CHANGE Life Zambia directors have sued Father Frank Bwalya for illegally holding the position of executive director and using the organisation for political activities, according to the Daily Mail.
According to a Writ of Summons, the organisation is further seeking an injunction to restrain Fr Bwalya whether by himself or his agents from holding himself out as executive director, chief executive or such like term or position in CLZ whatsoever and from performing any functions of chief executive.
CLZ states that Father Bwalya has deviated from the organisation’s objectives and has been using the organisation for personal motives, particularly partisan politics.
The directors are John Chilima Kasongo, Laston Chama, Fidelis Chumbu Mbalazi and Paul Mwamba.
According to a Statement of Claim, CLZ is seeking a declaration from the Lusaka High Court to restrain Fr Bwalya from further claiming to be CLZ executive director.
The claim filed on February 15 says the organisation does not want to associate with Fr Bwalya because he has exposed himself to partisan politics and ridicule, which is contrary to the objectives of the organisation.
“Despite the above, the defendant has been holding himself as executive director of the plaintiff and exposed the plaintiff to partisan politics and ridicule contrary to the objectives of the plaintiff,” the claim states.
The plaintiff is CLZ while the defendant is Fr Bwalya.
The objective of CLZ is to assist the less privileged in society.
“The principal objectives of the plaintiff are to motivate and empower orphans, widows and other disadvantaged citizens,” the claim reads in part.
Clause 24 of CLZ’s articles of association of May 22, 2009, vests powers to manage the affairs of the organisation into the directors.
“Clause 30 of the plaintiff’s articles of association of May 22, 2009, vests the power to appoint a managing director or executive director of the plaintiff in the directors,” the claim states.
CLZ was registered as a company limited by guarantee on May 22, 2009, under the Companies Act, Cap 388 of the Laws of Zambia registration number 78804.
Fr Bwalya of house number 4843, Almalisk Street, Riverside, Kitwe, was at all material times a Catholic priest.
Further, CLZ is seeking any other or further relief and costs.
“You are commanded in the President’s name that within 21 days after the service of this writ on you, inclusive of the day of such service, you do cause an appearance to be entered for you in an action at the suit of Change Life Zambia Limited and take notice that in default of your so doing, the plaintiff may proceed therein and judgement may be given in your absence,” the summons reads in part.
The summons was issued by SBN legal practitioners.