Fri, 16 Feb 2018 13:11:49 +0000
By CHINTU MALAMBO
CHISHIMBA Kambwili has requested the Lusaka High court to dismiss an application to set aside originating summons in a case in which he sued Special Assistant to the President for Press and Public Relations, Amos Chanda, for alleged defamation.
Earlier, Mr Chanda requested the court to throw out Mr Kambwili’s defamation claims on grounds of irregularities.
Mr. Chanda filed an affidavit in support of summons to set aside the originating process for irregularity on grounds that Mr Kambwili’s full address was not endorsed in accordance with the amended High Court rules.
When the matter came up for hearing before High Court Deputy Registrar Irene Washimanga yesterday, the court could not proceed because Mr Kambwili had already filed an affidavit in opposition.
In his affidavit, Mr Kambwili through his lawyer Christopher Mundia, indicated that the amended originating process was readily available to be filed.
Mr Kambwili argued that it was not a proper case for the court to dismiss the originating process as the said amendments would cure the alleged defects complained of by Mr Chanda.
He said it would be prejudicial to him if the origination process was set aside especially that he seeks the protection of the court against Mr Chanda’s serious allegations to the damage of his reputation.
Mr Kambwili argued that cases must be decided on their merits and substance and not to be terminated especially if the defects are curable.
This is in a matter in which, Kambwili who is Roan Member of Parliament, sued Mr Chanda over alleged defamatory statements issued against him.
Mr Kambwili accused Mr Chanda of calling him a scrap metal thief in an interview that was allegedly given to then online publication, News Diggers.
He alleged that the said words were understood to mean that he was a well-known documented scrap metal thief and a thief in general.
The matter comes up on March 1st 2018 for ruling.