FDD President Edith Nawakwi has declared that she will not apologise to UPND leader Hakainde Hichilema for calling him “a criminal who personally benefitted from the privatization programme.”

Mrs Nawakwi said she is ready to commit contempt of court on the matter should Mr Hichilema decide to sue her for defamation.

Ms Nawakwi, who was Finance Minister in the MMD government at the time of privatization of Zambia’s national assets, has insisted that no one is going to shut her up for demanding that Mr. Hichilema explains his wealth, which she alleges was due to his failure to declare interest during the privatization process, which saw him benefitting personally when he was engaged to serve the interests of government.

She said in an interview with Hot FM that no one was going to shut her up for calling Mr Hichilema a criminal.

“I don’t apologize to criminals, whether he is alleged or in fact under investigation. It will never happen now or in future,” Ms Nawakwi said in response to demands by Mr Hichilema, through his lawyer Mulambo Haimbe, that she retracts and apologises for calling his client a criminal.

The lawyer further made demands of $3 million from Ms Nawakwi for damage done Mr Hichilema’s reputation and legal costs incurred so far.

However, Ms Nawakwi has said she is prepared to commit contempt of court as she will not yield to any of the demands made.

“It will never happen now or in future. I am really excited that one Hakainde Hichilema wants us to unmask the myth of his so-called wealth. What he is doing is an attempt to create a High Court file and then once we try to comment, they say sub judice and contempt of court. I want him to know that we are prepared to commit contempt of court. No one is going to shut me up,” Ms Nawakwi vowed.

Former Finance Minister in the MMD government Dr Katele Kalumba says Zambia has investigative wings of government capable of investigating the role UPND President Hakainde Hichilema played in the privatization exercise.

Dr Kalumba said the matter of Mr Hichilema’s involvement is of public interest and that answers ought to be provided to the questions from Zambians about the sale of state assets.

Dr Kalumba, who featured on Hot FM’s Red Hot Breakfast said the Zambia Police Service, the Drug Enforcement Commission and the Anti-Corruption Commission can handle the matter without unnecessarily spending additional resources on the investigation process.

He said he does not support calls to institute a Commission of Enquiry on the issue especially that Zambia has a number of economic issues required attention.

On the insinuations that government officials were sleeping during the privatisation process, Dr Kalumba said nobody was sleeping and “nobody was awake than others”, but emphasised that privatisation is a moral question that demands a “yes or no” answer.

When reminded that Mr Hichilema has decided to remain mute on the matter and instead is demanding $3 million from FDD leader Ms Edith Nawakwi who challenged him to explain his role during the privatisation programme and how he personally benefited from it, Dr Kalumba said the public has a right to seek Mr Hichilema’s answer as a government consultant.

He stated that government officials relied on the advice of experts engaged by the Zambia Privatization Agency and that consultants had a duty of care to protect the interests of the nation.

“Zambians are just demanding for answers from Mr Hichilema. No one is out to kill him. The questions are simple in the case of Intercontinental Livingstone Hotel, did he declare interest before advising the government on this transaction? If he didn’t, then it becomes a moral and possible criminal issue.”

Meanwhile, Deputy Chief Whip Tutwa Ngulube has said that UPND Leader Hakainde Hichilema has a duty to explain his role in the privatisation of national assets.

Mr. Ngulube said that Mr Hichilema has for years been calling on others to account for their actions and that it should not be difficult for him to do the same.

Mr. Ngulube said that if Mr Hichilema does not account for his actions, Zambians will have no choice but to take what Forum for Democracy and Development -FDD- leader Edith Nawakwi said as the truth.

Mr. Ngulube told ZNBC news in Lusaka that anyone who seeks public office should be ready to account for their sources of wealth.

He said accusing the Police of trying to arrest him is one tactic the opposition leader is trying to use to avoid responding to questions that have been asked by the FDD President regarding his role in the privatisation of national assets.

And, Nominated Member of Parliament Raphael Nakachinda says the government should be decisive and investigate if there was misconduct on the part of the UPND Leader when he took part in the privatisation of government assets.

Mr Nakachinda said that if serving Ministers can be made to account for their action by the Anti-Corruption Commission (ACC), Mr Hichilema should not be treated differently.

He told ZNBC news that Mr Hichilema will do well to offer an explanation so that the matter can be put to rest and has since commended government for releasing the financial intelligence Centre (FIC Report, adding that much as the report contains information, which is not fully investigated, its release shows that government is fighting graft.

