Tuesday, October 09, 2012

LAZ asks Sikota to respond to Essa's professional

LAZ asks Sikota to respond to Essa's professional misconduct accusations
By Ernest Chanda
Tue 09 Oct. 2012, 12:00 CAT

LAZ has given Lusaka lawyer Sakwiba Sikota 14 days within which to respond to allegations of professional misconduct raised against him by former Mahtani Group of Companies legal counsel Zaheeda Essa.

On September 26, 2012, Essa wrote to the LAZ's Legal Practitioners Committee, accusing Sikota and others of forcing her to disclose information against her client Rajan Mahtani.

In a letter to Sikota's law firm Central Chambers dated October 1, 2012 and signed by Law Association of Zambia administrative assistant Sipelile Mwilwa and copied to Essa, the lawyers' body warned that it would hear his case in absentia if he did not respond to the allegation within the specified period.

"Please find enclosed herewith copy of a complaint received against yourselves. Kindly let us have (3) three copies of your response within the next 14 days from the date hereof," stated LAZ.

"Please note that the Committee may proceed to hear and determine the complaint in absence of your response."

Essa, a British national resident at 2A/14/377a, Chila Road, Kabulonga, Lusaka, who is also an advocate of the High Court of Zambia practicing under the name AED Advocates, said she was forced by Sikota on instructions from former president Rupiah Banda to engage in activities detrimental to Dr Mahtani's business interests.

In her letter to the LAZ's Legal Practitioners Committee honourary secretary Mrs Mutimushi, dated September 26, 2012, Essa accused Sikota of professional misconduct and that circumstances attending to the complaint were contained in her affidavit.

"For the period May 2005 to November 2010, I was Legal Counsel for the Mahtani Group of Companies MGC," Essa's affidavit read. "Shortly before leaving my employment with the MGC, against my free will and choice, I was forced to engage in activities which were detrimental to the interests of the MGC, its employees as well as my own interests as a person and legal practitioner."

She submitted that against her free will, Drug Enforcement Commission DEC officers made her a witness in criminal proceedings against some of the officers of the MGC and that she was forced by the officers to discuss matters and information that had come to her in her capacity as Legal Counsel for MGC.

"At the insistence of the officers of DEC working together with Mr Sakwiba Sikota of Central Chambers, who was acting for and on behalf of his clients namely, Messrs Mohamed Salama, of Flame Promotions and Procurements Limited, Oddyseas Mandenakis, of Ody's Works Limited and Hotellier Limited and Mr Antonio Ventriglia, of Zambia Portland Cement ZPC," she stated, "I was forced to sign affidavits and witness statements which were later, without my knowledge, used in various cases in which some of the companies in the MGC were or are involved."

And in her confidential letter to Libongani dated September 26, 2012, Essa stated that her complaint was against Sikota and his clients Mohamed Salama, Odysseas Mandanakis and Antonio Ventriglia, who she accused of committing extortion.

"I would like to lodge a complaint against the aforementioned persons the offence of extortion pursuant to Section 297 of the Penal Code and any other offence you may deem fit. The brief circumstances leading to this criminal complaint lie in my affidavit, copy whereof I enclose," stated Essa.

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