Maravi

Nkole turns down Task Force’s request to appear before court

Nkole turns down Task Force’s request to appear before court
Written by George Chellah
Monday, September 21, 2009 4:50:33 PM

THE Task Force on Corruption last week requested its immediate past-chairman Max Nkole to appear before court in the matter in which defunct Access Financial Services Limited (AFSL) directors Faustin Kabwe and Aaron Chungu are challenging its legality. But Nkole stated that his appearance before High Court judge Christine Phiri would be inappropriate until and unless imputations on his character were cleared.

In a letter to Nkole dated September 15, 2009 which was also copied to a Mr S Lukangaba, assistant senior state advocate, Task Force chief of administration/operations Diamond Likashi requested Nkole to attend court before judge Phiri.

“Re: Faustin Kabwe and Aaron Chungu vs Attorney General. Subject matter refers. You are requested to kindly ensure attendance of court before judge C.B Phiri at 09:00 hours on Wednesday, September 16, 2009. Find attached hereto copy of a self explanatory letter from Ministry of Justice dated September 15, 2009,” Likashi stated.

And according to the letter to the Task Force acting chairman dated September 15, 2009, assistant senior state advocate S. Lukangaba asked the Task Force to ensure that Nkole attended court on Wednesday September 16, 2009.

“Dear Sir, Re: Faustin Kabwe and Aaron Chungu Vs Attorney General. The above caption refers. The applicants commenced proceedings by way of Judicial Review challenging the legality of the Task Force. Your predecessor Mr Maxwell Nkole deposed to an Affidavit in Opposition of the Notice for Judicial Review,” Lukangaba stated.

“He is required to be cross examined on the facts contained in the Affidavit. Kindly ensure the attendance of Mr Nkole before judge C.B Phiri at 09:00 hours on Wednesday the 16th of September, 2009.”

But in a letter to Lukangaba dated September 16, 2009, which was also copied to the Task Force officer-in-charge and his lawyers Messrs Fraser Associates, Nkole stated that his appearance before justice Phiri would be inappropriate until and unless imputations on his character were cleared.

“With reference to your letter addressed to acting chairman of Task Force on Corruption dated 15th September, and that of Task Force chief administrator of same date marked TFC 64/2/1 requesting my attendance at Court before justice C.B Phiri in the matter above, I wish to inform you that my attendance will be contigent upon certain benchmarks being met by your office. (1) My attendance costs will be paid prior to appearance at K500,000 per hour spent at Court and includes my security,” stated Nkole. “

(2) My transport costs will be paid at K150,000 per kilometer to and fro my residence (wear and tear of car and fuels), bearing in mind that government transport was withdrawn from me by Task force immediately my services were terminated.

(3) A written undertaking from your office to confirm that my service with GRZ were terminated NOT on account of indiscipline on my part, but through a normal lapse of service contract. As you know my four-year service with GRZ was terminated on 26th August, 2009 amid accusations that I defied instructions from government which accusation is of course totally untrue. Besides, prior to my removal, I was never given chance to be held regarding the alleged ‘defiance of instructions'.

“In the foregoing circumstances, my appearance before justice Phiri will be inappropriate until and unless imputations on my character are cleared and an attestation of my good service to government is confirmed by your office through a written letter addressed to me. Further correspondence on this matter should be addressed to my lawyers Messers “Fraser Associates” of Fintex Building, Lusaka, who by copy of this letter have my instructions to act for me.”

Labels: COURTS, MAX NKOLE, TASK FORCE

posted by MrK @ 3:51 PM