FIRST Lady Thandiwe Banda has asked the Supreme Court to dismiss an injunction in which the Patriotic Front (PF) sued her for assisting the vulnerable, alleging that she is abusing Government funds.
Mrs Banda’s lawyer, Irene Kunda, said in an argument filed in the Supreme Court yesterday that the Lusaka High Court did not err in law when it held that the application for an order of interim injunction against Mrs Banda was wrongly directed to her.
PF sympathisers Evelyn Kangwa and Marjorie Nakaponda appealed to the Supreme Court against the Lusaka High Court’s decision to throw out their injunction against Mrs Banda.
“The only items she donates are those passed onto her by well-wishers for charity purposes, a noble cause a person of reasonable tenure cannot dispute or despise.
“We therefore submit that to grant an injunction against the first respondent (Mrs Banda) would violate her fundamental constitutional rights and freedom of expression, assembly, movement and association,” Mrs Kunda said.
She said Supreme Court judge Phillip Musonda, sitting as Lusaka High Court judge, was on firm ground when he ruled that Mrs Banda has no role in directing, disbursing and controlling expenditure.
Mrs Kunda said the practice of the first lady getting involved in charity work is a worldwide phenomenon and the plaintiffs cannot use the injunction to create conditions only favourable to themselves.
She said Mrs Banda’s predecessors had also engaged in similar charity activities.
Mrs Kunda said the relief the two PF sympathisers are seeking is not clear because the person they are seeking to restrain has nothing to do with receipts and payments of Government revenue.
She said Mrs Banda does not use government resources for her donations because she does not have access to Government money.
The appellants’ lawyer Wynter Kabimba argued that the Supreme Court should grant his clients an injunction because the High Court erred in law.
Early this year, Mr Justice Musonda threw out Mrs Kangwa and Mrs Nakaponda’s injunction because it was directed to a wrong party, Mrs Banda.
The duo filed an application for an injunction against Mrs Banda, seeking court action to restrain the first lady from acting in any capacity not supported by any law of the land.
They wanted the court to restrain Mrs Banda from disbursing money and distributing goods which are not provided for in the estimates of expenditure by Parliament.
The plaintiffs, through Mr Kabimba, were also asking the court to restrain Mrs Banda from using the facilities in the absence of disclosing the source of the monies and goods and also to restrain her from using official Government facilities and services for alleged partisan political activity until this matter is disposed of.
[Zambia Daily Mail]
Welcome to the world of the politicians.
How come she cannot name the donors? If name is coming into her possession without even passing through banks and is unable to account and report that through ZRA, is that not money laundering? What if the money is coming from terror groups, how do Zambians know? Let us suppose that money was going to Mrs Sata, or even Mrs Hichilema, without knowing the sources, what would the government do?
ATTAR STUPIDITY FROM PF THUGS
She is laundering on behalf of kanitundila!!!
LT, she is NOT ROYALTY, thus cannot be refered to as “Lady!!”
She is Thandiwe the primary school teacher who continued getting paid K1.3mm/- month even after the husband had relocated to Lusaka as Vice President.
Just shut up and prove where the money came from, if you have nothing to hide then end of story
I do not understand what the PF are doing with this. A waste of time. If she is breaking the law they should come up with the evidence and let the law takes its course.
This is shallowness at its best.
Sata still remembers the time he carried 2billion to the conversion in kabwe for payin thugs so he thinks these funds were acquired the way he acquired the 2billion.Let him just concentrate on his campaigns,we r tired of listening to accusations
Is she alright. She looks sicky. Nama dot dot on her hands.
this is a wakeup call to insert in the constitution role of the first lady
Wynter Kabimba is their lawyer ha ha ha ke ke kekekeke, these sycophants have probably never heard that this council lawyer has never tasted court victory.My prediction is that wynter is losing this case with costs ke kekekehe ehehehahaha.I can even bet my sweet wife on this one ha hahahahakekeke.
