Wynter Kabimba has been given a two-week ultimatum to present himself before the Lusaka High Court for alleged malice, slander and spreading of falsehood.
Kabimba as first defendant, Post Newspapers as second defendants and Times of Zambia as third defendants have been jointly sued over stories published entitled ‘UPND behind death of house boy” and ‘UPND must take responsibility for the death of the PF cadre’.
Suing in his capacity as UPND deputy secretary general, Kuchunga Simusamba claimed that on February 4, 2013; Kabimba maliciously and wantonly caused to be published false statements accusing the opposition party of causing the death of Liakoka.
The UPND claim that as far as they were concerned, in both stories, Kabimba accused their party of being responsible for the death of Liakoka and that they were also responsible for the killing of PF member Menyani Zulu in the Chongwe by-elections.
He also claimed that by his statement, Kabimba insinuated that the UPND was a violent party, believed in violence and were perpetrators of violence in by-elections; statements the UPND say are false.
The UPND further claimed that Kabimba’s statement also meant that UPND were murderers and violent.
UPND, who are represented by party losing candidate for Mandevu Constituency, Martha Mushipe charged that the defendant intended to continue and had continued issuing publications to the effect that the plaintiff had caused the death of some PF cadres in by-elections and that it was a violent party.
He said that the UPND had been greatly injured in their credit and reputation and in their business as a political party as aforementioned.
The party has further claimed for damages for libel against the first defendant and second defendant who by a newspaper publication has falsely, maliciously and wantonly caused to be written of the plaintiff false allegations in a newspaper article entitled “UPND behind death of house boy” published in the Post Newspaper.
The UPND has also claimed for damages for libel against the first and third defendants who by a newspaper publication falsely maliciously and wantonly caused to be printed of the plaintiff false allegations in a newspaper article entitled ‘UPND must take responsibility for death of PF cadre’ published in the Times of Zambia.
The plaintiff also demanded for punitive damages, general damages, exemplary damages and damages for anguish and emotional turmoil suffered as a result of the said libellous publications.
The party further demands interest on the said damages at the current bank lending rate from date of the summon to date until settlement and also an order that the defendants issue a public apology in their newspapers which published the said libellous publication.
He has also asked for an injunction restraining the defendants and each of them form further publishing or causing to be published the said or similar words defamatory of the plaintiff.