Saturday, April 16, 2011

Kunda pleads immunity in defamation dispute

Kunda pleads immunity in defamation dispute
By George Chellah
Fri 15 Apr. 2011, 04:01 CAT

Vice-President George Kunda has claimed Presidential immunity for the alleged defamatory statements he issued against Michael Sata.

And Vice-President Kunda stated that he would request LAZ to discipline Lusaka lawyer Wynter Kabimba for attacking him, President Rupiah Banda and the Judiciary in the crudest manner. In a letter to Sata dated April 12, 2011, Kunda described the PF leader's letter to him in which he raised concern over his malicious utterances as outright insulting and constituted a grave libel upon him.

“You have defamed and insulted me as incompetent and unfit to hold public office,” he stated.
Vice-President Kunda, who put up a list of alleged defamatory articles against him by Sata and Kabimba published in The Post on different dates stated that those articles were still actionable. He claimed that when he was in Johannesburg, South Africa for medical treatment early last year, Sata kept phoning insisting that he had died.

“You have also referred to my health at public rallies and on Radio Ichengelo in Kitwe in the most uncharitable, inhuman, derogatory, sadistic and cruel manner,” Vice-President Kunda stated. “You have also called me a thief, mad, dull, corrupt etc on several other occasions. In fact, your defamatory onslaught on me has been going on for more than 10 years.”

Kunda stated that he had kept quiet hoping that as an elderly senior citizen, Sata would stop the alleged insults and defamation. He claimed that Sata, in league with Kabimba and other cronies, has kept defaming him, the late Levy Mwanawasa and President Rupiah Banda at will and with impunity.
“You are at liberty to go ahead with your threat of instituting legal action, but should you do that, we shall equally reciprocate with a substantial counterclaim for damages against you and your mischievous nephew/lawyer based on the above and other libelous articles, too numerous to mention,” he stated.

Kunda claimed that most of the statements he makes against Sata were factual and he was ready to substantiate them at any fora.

“In addition, you should bear in mind that when I make statements, I do so whilst performing presidential functions and accordingly I am not amenable to the civil jurisdiction of the courts. I must also state that your complaint against me to LAZ of alleged professional misconduct is misconceived. LAZ was not created to settle political scores,” Vice-President Kunda stated.

“Notwithstanding this position, however, I shall make this correspondence available to the Law Association of Zambia and request the association to discipline your nephew Wynter Kabimba who has not only attacked me and the President in the crudest manner, but also attacked the Judiciary. I shall only do so if the association decides to deal with your frivolous and vexatious complaint. You are therefore advised to withdraw the purported complaint.”

Vice-President Kunda stated that as government leaders, they have ignored Sata's wild utterances because they classified them as 'politics' not worth suing over.

“Further, we in government have thick skins and can absorb political punches and we are democrats. On your part, it appears you are oversensitive and with a very thin skin,” Vice-President Kunda stated.
In his letter to Vice-President Kunda dated March 30, 2011, Sata stated that he found it extremely appalling to learn of his malicious utterances against PF and himself during the MMD card renewal exercise in Kitwe.

“You made serious allegations which I list below as follows: (1) that you are aware of my being surrounded by homosexuals, (2) that I am raising money from foreign powers, by promoting homosexuality, (3) that I am guilty of having ill-treated people when I was in government, by demolishing houses in undesignated areas without giving the affected people alternative areas to live in and (4) that as minister of health I diverted government money to my personal account,” Sata stated.

“If you are indeed a lawyer worth his salt, to which I have serious reservations, I would urge you to stop playing to the gallery. Being a lawyer, a Minister of Justice or is it Injustice and Vice-President, your conduct is a serious breach of ethical rules and etiquette to which you are bound to observe as a practicing lawyer, in accordance with the provisions of the Legal Practitioner's Act Chapter 30 of the Laws of Zambia.

“Mind you, the language or behaviour which is outrageous or scandalous or which is deliberately insulting to members of the public or political opponents is a subject of professional misconduct on your part, and attracts disciplinary measures to be instituted against you by LAZ. And by a copy of this letter, I hereby register my complaint with LAZ against you, for professional misconduct.”

Sata told Vice-President Kunda that his behaviour pointed to the fact that he lacked statesmanship in his character hence not suitable for leadership position.

“It's by default that you even hold two positions which you do not deserve. In conclusion, please go back to school and learn managerial skills, they will help you to know how to manage people and also pray to God to give you wisdom to handle national affairs,” stated Sata.
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