PASME Community Radio Station is demanding K2 million from government and Petauke District Commissioner Velanasi Moyo as damages emanating from the latter’s decision to disrupt a paid for radio programme featuring UPND leader Hakainde Hichilema, failure to which she will be sued in her personal capacity.
According to a demand letter dated August 17, 2020 for damages for trespass addressed to Moyo by lawyers representing the radio station Messrs PNP advocates, the DC is on August 13, this year around 19:30 hours alleged to have stormed the premises of PASME community radio station and ordered that it stops airing Hichilema’s paid-for radio programme.
Following management’s refusal to heed Moyo’s directives the latter called the police and directed them to switch off the radio station to which they did and remained off air for four hours.
The action by Moyo is said to have endangered the proper functionality of the radio equipment and caused it serious loss of business for the time it remained off air.
It is alleged that staff at the radio station were falsely imprisoned to which mental torture, anxiety and anguish were inflicted on them.
“We have been informed that you (Moyo) have since ordered the closure of our client’s community radio station until further notice because they did not apply for and were not issued with a police permit to air content from an opposition political party. According to you, a radio station should obtain a police permit in order for it to air political content from an opposition political party,” reads the letter. “The forgoing lawless acts show your clear misapprehension of your role as District Commissioner. By your said actions you breached our client’s constitutional rights as enshrined in Article 20 of the Bill of Rights of the Constitution chapter one of the laws of Zambia. You have occasioned damages to our client when you not only trespassed on their property but also against their property. Your act of switching off the radio station caused them damage as it led to loss of business.”
Mara Phiri, who is representing PASME Community Radio Station, indicated that PNP had instructions to demand K1 million as damages for Moyo’s lawless acts by today failure to which a lawsuit will be commenced against her in her own capacity and personal cost.
And in a letter copied to the Secretary to the Cabinet and Eastern Province permanent secretary, lawyer Gilbert Phiri who is also representing the community radio station says his client is demanding an unqualified apology from government and an assurance that the lawlessness exhibited by Moyo would not be repeated by any of its servants whenever the radio station features broadcasts from opposition political parties.
Phiri, in a demand letter on behalf of his clients, said the government was liable for the petulant and uniformed actions of its servant, Moyo.
“Specifically our client demands settlement of damages on the sum of K1,000,000 for trespass to premises and on property, false imprisonment and loss of business. We hope to hear from you regarding this claim not later than Friday, August 21,2020,” reads the letter.