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(LUSAKATIMES) Bob Sichinga did not defame MMD as a party over the printing of fake K 3 trillion-Government Lawyers

Bob Sichinga did not defame MMD as a party over the printing of fake K 3 trillion-Government Lawyers
TIME PUBLISHED - Wednesday, September 12, 2012, 7:34 am

Government has asked the Lusaka High court to dismiss the case in which the MMD has sued Commerce Minister, Bob Sichinga and Government for defamation over allegations that the former ruling party printed fake money amounting to K3 trillion arguing that the party has no legal right to sue.

Major Richard Kachingwe, the MMD Secretary-General, on behalf of the party, sued Mr Sichinga and the Attorney-General, Mumba Malila for special and punitive damages among others, over allegations that the MMD during the run to September 2011 elections, printed K3 trillion in fake notes which it allegedly used to bribe the electorate to vote for it.

Maj. Kachingwe contended that the allegations by Mr Sichinga were untrue because as a political party in Government, prior to the General elections, the MMD never printed any such money.

But the State in its arguments submitted before High Court deputy registrar, Charles Kafunda yesterday, asked the court to dismiss the matter saying Maj. Kachingwe had no locus standi as it was the Government of the MMD which was alleged to have printed the said money and not the party.

The lawyers from Attorney-General’s chambers asked the court to dismiss the matter with costs to the applicants because the MMD as a party could not be defamed as such it could not sue for defamation.

“We still rely on what we said in our affidavit in opposition that the MMD Government and MMD party are two different entities. We are making an application for the court to strike out the writ and statement of claim. The gist of our application is that there is no actionable case against the defendants and it is not attainable at law,” the submissions read in part.

The lawyers said that MMD being a political party could not, at law, be defamed and could not sue for defamation because the law did not allow for Government or political party to sue for defamation.

The Government further contended that the court presiding over the matter has the jurisdiction to hear the application before it.

“The applicant as a political party cannot sue for defamation because the law for defamation does not allow for government or a political party to sue for defamation. On jurisdictions, we submit that this court has jurisdiction to hear this matter before it,” the lawyers from the Attorney-General said.

But MMD lawyer, a Ms Mundala from Robison Malipenga and Company urged the court not to entertain the preliminary application raised by the State.

Ms Mundala said that the MMD as a political party was the right entity to sue and that Maj. Kachingwe as a secretary general could sue on behalf of the party.

She said it was up to the trial court to determine whether or not the statements made by Mr Sichinga referred to the plaintiff or the MMD party.

Ms Mundala said that the MMD was the party which formed Government and could be defamed as it had identifiable political leadership.

She said a political party like MMD could sue and equally be sued.

Mr Kafunda reserved ruling to October 18 2012.

Labels: KWACHA, ROBERT SICHINGA

posted by MrK @ 2:17 PM