Have stopped helping the vulnerables I may b sued for money laundering helping street kids kanshi ni case eee
once again it shows that zambians are petty! please the issue is that she is requesting the court to throw out an injunction not the dots on her hands etc. she has all the constituitional right to ask the court to determine her case but for me its the choice of the lawyer. i know she can choose any lawyer but i think in this case this is abit fuzzy or maybe a case of not excercising good judgement for her to pick on the VP’s wife as people might think that the judgement will be biased
The law should not be applied selectively or suspended when mmd is involved! Let her explain the source of what she is distributing otherwise she will end up in jail
As far as I know, all USA First Ladies do disclose their donors. In fact even former US Presidents are required, by law, to disclose donors to their charities and Presidential Libraries. I am sure this is so in many other countries too.
First Ladies are simply too close to the President for them to be left unchecked and do as they wish accepting donations from unnamed sources. There are plenty of crooks out there who would want to influence the Head of State through donations to charities of the President’s wife. That is why transparency is critical if our First Lady has nothing to hide here. The two women who sued her have nothing to gain personally from this, but Zambia as a maturing Democracy does if their appeal is upheld by the Supreme Court.
yambayamba…you have it right!
if anything its better she is tried and sentenced by mmd law, otherwise she is guilty of abuse and she is going to rot in jail if a just and fair system is put in place!
we do not trust the justice system now but soon it will be restored and all the untouchables now like GK, Dori will dance pelete! We have been pushed to the limit
PF wasting more state time, sueing the 1st lady for distributing salaula. Waste of time, dismiss this case with costs please. PF loses all cases because of their lack of brains anyway ….
Good idea Yambayamba …. just realise this Zambia not US. Please we cannot have laws that prohibit govt officials declaring their interest, you expect us to do that to 1st ladies. Back to reality baba this is Africa.
“Pettiness Forum” Instead sell your manifesto ………….
here goes to the Parmanent Farts with their tissues.sure there is no one to advice them that we need people to discuss real politics than this useless matter.Thats people realise that MMD will carry the day come the elections
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Give credit where it is due.Madam Thandiwe refused to register an NGO of her own saying that she will work with existing ones.There are many donors who donate to First lady.Some of these like companies,the Indian Community and individuals do it openly and many of us have seen these people on tv as they donate.Some donors do not want their names to be publicized and they are the majority.if the court injunction succeeds,it means the first lady will have to keep the donations to herself.Will this help the vunerables?
She is free to donate as long as this is done above board and not selective as has been the case. Remember her “office” has no budget line and therefor can’t draw from the treasury for these activities. What is wrong with disclosing the source and those donors what do they have to hide by donating in the dark.
The issue is that she’s using Govt transport, fuel, accommodation and security personnel. Money she receives must be screened to see to it that it’s clean money. There must be a permanent first lady’s account managed by Ministry of Community Development and Social Services where donors can donate money. And if they want to remain anonymous, they must do so even to the first lady, so that they don’t get undue favours from State House.
Ya ku nyokolani njala
Disclosing the source is a powerful tool for openness, accountability and responsibility. Why donars to Tandiwe hide? This is the samw issue raised by many people regarding Women empowerment where women who are the poor of the poorest are made to K100,000 for membership in return for a Tshirt whilst people are made to surrender ,voters cards and NRC. Ask the the police HQs, Sikanze, Matero, Lilayi and emmasdale police camps where policewomen and wivies of their counterparts were made to do as above. #8 Your lies are a devils work Sata was not involved in the K2 Billion but Katete Kalumba was involved and there is no signature for Sata on the withdrawal slip. Late Mwanawasa tried to invistigate this with the view to incriminate Sata but the outcome speaks volumes. #8 LIES of a hired liar
Thandiwe should also answer for drawing a govt. salary when she was not employed as such. Thieving woman she is.
Mrs Kangwa and Mrs Nakaponda you have time to waste. You are just troubling Mr Kabimba for fears the courts
Yaba Wynter again..When is this fake lawyer going to stop wrongly advising people. Sata’s diminishing popularity has been largely due to Summer Kamimba ill advising him. I doubt if this guy has ever won a case. No foresight like he didnt go to a law school.Imagine PF forms govt and this Kamimba dude is chief advisor to the President, what akind of a country would Zambia be? So out of touch lawyer politician.