'HH Lawyers Respond To Nawakwi's Allegations.'

Lawyers for opposition leader Hakainde Hichilema have responded to allegations that the UPND president enriched himself through state privatisation deals in the 1990s.

Representatives from Malambo and Company law firm have written to former finance minister Edith Nawakwi, accusing her of defamation of character for levelling false accusations of corruption against Mr Hichilema.

The full text of the letter can be read here:

2nd September 2020
Ms Edith Nawakwi
Farm No. LUSAKA

Dear Madam,

RE: DEFAMATION OF CHARACTER – YOURSELF AGAINST MR. HAKAINDE HICHILEMA

The captioned matter refers. We, together with the law firms copied here, act on behalf of Mr. Hakainde Hichilema (“our client”) and have been instructed to write to you as we do below on his behalf. Kindly note our interest in that regard.

Background

1. On 27th August 2020, you featured on a radio program entitled “the Hot Seat” hosted by Zachariah Chavula on Hot FM Radio Station which was also broadcast on Kwithu FM Radio Station (“the program”).

2. It is our understanding that the above mentioned radio stations enjoy immense and widespread coverage in Zambia and beyond, not only by reason of the radio broadcasts they transmit, but also because of the internet and other platforms via which their signal and broadcasts can be monitored from anywhere in the world.

3. Our instructions are that during the program, and subsequently thereafter on other forms of media including Zambia National Broadcasting Corporation Television, you made false, malicious and defamatory statements (“the defamatory statements”) against our client whose aim, purpose and effect was, inter alia, to expose our client to hatred, contempt and ridicule; to embarrass him in the eyes of the general public; to lower our client’s reputation in the estimation of right thinking members of society; to cause him to be shunned and avoided; and generally to create an impression in the minds of the global community, given our client’s international repute as a businessman and politician, that our client is a thief and/or a person of miscreant behaviour who does not respect the rule of law or deserve to hold public office as President of the Republic of Zambia, for which our client aspires.

4. Consequently, our client has suffered irreparable damage to his reputation, severe embarrassment, harassment, hatred and ridicule in respect of which our client has instructed us to seek reparation from you as we do here below.
   Particulars of defamatory statements

5. Without limiting the generality of the foregoing, and whilst our client’s right to make any or any further claim against you, in relation to your recent conduct towards him remains fully reserved, our clients instructions are that the defamatory statements were to the effect that:

   1. Our client is or was at the material time a criminal;

   2. Our client involved himself in theft and corruption by alienating a house located on Serval Road in Kabulonga, Lusaka (which you purport belonged to Lima Bank) to himself as liquidator of that institution;

   3. Our client involved himself in undisclosed illegality regarding the receivership of RAMCOZ; and

   4. Our client abused the privatization process in general and in particular with regard to the transaction for the sale of the assets of Mosi O Tunya Intercontinental Hotel in Livingstone and related assets which you allege that our client “sold to himself”.

6. As alluded to above, the allegations contained in the defamatory statements are devoid of any truth. They are malicious and aimed at damaging our client’s hard earned reputation as an astute businessman, as a person worthy of holding office as President of the Republic of Zambia and as a law abiding and God fearing citizen of Zambia, and the world at large, quite aside from being a clear violation of his guaranteed human rights.

7. The defamatory statements were made without due regard for the true factual position regarding the subject matter thereof and in contumelious disregard for the law.
   The allegation that our client is a common criminal

8. As you are aware, our client does not have any criminal record nor has he involved himself in any criminal activity. Should you fail to meet our client’s demands below and should this matter proceed for determination by a Court of competent jurisdiction, you will be put to strict proof on that allegation. Allegations relating to acquisition of property on Serval road in Kabulonga

9. Contrary to your false and malicious allegations, our client has never been a liquidator of Lima Bank nor has he ever purchased any property from Lima Bank in liquidation or otherwise.

10. Had you cared to take keen interest in events as they truly transpired, it would have come to your knowledge that while the Lima Bank liquidation commenced in 1997, the property in issue was acquired by our client in 1995 a good two years prior to the commencement of the liquidation process. Cleary your allegations are false and malicious in that regard.

11. Your allegation to the effect that our client involved himself in theft and corruption is therefore baseless and a purely malicious falsehood.

