Maravi

Nevers sues Times, Daily Mail

Nevers sues Times, Daily Mail
By Mwala Kalaluka and Namatama Mundia
Wed 04 Jan. 2012, 13:55 CAT

FORMER Zambian High Commissioner to Canada Dr Nevers Mumba has sued the Zambia Daily Mail and its deputy managing editor Anthony Mukwita for defamation of character over the K500 million Barrick Gold scandal article.

And Pastor Mumba has sued the Times Printpak Zambia Limited, the producers of the Times of Zambia for defamation. According to a statement of claim, where the Zambia Daily Mail and Mukwita are cited as first and second defendants respectively, filed in the Lusaka High Court registry, Pastor Mumba, a former Republican vice-president, is also seeking an junction restraining the respondents, their servants and agents from further publishing, printing and distributing same or similar libel articles about him.

He is claiming damages including aggravated or exemplary damages for defamatory libel in the Zambia Daily Mail article which was printed, published and distributed by the defendants electronically and by hard copy on 21 December, 2011 in the article headed ‘Nevers in K500m gold scandal'.

He said he was at all material times a politician and member of the MMD who had held various positions, the last being that of Zambian High Commissioner to Canada.

Pastor Mumba claimed he was also an ordained pastor and founder of the well-known Victory Ministries and a television evangelist who was widely known both in Zambia and internationally and that the story published about him by the Zambia Daily Mail was false and malicious.

He said the words in the article were false and published out of malice and reckless disregard for the truth.

He said the words in their ordinary and natural meaning were understood to mean that he was a criminal who was connected to an illegal criminal scheme involving K500 million gold cash.

Pastor Mumba said the article was also understood to mean that the man of God failed to resist money temptation and solicited for and reasonably received US$122,000 from Barrick Gold which he personally benefited from.

He further stated that the words also meant that he diverted money from Barrick Gold and misapplied it to some use other than what it was meant for which amounted to obtaining money by false pretences and or theft by public servant.

Pastor Mumba said the article alleged that he was paying "ghost" workers or company for the work which was not done and was not fit to hold any political office.

He said the article was part of the orchestrated scheme to lay fraud and that he flouted government procedures with regard to the Barrick Gold.

He said as a result of the story, his political ambitions have been severely dented more so that the Zambia Daily Mail newspaper ignored his statement that he sent to them which offered clarification and explanation on the issue.

Pastor Mumba is also demanding interest and costs relating to the legal suit.

And Pastor Mumba, in another suit against the Times of Zambia, said the December 13, 2011 article titled cops challenge Nevers Mumba… provide answers to allegations of impropriety was defamatory of him.

"The plaintiff is at all material times a prominent politician and aspiring presidential candidate in Zambia's leading opposition party, the Movement for Multiparty Democracy as well as a clergyman and immediate past Zambia's High Commissioner in Canada," reads the statement of claim filed by his lawyer Sunday Nkonde.

"On 13 December 2011, the defendant (Times Printpak) caused to be published defamatory material on its front page under the headline Cops challenge Nevers Mumba … provide answers to allegations of impropriety with the following words: The Zambia police service yesterday said former High Commissioner to Canada Nevers Mumba should prepare answers to allegations of impropriety about his work at the High Commission in Toronto. Police spokesperson Elizabeth Kanjela told journalists at her office in Lusaka yesterday shortly after Dr Mumba appeared before a team of investigators that the former High Commissioner should not complain of victimisation but should allow the law to take its course."

Pastor Mumba contended that the said words in their natural and ordinary meaning were understood to mean that he was a suspected criminal and that he had known cases of impropriety at the High Commission in Toronto, Canada, which he had to answer to.

"That the plaintiff is guilty of impropriety unless he proves to the contrary. The said words were calculated to disparage the plaintiff and to diminish his political ambition. The said words were calculated to cause injury and did cause injury to the plaintiff's reputation and as a result the plaintiff has suffered ridicule, contempt and public odium," reads the statement of claim.

"By reason of the above, the plaintiff has been greatly injured in his character, credit and reputation as a national leader and clergyman."

Labels: COURTS, DAILY MAIL, NEVERS MUMBA, THE TIMES

posted by MrK @ 5:23 PM