Opposition leader Hakainde Hichilema has demanded that Edith Nawakwi retracts and apologies within 24 Hours for calling him a thief and pays him 3 million dollars as compensation.

Mr Hichilema also wants the text for Ms Nawakwi’s apology to be approved by his lawyers Malambo & Co.

He also wants the FDD leader to put it in writing that she will desist from making the defamatory statements or any similar statements going forward.

“This details that our client has incurred and continued to incite great expense both locally and internationally in order to mitigate the harm that you have caused to him. Our client places the cost of the foregoing, which includes legal costs incurred thus far, at the conservative sum of US$ 3,000,000 which our client hereby demands from you. Our client is amenable to, receiving reasonable proposals as to how to intend to settle the said sum.”

Below is the full Demand

2nd September 2020
Ms Edith Nawakwi
Farm No. LUSAKA

Dear Madam,

RE: DEFAMATION OF CHARACTER – YOURSELF AGAINST MR. HAKAINDE HICHILEMA

The captioned matter refers. We, together with the law firms copied here, act on behalf of Mr. Hakainde Hichilema (“our client”) and have been instructed to write to you as we do below on his behalf. Kindly note our interest in that regard.

Background

1. On 27th August 2020, you featured on a radio program entitled “the Hot Seat” hosted by Zachariah Chavula on Hot FM Radio Station which was also broadcast on Kwithu FM Radio Station (“the program”).
2. It is our understanding that the above mentioned radio stations enjoy immense and widespread coverage in Zambia and beyond, not only by reason of the radio broadcasts they transmit, but also because of the internet and other platforms via which their signal and broadcasts can be monitored from anywhere in the world.
3. Our instructions are that during the program, and subsequently thereafter on other forms of media including Zambia National Broadcasting Corporation Television, you made false, malicious and defamatory statements (“the defamatory statements”) against our client whose aim, purpose and effect was, inter alia, to expose our client to hatred, contempt and ridicule; to embarrass him in the eyes of the general public; to lower our client’s reputation in the estimation of right thinking members of society; to cause him to be shunned and avoided; and generally to create an impression in the minds of the global community, given our client’s international repute as a businessman and politician, that our client is a thief and/or a person of miscreant behaviour who does not respect the rule of law or deserve to hold public office as President of the Republic of Zambia, for which our client aspires.
4. Consequently, our client has suffered irreparable damage to his reputation, severe embarrassment, harassment, hatred and ridicule in respect of which our client has instructed us to seek reparation from you as we do here below.
   Particulars of defamatory statements
5. Without limiting the generality of the foregoing, and whilst our client’s right to make any or any further claim against you, in relation to your recent conduct towards him remains fully reserved, our clients instructions are that the defamatory statements were to the effect that:
   1. Our client is or was at the material time a criminal;
   2. Our client involved himself in theft and corruption by alienating a house located on Serval Road in Kabulonga, Lusaka (which you purport belonged to Lima Bank) to himself as liquidator of that institution;
   3. Our client involved himself in undisclosed illegality regarding the receivership of RAMCOZ; and
   4. Our client abused the privatization process in general and in particular with regard to the transaction for the sale of the assets of Mosi O Tunya Intercontinental Hotel in Livingstone and related assets which you allege that our client “sold to himself”.
6. As alluded to above, the allegations contained in the defamatory statements are devoid of any truth. They are malicious and aimed at damaging our client’s hard earned reputation as an astute businessman, as a person worthy of holding office as President of the Republic of Zambia and as a law abiding and God fearing citizen of Zambia, and the world at large, quite aside from being a clear violation of his guaranteed human rights.
7. The defamatory statements were made without due regard for the true factual position regarding the subject matter thereof and in contumelious disregard for the law.
   The allegation that our client is a common criminal
8. As you are aware, our client does not have any criminal record nor has he involved himself in any criminal activity. Should you fail to meet our client’s demands below and should this matter proceed for determination by a Court of competent jurisdiction, you will be put to strict proof on that allegation. Allegations relating to acquisition of property on Serval road in Kabulonga
9. Contrary to your false and malicious allegations, our client has never been a liquidator of Lima Bank nor has he ever purchased any property from Lima Bank in liquidation or otherwise.
10. Had you cared to take keen interest in events as they truly transpired, it would have come to your knowledge that while the Lima Bank liquidation commenced in 1997, the property in issue was acquired by our client in 1995 a good two years prior to the commencement of the liquidation process. Cleary your allegations are false and malicious in that regard.
11. Your allegation to the effect that our client involved himself in theft and corruption is therefore baseless and a purely malicious falsehood.
