EX-Zambia Red Cross Society boss Charles Mushitu and two others have sued the State for malicious prosecution and are demanding K4.5 million as special damages in respect of money paid as legal fees.
In a statement of claim filed in the Lusaka High Court, Mr Mushitu, Mr Sydney Chituta and Ms Florence Tembo, all former employees of Zambia Red Cross Society are claiming damages for mental stress, anguish and inconvenience arising from malicious prosecution.
Mr Chituta was employed as finance manager until October 3, 2012 when his contract was terminated while Ms Tembo was orphans and vulnerable children, OVC, officer until December 10 2010 when she left employment.
They stated that they were summoned to appear before the Drug Enforcement Commission (DEC) on September 9, 2013 for undisclosed reasons.
DEC then arrested and charged them with 13 counts of obtaining credit by false pretences, forgery and uttering, making false documents
It was alleged in one of the counts that between January 19, 2010 and January 31, 2012 they obtained K28, 000, 000 unrebased loan from ECO Bank by pretending that they were employees of Red Cross when in fact not .
It was also alleged that jointly and whilst acting together with other persons unknown with intent to defraud did make a false document that he was an employee of Zambia Red Cross Society when in fact not.
“On November 18, 2013, the defendant through its agent DEC maliciously and without reasonable and probable caused them to appear for the 13 charges before Jennipher Bwalya when they knew they did not commit any of the 13 counts. Only three of them were signalled out of the 20 who obtained loans under the loan scheme,” they stated.
They stated that after eight years, eight months of appearing in court, Magistrate Bwalya on June 8, 2022, the charges were terminated in their favour and dismissed all the charges at case to answer stage.
They stated that subjecting them to such treatment, they were injured in their reputation, professional standing and were put to considerate trouble inconvenience anxiety and have suffered loss.
