Sunday, October 24, 2010

Duo appeals over Thandiwe’s ‘donations’

Duo appeals over Thandiwe’s ‘donations’
By Maluba Jere
Sun 24 Oct. 2010, 10:10 CAT

TWO women from Chinsali and Isoka who sued first lady Thandiwe Banda over her money-dishing trips to various districts in the country without any Parliamentary budgetary allocation have appealed against the High Court’s decision to throw out their application.

According to a notice of appeal filed in the Supreme Court, Evelyn Kangwa of Kalalantekwe Village in Chinsali district and Marjorie Nakaponda of Chiwanda Village in Isoka district were appealing because they were dissatisfied with the whole judgment.

This is in a matter where the duo sued Thandiwe in the Lusaka High Court over her recent charity trips to some districts of Northern Province.

Attorney General Abyudi Shonga was sued as the second defendant, pursuant to the provisions of the state proceedings Act, Cap 17 of the Laws of Zambia. In a statement of claim filed in the Lusaka High Court on September 8, 2010, the two women stated that since Thandiwe moved into State House or before that, she had not registered any non-governmental organisation (NGO) for whatever purposes.

“As a spouse of the President of the Republic of Zambia the 1st Defendant (Thandiwe) has no official status in the government or legal functions to perform for and/or on behalf of the government, ministries of government or departments,” the two women stated.

“From the year 2009 to date the 1st Defendant has undertaken personal trips without the company of the President of the Republic of Zambia to various districts in the country, visiting traditional rulers and purported clubs of women giving out amounts of money and various items and goods as gifts which moneys, in the absence of any express disclosure of the source by the 1st Defendant, is money from the treasury of the Republic of Zambia.”
The two women stated that the trips by Thandiwe involved the use of government motor vehicles and at times helicopters from the Zambia Air Force.

But in his ruling last week, High Court judge in-charge Philip Musonda dismissed the application on grounds that granting such an injunction would be a violation of the Constitution and the Financial (Control management) Act whose statutes have appointed officers to receive, pay and audit the revenue of government.


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