Widows thrown out of NIECO houses

The Editor,

I would like to express my disappointment over the manner in which our Zambia’s  High court and highest  Supreme court of  this land  Zambia has handled our case. This is the case between the  former employees of the defunct NIECOS   OVERSEAS ZAMBIA LIMITED  the Plaintiffs are   Mrs.  Emeldah  M Bwalya a widow to the late former employee Mr. Lewis Bwalya ,  Ms Fadah Musamba  the administrator for Late Lebby Musamba , Ms Beatrice Mayumbelo which was a parastatal company until 1995  and the defendant  Mr. Eddie Kabunda Mabando  House number 18 Chipululu, Libala stage 4A Lusaka who was dismissed by NIECOS at the time a parastatal   .  The said plaintiffs  Mrs. Bwalya, Ms. Musamba  and  Ms Mayumbelo have been sitting tenants of  former NIECOS  flats  for 17years  plot number:  5992/1/2/3 Benakale road, Northmead, Lusaka
NIECOS was a parastatal company until 1995 when  the company was privatized under a under Management Buy Out (MBO) , the plaintiffs who were employees of NIECOS served the company for over  15 years  continued to work for the company even after the MBO without receiving any terminal benefits from the Company.
Between 2000 and 2001 NIECOS Overseas Zambia Limited  (1995)  went into Liquidation and ZANACO  placed it  on receivership. ZANACO by then had engaged a receiver  known as Mr. Gupta   who after recovering some of the assets was said to have left the country and handed over to Mr.  G. Sizya.
In  2001 January the receiver manager Mr. Sizya advertised in the press to sell the property and at the reserve price of KR320,000.00. As sitting tenants we petitioned the action by the receivership engaged by   ZANACO.  And 2002 ZANACO wrote to us as sitting tenants and former employees of NIECOS that the receivership was lifted and no longer hand any interest in the property. 
After a few weeks past  Mr . Mabando who often  visited the children to the deceased former employees  just after  the demise of their father  Mr.Bwalya who was his close friend .
Mr. Mabando  visited the families frequently and  preaching the word of God as a Jehovah’s witness.  When he heard that  the receivership was lifted by ZANACO, he rushed to the High court to Sue the sitting tenants claiming his benefits according to a judgement passed in his favor against NIECOS OVERSEAS SERVICES  (Z) Limited   and on the 8th day of October  1998 his damages were assessed which came to KR78, 608.28 with  interest at 40% interest per annum in a case ruled in favor of him against NIECOS for wrongful dismissal judgement number 1992/HP/1383
After this   the High court ruled in favor of Mr. Mabando to go ahead to sell the Three flats at market value to recover his benefits due to him and the change should be shared among the employees.
However his lawyer  Humphrey M Ndhlovu,   of H H  & Co , 3rd  Floor Wood gate House , Cairo road, Lusaka  claims to have sold the property  at KR800,000.00 to recover the awarded benefits  to Mr. Mabando.
Now the issue is that the houses  were sold by Mr. NDHLOVU who paid off his client Mr. Mabando what he was claiming but what is surprising is that the person claiming to have bought the houses  a Mr Noel Chisanga Puta is believed to be Mr. Ndhlovu  ‘s brother-in- Law.  The same lawyer  Mr. Ndhlovu is representing the buyer Mr. Chisanga N Puta who sued the plaintiffs and sitting tenants  to vacate the premises.
The Tenants appealed to the Supreme court to be considered in this matter being unemployed  widows and orphans so that they could be joined as parties to the sell of these houses which are worth over KR2MILLION as earlier stated in the High court  order attached 2005/HP/093  but still the Supreme court  ignored this court order  and allowed Mr. Mabando and his  lawyer  H .H Ndhlovu  as the only beneficiary to these three houses. The supreme court has not even bothered to consider the fact that the sitting tenants have also never being paid any benefits from  the defunct NIECOS.
The Supreme court has  turned a deaf ear to the plight of widows and orphans  instead ruled in favor of Mr. Puta the buyer of the flats and ignored the earlier court order to be joined as parties passed in 2006.
The Supreme court in passing Judgement said that the buyer was  an innocent person even and could  take possession of the houses  since they were no longer occupied when in fact it was not true. “we as the sitting tenants were still occupying the flats  when the Supreme court Judgment was passed on …..
After Judgement was passed in 2012  the court bailiffs  came to our residence and evicted the three families out in the cold rain on 6th December 2012.
We are now spending nights in the cold and our properties were thrown out in the rains we have made  several appeals to the Supreme court and the Government to grant us a judicial reveal as we feel unfairly treated in this matter.
” My question is that is justice and the rule of law in this country only for the Rich and those with power  while poor mothers widows and orphans are thrown out of their homes to become homeless destitutes? is the rule of law only for HH Ndhlovu and  Puta ”  May God fight this battle for use.
We have made several appeals to the Government Investigative wings to look into our case but the matter seems to be taking longer than expected.
And we also appeal that the Judiciary grants us a judicial reveal for we feel justice has not prevailed over our case.  Even as this mail is being written we are homeless and ours homes are being broken down by contractor hired by  the buyer Mr Puta who is said is based in  South Africa. He has  also hired security guards to heavily guard the premises. 
Dear editor  imagine helpless widows and orphans of three families being thrown out in the rains with no money or anything to fend for themselves.

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