Judges join a crusade of lies

Judges join a crusade of lies
By The Post
Sun 27 May 2012, 13:30 CAT

WE have been quiet while so many lies were being peddled against us by the suspended judges and their supporters in the opposition. But as we have stated before, we have been quiet not because we have nothing to say or we are without any sensible explanation to make about what is going on. We know there are elements in the opposition who feel they have reasons to fight us. It is their prerogative, let them feel free to do so. But it is important for them to fight us with the truth.

Lies may give them some temporary bliss, but that will soon be replaced with disappointment. The lies that have been told about our involvement in Zambian Airways are shocking. What is more disappointing is that even a High Court judge saw it fit to join in the lies.

Nigel Mutuna joined the lies that Rupiah Banda and those that wanted us crushed peddled. The Post, or rather Post Newspapers Limited, invested US$3 million in Zambian Airways because the Development Bank of Zambia asked the then existing shareholders to find more equity investors.

Post Newspapers Limited did not go to the Development Bank of Zambia to borrow any money or to guarantee any loan for anyone else, including Zambian Airways. When the Development Bank of Zambia advanced Zambian Airways money, Post Newspapers Limited was not a shareholder in that airline, was nowhere near that transaction.

There is nowhere where Post Newspapers Limited ever guaranteed any loan of Zambian Airways with the Development Bank of Zambia. There is no way Post Newspapers Limited could have guaranteed a loan that was already given.

Where would the consideration lie? Past consideration for a loan that was already given on some agreed terms and conditions? Post Newspapers Limited has never borrowed money from the Development Bank of Zambia or guaranteed any loan by it.

When Zambian Airways had problems and discussions were held with those who controlled the Development Bank of Zambia, a suggestion was made that the Development Bank of Zambia converts its loan to Zambian Airways into shareholding.

But before this could be done, the Development Bank of Zambia asked the shareholders of Zambian Airways, which now included Post Newspapers Limited, to guarantee that when they decide to sell their shares, we should agree to buy them out because the company was not listed on the stock exchange for them to easily sell their shares.

Their argument was that they were a development bank and not an investing one, so they didn't want to stay in the aviation industry forever. As soon as the airline started doing well, they would like to leave and wanted us to guarantee them that opportunity to exit. We agreed. We saw no problem with their request.

But the Development Bank of Zambia never became a shareholder in Zambian Airways because Rupiah and his friends stopped it. And they made their decision to do so publicly. Their request to us was not for guaranteeing their loan to Zambian Airways because that was no longer necessary.

The deal had already been done and money advanced before we became shareholders. What we guaranteed them was a buy-back at a later stage when they want to exit as shareholders. Shares cannot be guaranteed because it is not debt that requires security.

Today they want us to buy shares they don't have. They claim we owe money to the Development Bank of Zambia. How? This case went to court for politics to try and get us out of existence before last year's elections or if that was not possible, soon after the elections.

Even their own public propaganda outlets during that period used to state this, made it clear that The Post will not exist for long after the elections. When they failed to push this agenda of theirs before judge Albert Wood, they withdrew the file from him ruthlessly using their friends in the Judiciary.

When we complain, they say we have no respect for courts. Were we supposed to watch as they rig the court system to fix us? Is this what they call respect? Mutuna went all out to try to fix us. And at no time did he hide his agenda. This is why he was in a hurry to pass his so-called judgment. It is clear he also wanted to fix Mutembo Nchito, for whatever reason.

When he found the claim against Mutembo to be without merit, he went on a wild goose chase looking for akafukwa! This innocent man had to be crucified, whatever it took. All sorts of lies were thrown at Mutembo by Mutuna.

Mutuna said things about Mutembo in his judgment that he cannot justify or prove, things that were not even part of the Development Bank of Zambia's claim. Mutuna had just to find something, even where there was nothing, to throw at Mutembo in an attempt to humiliate him.

Having misbehaved, they are surprised they are in trouble. What is the government supposed to do when the Judiciary misbehaves? Sit and watch because they have misbehaved against the Director of Public Prosecutions? What kind of nonsense is this?

The government should do nothing because it is The Post that is offended? Are we not entitled to justice? How many times have we been thrown in jail for nothing? How many times have they connived to put us behind bars? Should we be mistreated simply because we know the President?

These people want The Post punished for investing its own hard-earned US$3 million! They accused us of stealing and we told them to arrest us. And this was when they were in power. What did they do? When they found we had done nothing wrong, they simply went quiet. Today they want to use underhand mafia tactics to get at us. It will not work.

Those in the opposition who are parading themselves to attack us, calling us names, let them tell us if some of them have never lost businesses. Let them tell us. We ask Elias Chipimo and Hakainde Hichilema to tell the Zambian people if they have never been involved in a business that has gone under. We lost money due to political attacks and today we must accept to be treated unfairly, why?

Which lawyer, judge, politician or for that matter any Zambian citizen would accept to have their case handled the way ours was handled?

Let them tell us if there is nothing wrong with the way our case was handled instead of raising emotions about debts we did not owe. The Post is not Zambian Airways, Mutembo is not Zambian Airways. They worked hard to kill that airline. Let them get the money from the company they killed for petty politics.

The Post has a very good standing with banks in this country and abroad. The Post has never failed to pay back a loan. We challenge them to find one bank in this country and in this world where The Post has gone to borrow money and has failed to pay back.

We are not like them who fail to pay debts. The Post doesn't owe the Development Bank of Zambia any money, any ngwee. If The Post owed the Development Bank of Zambia any money, it would be paid without fail.

We know they have been mobilised by criminals in MMD who are too scared to come out in the open. But again, it won't work, it won't do.

It is not a secret that some elements in the opposition had declared us their enemy number one. So we are not surprised that if there is a lie to tell about us, it is them who hire themselves out to do it. It is said that "you have to hate someone to want to hurt him with lies. Insincere talk brings nothing but ruin" (Proverbs 26:28).

They must not forget that "people who set traps for others get caught themselves.

People who start landslides get crushed" (Proverbs 26:27). And "it is wrong for a judge to be prejudiced" (Proverbs 24:23); "Don't give evidence against someone else without good reason, or say misleading things about him" (Proverbs 24:28); "If you want to plant seeds of injustice, disaster will spring up, and your oppression of others will end" (Proverbs 22:8); "Sensible people see trouble coming and avoid it, but an unthinking person will walk right into it and regret later" (Proverbs 22:3).

What they are trying to do was tested in Kenya and failed. There is no reason why it should succeed here. Some people ruin themselves by their own stupid actions and then blame others for it. You will live with the consequences of everything you say or do.

Arrogant people are on the way to ruin. And "anyone who thinks and speaks evil can expect to find nothing good - only disaster" (Proverbs 17:20); "Evil people look for ways to harm others; even their words burn with evil" (Proverbs 16:27).