Case in which Kunda and wife have sued Sata and QFM commences

Patriotic Front presidednt Michael Sata’s lawyer Bonaventure Mutale has asked a Lusaka court to strike out Vice-president George Kunda’s wife, Irene, from being part of the proceedings in which Mrs. Kunda and George Kunda law firm have sued the PF leader for Libel.

Muvit TV reports that in the application for a preliminery issue filed in the  court, Mr. Mutale argued that Mrs. Kunda is improperly joined to the proceedings.

But the plaintiff’s lawyer Professor Patrick Mvunga has asked for some time for him to get instructions from his clients before responding to the application.

Professor Mvunga has since been given up to February 10, 2011 to respond to the application.

This is in a matter in which the law firm for vice president George Kunda and his wife Irene has sued Mr. Sata and QFM Radio for libel.

Mr. Sata has been sued following his remarks made on QFM radio alleging that George Kunda and Company was paid K3.5 billion Kwacha, by the Ministry of Finance and National Planning, contrary to a court order.

According to a statement of claim filed in the high court, Mrs. Kunda, who is the second plaintiff and George Kunda and Company, being first plaintiff, claim that Mr. Sata’s words in their natural and ordinary meaning meant and were understood to mean that the first plaintiff and second plaintiff are dishonest in their conduct.

Mr. Sata’s words are also said to have  implied that the plaintiffs are not fit to practice law in Zambia, in that, they had committed a criminal offence of fraud and theft of K3.5 billion kwacha public funds and are liable for prosecution.

The plaintiffs claim that on January 18, 2010, Mr Sata was featured on QFM Radio, where he falsely and maliciously alleged that Vice-President George Kunda had plundered public funds and that he had since written to President Rupiah Banda for his attention.

Mr Sata added that in the case of Development Bank of Zambia versus Sun Pharmaceuticals, which Mr. Kunda’s law firm represented, the court ordered that parties bear their own costs.

QFM Radio has been sued as second defendants for falsely and maliciously broadcasting the allegations in Zambia and worldwide through its website from January 18, 2010 and subsequent days.

The plaintiffs claim that they have been injured in their character, credit, professional reputation and standing, and have been lowered in the estimation of right thinking members of society,” the writ adds.

They add that unless restrained by the court, Mr Sata and QFM will continue to publicize the words complained of.

They are therefore claiming compensatory and exemplary damages and an injunction restraining the defendants, whether by themselves, their servants or agents, from further broadcasting and publicizing defamatory words complained of or any similar libel concerning the plaintiffs.

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