Saturday, November 23, 2024

Sun Pharmaceuticals Ltd Seeks Accountability from Administrator General

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Sun Pharmaceuticals Ltd is demanding an account of the actions of the Administrator General. This comes after theruled on July 23, 2024, rejecting Lewis Mosho’s attempts to seize control of the company on behalf of the Kalengas. Lewis Mosho tried to use an alleged former employee to claim unpaid terminal benefits from thirty years ago, in a modus operandi similar to that used by Lewis Mosho in the winding up of the Post Newspapers Limited.

“John Masheta v Sun Pharmaceuticals Limited & Uddit Sadhu – 2024/HLL29
We refer to the High Court Ruling dated 23rd July 2024.”

“By order dated 16th Apri 2024 from the High Court at Livingstone, you were appointed Interim Business Rescue Administrator of Sun Pharmaceuticals Limited. The order appointing you Interim Business Rescue Administrator was challenged and by Ruling dated 23rd July 2024 (copy attached hereto), the High Court dismissed the Business Rescue proceedings and discharged the ex-parte order appoining you Interim Business Rescue Administrator for the company.”

“We understand during the period you acted as Interim Business Rescue Administrator between 16th April 2024 and 23rd July 2024, you may have undertaken certain steps in the name of Sun Pharmaceuticals Limited.”

“Our writing to you therefore is to demand a full account of all actions taken, monies received or paid out in the name of Sun Pharmaceuticals Limited. The account should include the source of the funds, amount, and where the funds were disbursed to if at all and at whose instance.”

“We shall be grateful to receive your response within the next 5 days from date hereof failing which we have instructions to take out the requisite application against you.”

Following the dismissal of the case by the High Court at Livingstone, Simeza Sangwa and Associates acting for Sun Pharmaceuticals Ltd have demanded a full account of all actions taken, monies received or paid out in the name of Sun Pharmaceuticals Limited during the period when Lewis Mosho’s ex parte order appointing the Administrator General as Interim Administrator was in place. Simeza Sangwa & Associates has demanded for the Administrator General to render an account to include all receipts and payments made and where funds have been disbursed, at whose instance.

Sun Pharmaceuticals Limited had not been served with the ex-parte order appointing the Administrator General as Interim Business Rescue Administrator, leading to orchestrated attempts to divert monies owed to the Company under the Judgment against the Attorney General. The company’s advocates discovered the litigation underway and filed process days before Lewis Mosho entered a default Judgment.

According to the affidavit of Mr Uddit Sadhu, the majority shareholder in the company, the litigation at Livingstone was an abuse of the process of Court as it was intended to achieve similar aims as proceedings which the Kalengas had also commenced in the Ndola High Court. Like the Livingstone matter, Lewis Mosho had also obtained an Ex Parte Order to appoint a provisional liquidator, in the Ndola action and Tresphfod Kabanga was appointed Provisional Liquidator which appointment was however stayed following the quick action by the Lawyers for Sun Pharmaceuticals. The same Tresphfod Kabanga was intended to be appointed as Business Rescue Administrator vide a Default Judgment in the action the Kalengas had commenced at Livingstone High Court using the same Lewis Mosho.

The affidavit further stated that the company had equally not been served any court process in both the Livingstone and Ndola actions.

Further that the Company only came to learn about the ex parte orders through their own sources and after discovering a letter from Keith Mweemba Advocates, purporting to represent Sun Pharmaceuticals Ltd, addressed to Attorney General Chambers demanding that payment of the Judgment debt due to Sun Pharmaceuticals be paid to Keith Mweemba’s account held with First National Bank, Manda Hill Branch.

This case has garnered attention following the University of Zambia Law Lecturer, Dr. Obrien Kaaba exposing the abuse of State Chambers for purposes of purveying corruption.

In the case of Sun Pharmaceuticals Ltd, a senior officer in the Attorney General’s chambers has ganged up with the Lewis Mosho group to divert the compensation fund payments due to Sun Pharmaceuticals to Keith Mweemba’s account.