12. In any event, it is trite that any citizen is entitled to buy leasehold property in Zambia together with any unexhausted improvements thereon. Our client is no exception.
13. Had you exercised even the barest precaution in discharging your duty of care towards our client, you would have conducted a search at the lands and deeds registry to ascertain the true position before uttering the defamatory statements.
14. You may be aware of the age old principle that he who alleges must prove.
    Allegations relating to the Receivership of RAMCOZ
15. You are aware, and the records will show, that our client was never involved in the privatization of RAMCOZ which was sold by Government to the Binani Group of India in 1997 for a consideration of
16. Subsequently, upon failing to meet its financial obligations to ZANACO, RAMCOZ was placed under receivership in 2000. The appointed receiver manager was Mr Christopher Mulenga and not our client.
17. The receivership process was undertaken in accordance with the law and reports rendered to the appropriate stakeholders. Our client is not aware of any criminal complaint having been made against the receiver manager, Mr Christopher Mulenga, in relation to the receivership.
    Allegations relating to abuse of the privatisation process
18. All records relating to the sale of the assets of Mosi O Tunya Intercontinental Hotel in Livingstone and related assets are a matter of public record and will show that, in so far as our client played any role in that process, he did so within the confines of the law.
19. Moreover, we are aware that the Zambia Privatization Agency (“ZPA”), and ultimately Government, like any other seller in a transaction for the sale and purchase of assets, is obligated to, and did, conduct a due diligence exercise on all potential buyers of privatization assets.
20. The foregoing therefore entails that at all stages of the transaction for the sale and purchase of the privatization assets, the ZPA was fully informed on all material particulars of potential buyers, especially such material particulars as were already in the public domain.
21. You may also wish to note that the sale of Mosi O Tunya Intercontinental Hotel and related assets to the successful bidder has greatly benefited the people of Zambia as it is one of the few success stories of the privatization exercise, contrary to the innuendo created by you in the defamatory statements.
22. Your allegations of improper conduct on the part of our client (to the alleged detriment of the people of Zambia) are, despite their malicious venom, therefore baseless both in law and in fact.
    Particulars of harm caused to our client (inter alia)
23. Irreparable damage to our client’s reputation given that you purported to make the defamatory statements from an informed position in your capacity as a former Minister of Finance worthy of being believed on that score.
24. Aggravated damage to our client’s reputation owing to the malice and venom with which the defamatory statements were made and published to a global audience of several million people.
25. Mental distress, anguish and torture.
26. A stain on our client’s candidature for President of the Republic of Zambia in so far as the defamatory statements cast aspersions against our client to the effect that he is not a fit and proper person to hold the highest public office of the land.
27. Harassment at the hands of overzealous state operatives that have declared their intention to maliciously prosecute our client on the back of your defamatory allegations as evidenced by the press statement recently issued by the Chief Government Spokesperson to that effect.
    Our client’s demands
28. Our instructions are therefore to demand the following:
    1. A detailed and unreserved retraction and apology from you to be published in like manner and with equal prominence to the defamatory statements, the text of such retraction and apology to be approved by us;
    2. That you undertake in writing to desist from making the defamatory statements or any similar statements going forward.
29. While our client recognizes that your actions have caused him irreparable harm that cannot be atoned for in monetary terms, you will note that he has been put to great expense and inconvenience on account of your conduct.
30. This entails that our client has incurred and continues to incur great expense both locally and internationally in order to mitigate the harm that you have caused to him. Our client places the cost of the foregoing, which includes legal costs incurred thus far, at the conservative sum of which our client hereby demands from you. Our client is amenable to, receiving reasonable proposals as to how you intend to settle the said sum.
31. 31. Our client’s rights however remain fully reserved.
32. Save as stated in paragraph 30 of this letter, our client further demands, in view of the pressing nature of this matter, that you address his demands within 24 hours hereof, that is to say by no later than Thursday 3 rd September 2020, failing which our client will be constrained to take out proceedings before an appropriate forum so as to protect his interests.
33. Should our client be forced to do this, it will be without further recourse to you and at your cost.
34. Kindly note that owing to the public nature of your actions towards our client, we have been instructed to, and do hereby, avail a copy of this letter to the media for their information by way of a press statement.

Yours faithfully,

MALAMBO AND COMPANY