K1M UPND CADRE AWARD QUESTIONED

…Wynter Kabimba SC, demands that payments of K1 million awarded to each of the 10 UPND cadres through consent judgements for alleged false imprisonment, malicious prosecution should be stopped or refunded in full

By NATION REPORTER 

WYNTER Kabimba, SC has demanded that the payments of K1 million awarded to each of the 10 UPND cadres through consent judgements as compensation for alleged false imprisonment and malicious prosecution should immediately be stopped or refunded in full because the payments are legally unjustified.

Mr Kabimba, the leader of the Economic Front party has given the Attorney General an ultimatum of seven days within which to cause the stoppage or refund of the K1 million to each of the 10 UPND cadres as compensation, for he would have no option but to proceed to court to have the consent judgement quashed. 

In a letter to the Attorney General on the consent judgement entered into in a case involving UPND cadres, Mr Kabimba said apart from claims that the ruling party members were businessmen, there was no evidence to prove the nature of the businesses against the amounts being awarded.

Mr Kabimba of WM Kabimba and Company law firm said K1, 000, 000 awarded to the UPND cadres in the consent judgement was arbitrary because it had no basis and lacked merit.

The consent judgement in which the UPND cadres have been awarded K1 million each is dated July 12, 2023 and the cadres were represented by Martha Mushipe and Company law firm. 

“There is no evidence from the documents filed in court to prove the plaintiff loss of business in the sum of ZMW 1, 000, 000. For a matter which did not go beyond the issue of the orders for direction by the court, payment of the untaxed legal costs in the sum of K700, 000 is unjustified by any stretch of imagination,” Mr Kabimba stated in his letter to the Attorney General.

He said it had been noticed with dismay the trend of entering consent judgements in civil cases in favour of the ruling party members since the UPND came to power, leading to colossal payments to the litigants.

“In this particular case, we have been furnished with documents relating to Cause No 2022/HP/1441 including the consent judgement thereof. We have advised our clients that the terms and conditions of the consent judgement in question are not in any way supported by the statement of claim and even the bundle of documents filed by the plaintiff,” Mr Kabimba said.

He said however that what was clear from the documents was that all the issued pleaded were contentious and required to be determined on their merits at trail.  

Mr Kabimba, one of Zambia’s prominent lawyers said the perusal of the court documents had shown that the officer in the Attorney General’s Chambers who was charged with the conduct of the case for the UPND cadres was professionally incompetent.

He said if it were not for incompetence for the officer who handled the UPND case, then there could only be dereliction of duty for which he said Zambians should not be made to incur such undeserved payments to the UPND cadres.  

[/ihc-hide-content