30 COMMENTS

    • Lewis Mosho is the sewer rat sent in by powerful politicians who need to stay hidden behind the curtain. Lungu used him to hammer Fred Mweembe’s post newsnpapers and so many cases. If Keith Mweemba is involved with Moso he’s just found new partners in UPND. Greed has no tribe, no religion, no political idealogy. Im surpised the court ruled for sun pharmaceuticals considering all this.

  1. Keith Mweemba from UPND? Wonder what the boss has to say about this one! He was obviously right not to appoint him in the Government.

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    • Keith and his friends pushed for removal of Mary Chirwa hoping he would take over as Director General Drug Enforcement Comission but they underestimated HH, who selected agency vetern Nason Banda. So now he’s helping his friends from the outside, while they eat with him from the inside… same game, different players.

    • HH is too soft on these guys because so many of them were in cells with him under the PF, or they were helping him when he was locked up. keith mweemba, jack Mwiimbu, gilbert phiri, marhshal muchende, mwaliteta and a few others cannot be touched because of this debt they hold over HH. Time will tell if HH was right to bring them into government because it looks like they have their own agenda from the president.

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  2. This reads like a John Grisham worthy plot! Surely there must be legal and/or profesional consequences for the lawyers misleading the Courts in this fashion? The Chief Justice had spoken out only a few days back regarding lawyers lying to the courts and abusing their position and it makes sense after reading this article.

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  3. My head was spinning, but I pressed on and reached the firm conclusion that judges have an arduous task holding the law in Zambia. This case raises serious concerns about the fair administration of justice. There is a clear lesson to be learned about the misuse of ex parte court orders, and the courts must take proactive measures to safeguard against potential manipulation.

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  4. The notorious Lewis Mosho, who played a key role in closing down the Post Newspaper and seizing assets from other companies, has finally been confronted by the strong legal team of State Counsels Simeza and Sangwa!! The extent of corruption in Zambia is unbelievable and if you don’t have trustworthy lawyers you can easily be taken advantage of.

    • They are an exceptional team, and their legal practice is widely considered the gold standard in Zambia. Their pro bono foundation took President Lungu to court over his eligibility, and they even sued the late chief justice for being ineligible for office. They have guts.

  5. We do not need to be Sangwa himself to figure this one out…Lewis Mosho signed a big fat deal with the Solicitor General office a few weeks back, reportedly running into millions of dollars. This was after the government wanted to throw out the consent order signed under the previous government. The above matter links Lewis Mosho , Keith Mweemba and ‘senior officer inside Attorney general chambers’ in diverting money owned to Sun Pharma from a judgment. Only one question remains: why is Bally keeping Marshal Muchende there? What so special about him?

  6. HA! I heard these Kalengas with that cadre Gregory Chifire rambling on Hot FM. The letter shown here explains why and what they were doing on the radio, attacking police, acc, dec, pacra for not listening to them. Their friends in UPND failed to take over this company with them and now they are are screaming murder from the rooftops —-hoping no one notices the knife in their hand. Bravo to the Livingstone court.

    • Yes I also heard the same show hot seat. Kalengas are rabble rousers. Their point was that the company owners are from India so the government and especially the president must support them!! But what is the president supposed to do when the courts have already ruled? With such arguments, I can see why they lost in court with lewis mosho.

    • It’s interesting to note that Gregory Chifire, who President Hichelma pardoned as a fugitive, is the spokesperson for the Kalenga family. A bigger game is taking place behind the curtain..

  7. Ndola and Livingstone are on opposite side of the country so why would anyone file cases so far apart in the same matter unless they were trying to accomplish something underhanded. Lewis Mosho did something similar to DPP Nchito, it is his expertise to obtain orders and judgments without the concerned party being made aware and then it’s too late for them to stop the process. Courts are getting finally wiser to his abuses ??!! No idea who the administrator general is today but might be a friend of Keith Mweemba as these thing usually work in zed

    • Celine Nair, who was the provinsonal liquidator for KCM until recently. She worked in Standard Chartered Bank before than. I heard Musa Mwenya mention they were in law school together.