12. In any event, it is trite that any citizen is entitled to buy leasehold property in Zambia together with any unexhausted improvements thereon. Our client is no exception.

13. Had you exercised even the barest precaution in discharging your duty of care towards our client, you would have conducted a search at the lands and deeds registry to ascertain the true position before uttering the defamatory statements.

14. You may be aware of the age old principle that he who alleges must prove.
    Allegations relating to the Receivership of RAMCOZ

15. You are aware, and the records will show, that our client was never involved in the privatization of RAMCOZ which was sold by Government to the Binani Group of India in 1997 for a consideration of

16. Subsequently, upon failing to meet its financial obligations to ZANACO, RAMCOZ was placed under receivership in 2000. The appointed receiver manager was Mr Christopher Mulenga and not our client.

17. The receivership process was undertaken in accordance with the law and reports rendered to the appropriate stakeholders. Our client is not aware of any criminal complaint having been made against the receiver manager, Mr Christopher Mulenga, in relation to the receivership.
    Allegations relating to abuse of the privatisation process

18. All records relating to the sale of the assets of Mosi O Tunya Intercontinental Hotel in Livingstone and related assets are a matter of public record and will show that, in so far as our client played any role in that process, he did so within the confines of the law.

19. Moreover, we are aware that the Zambia Privatization Agency (“ZPA”), and ultimately Government, like any other seller in a transaction for the sale and purchase of assets, is obligated to, and did, conduct a due diligence exercise on all potential buyers of privatization assets.

20. The foregoing therefore entails that at all stages of the transaction for the sale and purchase of the privatization assets, the ZPA was fully informed on all material particulars of potential buyers, especially such material particulars as were already in the public domain.

21. You may also wish to note that the sale of Mosi O Tunya Intercontinental Hotel and related assets to the successful bidder has greatly benefited the people of Zambia as it is one of the few success stories of the privatization exercise, contrary to the innuendo created by you in the defamatory statements.

22. Your allegations of improper conduct on the part of our client (to the alleged detriment of the people of Zambia) are, despite their malicious venom, therefore baseless both in law and in fact.
    Particulars of harm caused to our client (inter alia)

23. Irreparable damage to our client’s reputation given that you purported to make the defamatory statements from an informed position in your capacity as a former Minister of Finance worthy of being believed on that score.

24. Aggravated damage to our client’s reputation owing to the malice and venom with which the defamatory statements were made and published to a global audience of several million people.

25. Mental distress, anguish and torture.

26. A stain on our client’s candidature for President of the Republic of Zambia in so far as the defamatory statements cast aspersions against our client to the effect that he is not a fit and proper person to hold the highest public office of the land.

27. Harassment at the hands of overzealous state operatives that have declared their intention to maliciously prosecute our client on the back of your defamatory allegations as evidenced by the press statement recently issued by the Chief Government Spokesperson to that effect.
    Our client’s demands

28. Our instructions are therefore to demand the following:

    1. A detailed and unreserved retraction and apology from you to be published in like manner and with equal prominence to the defamatory statements, the text of such retraction and apology to be approved by us;

    2. That you undertake in writing to desist from making the defamatory statements or any similar statements going forward.

29. While our client recognizes that your actions have caused him irreparable harm that cannot be atoned for in monetary terms, you will note that he has been put to great expense and inconvenience on account of your conduct.

30. This entails that our client has incurred and continues to incur great expense both locally and internationally in order to mitigate the harm that you have caused to him. Our client places the cost of the foregoing, which includes legal costs incurred thus far, at the conservative sum of which our client hereby demands from you. Our client is amenable to, receiving reasonable proposals as to how you intend to settle the said sum.

31. 31. Our client’s rights however remain fully reserved.

32. Save as stated in paragraph 30 of this letter, our client further demands, in view of the pressing nature of this matter, that you address his demands within 24 hours hereof, that is to say by no later than Thursday 3 rd September 2020, failing which our client will be constrained to take out proceedings before an appropriate forum so as to protect his interests.

33. Should our client be forced to do this, it will be without further recourse to you and at your cost.

34. Kindly note that owing to the public nature of your actions towards our client, we have been instructed to, and do hereby, avail a copy of this letter to the media for their information by way of a press statement.

Yours faithfully,

MALAMBO AND COMPANY