Thu, 03 Nov 2016 13:06:58 +0000
Liquidator Mosho wants independent lawyers to deal with the POST matter.
LEWIS Mosho, the liquidator of the Post Newspaper has with immediate effect fired Nchito & Nchito from representing the newspaper and has warned the firm against masquerading as the legal counsel of the newspaper.
And Post Newspaper owner Fred M’membe has been given a seven-day ultimatum in which to surrender a catalogue of all the assets and properties of the Post Newspaper (in liquidation) Meanwhile, Mr Mosho has appointed Messrs Palan and George Advocates as the new lawyers for the provisional liquidation of the Post Newspaper. In a letter dated November 2, 2016 addressed to Messrs Nchito and Nchito, Mr Mosho said, as provisional liquidator of the Post Newspaper, he had decided to terminate the legal services of the Nchito brothers to the Post Newspaper with immediate effect.
He stated that following the placement of the Post Newspaper under compulsory liquidation and his appointment as provisional liquidator, Messrs Nchito and Nchito have had their legal services terminated. Messrs Nchito and Nchito have since been requested to submit their outstanding fee notes (if any) in regard to the legal services they rendered to the Post Newspaper until now. Mr Mosho has, however, sternly warned Messrs Nchito and Nchito that the firm would be reported to the Law Association of Zambia (LAZ) should they continue representing the Post Newspaper currently under compulsory liquidation. In a letter captioned: Termination of your legal services to the Post Newspaper Limited (in liquidation), Mr Mosho said: “Kindly be advised that the Post Newspaper (in liquidation) has been placed under compulsory liquidation and I have been appointed provisional liquidator thereof. Kindly be advised that I have with immediate effect terminated your engagements as Advocates for the Post Newspaper Limited. I hasten to state that should I hear or learn of your continued representation of the Post Newspaper or whosoever or whatsoever without my written permission or authorisation, you will be reported to the Law Association of Zambia for professional misconduct,” Mr Mosho warned. And in a separate letter to Mr M’membe, Mr Mosho said one of his powers as provisional liquidator of the Post Newspaper was to take custody and control of all the assets of the Post Newspaper. Mr Mosho said in accordance with his powers, he had requested Mr M’membe to submit a catalogue of all the assets and properties of the Post Newspaper within seven days. And in a letter to Messrs Palan and George Advocates, Mr Mosho stated that one of his powers as provisional liquidator of the Post was to bring or defend any action or any other legal proceedings in the name and or on behalf of the Post Newspaper.
Mr Mosho said, as provisional liquidator, he had appointed Messrs Palan and George Advocates as co-advocates to the provisional liquidator with immediate effect. He has also appointed Lewis Nathan Advocates as co-advocates for the provisional liquidator of the Post Newspaper and all the letters signed by Mr Mosho were written on the Post Newspaper Letterhead.
Meanwhile, sources have indicated that Zambia Revenue Authority, Investrust Bank and the Development Bank of Zambia might apply to be joined to the High Court matter in which the Post Newspaper has been placed under provisional liquidation following five former workers who sued over unpaid monies owed to them by the company.
The Post, together with other business associates, owes the Development Bank of Zambia (DBZ) about K14 million in an unpaid loan and National Airport Corporation about US$ 1.9 million as at 2008. Others were Investrust Bank with about US$3million in an unpaid loan obtained under Mortgage numbers 54018 and 54019. ZRA recently won a court action to recover money owed in unpaid taxes by the Post, including non-remittance of VAT which has landed the publication in huge debts amounting to about K53 million.