    • Not just former DPP. Lewis Mosho and emeralds criminal Abdoulaye Ndiaye known as Gunase had even managed to steal all the shares of Israeli billionaire Lev Leviev in Gemcanton in corroboration with PACRA. It’s a very serious network inside the system working with this group. Mosho is an expert in fake liquidation and theft of shares.

  8. Where is the Law Association of Zambia in all of this? Where is ZICA? Should they allow lawyers and accountants from their fraternity to use fraudulent processes to hijack a company? Unless they start revoking licenses, this nonsense will continue to happenc repeatedly.

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    • LAZ is suspending lawyers all the time but lewis mosho has escaped their disciplinary committee. As for Keith Mweemba he worked for drug enforcement comission but was fired after being caught taking a bribe. Then he started representing the drug dealers against DEC in Court. No ethics in zambia.

  9. And UPND want to appoint Keith Mweemba to a comission to investgate bad debts of PF days! That should be quite interesting with his escapdees at attorney general chambers alongside Marshal Muchende tumbeling out. No two ways about it, Marshal is the only one who pulls this weight at state chambers. his nominal boss Kabesha has been and remains powerless to stop him. Even O’brian kaaba’s disclosure was not enough to dislodge the scoundral. One day all of this is going to come back to haunt him, every dog has its day.

  10. Minister of Justice Kasune and PS Amb Lemba had better watch out as the new entrants into that Ministry. The old boys club would love to hang their sins onto someone else!

  11. The rot is not surprising to hear connected to State Chambers. Without worthy appointments to the positions of Attorney General and Solicitor General, the central node of legal guidance to the entire government has collapsed. If we look closely, it shows in various steps taken by other agencies of the Government.

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    • Can a week go by without a new scandal in this government? Now they’re stealing judgment money? We thought Lungu was awful, but now I think we made a mistake with this party.

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    • SC Musa Mwenya or SC John Sangwa would have been far superior choices for the position of Attorney General. Perhaps the reason such high calibre individuals have not been appointed is that they may not be willing to unquestioningly obey every instruction from President Hichlema. Musa Mwenya’s experience as the Board Chairperson Anti Corruption Comission is quite revelaing, as was the Governments reaction to credible information on the corruption at State Chambers. This storey fits the pattern of abuse we are seeing in these offices.

  12. I quote from the above text “ In the case of Sun Pharmaceuticals Ltd, a senior officer in the Attorney General’s chambers has ganged up with the Lewis Mosho group to divert the compensation fund payments due to Sun Pharmaceuticals to Keith Mweemba’s account. “ —— It would be informative to learn who inside the chambers is working with Lewis Mosho, Keith Mweemba and the Kalengas.

  13. Reading the article and comments, I sense emotions and personal issues involved here. Advocate for the laws yo be changed if its beung manipulated, not attacking an individual, poor journalism in the article. Mention the law firm not individual. Too many comments by the same disgruntled person who is too bitter with Lewis Mosho, and it’s easy to tell which 2 individuals as they always comment on Mosho articles. Liquidators are appointed by the court, after a legal process…..I.e you break the law by not paying your taxes and zra pounces on you….lets focus on the laws not individuals

    • White-collar crime is unequivocally crime; only in a banana republic can a company be ‘liquidated’ without the explicit knowledge of the company directors or shareholders. Lewis Mosho and Keith Mweemba’s fraudulent conduct must be called out by their names to alert relevant authorities to the insider threat.

  14. In my 15 years living and working in the UK , I have never heard of a case like this in the press. Secret court orders are only possible in terrorism and national security cases. How did the lawyers from Keith Mweemba and Lewis Mosho obtain court orders against sun and obtain money from the treasury in secret? It is hard to believe this is possible without deep state involement.

  15. Unscrupulous lawyers frequently use their law firms for nefarious activities in Zambia. The only solution is for LAZ to appoint more resources to tackle the scourge so they are struck off the practitioner’s list and never appear in front of a Judge. Mosho is one of the legal communities worst offenders but there are so many others too.

  16. Zambia Whistleblower is reporting Administrator General has been dismissed ! The timing suggests this is related to Sun Pharma developments.

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