royal highness[ Raphael Sikazwe]from his land and palace in favour of Mr Mathews Kakungu Siame, a person government mistakenly recognised as senior chief Tafuna,” they submit.
They now seek an interim injunction restraining Zesco and it’s agents or any politicians from evicting and forcing senior chief Tafuna to leave the Isoka palace or interfering with his rights pending further order of the court.
Further, they want a declaration that the Isoka palace constructed by Zesco is a corporate social responsibility for Raphael Sikazwe Tafuna, as senior chief Tafuna.
(Mwebantu, Friday, March 15th, 2024)