Crooked Justice Permanent Secretary Joseph Akafumba has instructed his fellow criminal and former Civil Servant Siachoke Simemeza to sue Lusaka Lawyer Nellie Mutti for alleged illegal fee deductions.
A source from within the Ministry of Justice disclosed that instructions to Simezeza to sue Mutti followed a long meeting at Ministry of Justice between Justice Minister Wynter Kabimba, Akafumba and crooked Lusaka based Lawyer Rabson Malipenga.
The source said Kabimba, Akafumba and Malipenga are worried because Mutti has sued the State in a matter she is claiming K 5.4 million after the state through Akafumba diverted money from Mutti’s account to Malipenga’s account illegally.
“As you may be aware, Mrs. Mutti has sued the State through the Attorney General and Akafumba in his capacity as a controlling officer. The Madam’s (Mitti) case looks watertight. She has a genuine complaint against the state. So to try to cause confusion, they have decided to use that criminal Simezeza to sue Mutti claiming illegal deductions.
They want to force Mutti to withdraw her claim against the government”, the source said.
And a document filed in court and sworn by the criminal Simemeza shows that retirees want Mutti to refund them.
The statement claims that more than 2,850 retirees are accusing her of deducting more than K51.5 million in legal fees without their consent.Using the abolished Voluntary Separation Association of Zambia (VSAZ), Simemeza sued Ms Mutti as the first defendant and Attorney General Mumba Malila as the second defendant demanding a refund.
According to the claim, the deductions by Ms Mutti were in three categories, namely, 10 per cent legal fees, 10 per cent handling fees and 16 per cent value-added tax (VAT).
This is what we mean we say Wynter Kabimba is a dull lawyer. Just imagine a cabinet minister advising a criminal to go to court and demand to be refunded VAT which was duly remitted to ZRA?
And what gives Simemeza authority to speak on behalf of other former retires when his organisation Voluntary Separation Association of Zambia (VSAZ) is banned? See documents below.
And what makes Simemeza think Mutti can represent him and his friends for free?
“The defendant never signed any agreement with the plaintiffs for the deductions of 10 per cent legal fees, 10 per cent disbursement fee of the 10 per cent legal and 16 per cent VAT whether with the voluntary separation association of Zambia or individually,” stated the claim. We hope Simezeza knows that an agreement is.
Last week, Mutti sued the Government demanding 12.6 per cent, in legal fees, of K54,000,000 payment the Government made to her former clients.
This is a matter in which Ms Mutti sued the State through the Attorney General and Ministry of Justice Permanent Secretary Josephs Akafumba as first and second defendants in a case in which she offered legal services to 3,523 retrenched workers.
According to the statement of claim filed in the principal registry on February 24, Mutti said she acted as advocate on behalf of the workers whose employment was terminated by the Government under the public sector reform programme.
On December 15, 2006, the High Court entered judgment in favour of all the retrenched workers and a consent judgment was signed under which the Government was to pay the affected workers
But Akafumba, Kabimba and Malipenga tried to transfer this file to them selves and started deducting monies which they did not work for.