Director of Public Prosecutions (DPP) Mutembo Nchito, his busuness partner Fred M’membe who is Post Newspaper owner and Nchima Nchito along with JNC have opposed an application by the Zambian Voice to join in defence of the K14 billion Development Bank of Zambia (DBZ) case.
But Zambian Voice executive director Chilufya Tyali has insisted that he should join the proceedings in order to recover the K14 billion which Judge Nigel Mutuna ruled was obtained by fraudulent misrepresantation.
In his application for a non-joinder, Zambian Voice said govrnment had exhbited singular aparthy in recovering the money which were meant for onward lending to other needing Zambians and had been compelled to join the case on behalf of citizens.
But Mr Nchito, Mr M’membe and JNC together with Nchima Nchito have argued that Zambian Voice had no locus standii to join in a matter that was a contract between defunct Zambians Airways and DBZ.
They have also argued that in a previous application, Judge Munyinda Wanki had objected to the Zambians Voice joinder because of its tax status.
However, in his affidafit to the High Court, Mr Tayali explained that he is tax complaint and that he was qualified to join in the matter to defend and ensure that the K14 billion obtained by Zambians Airways was restored to the Zambian people.
He has argued that the government through the Attorney Genral were derelict in failing to pursue public interest as the money was intended for public use from an organisation owned by the government.
The matter which is now before High Court Judge Justin Chansi after it was redirected to the High Court after the directors of Zambian Airways complained about the manner Judge Nigel Mutuna handled the file.
In his judgement, Judge Mutuna found that the K14 billion was obtained by false misrepresntation because the directors were from the begining intent on not paying back the money and thus engaged in technical manuevuring to invalidate any subsequent liability.
Mr Nchito, Mr M’membe and JNC are objecting to the inclusion of Mr Tayali as an intervener while the Development Bank of Zambia from which the K14 billion loan was obtained by fraudulent misrepresentation has not objected to a non-joinder.
In their skeleton arguments, the trio have raised preliminary issues in an atempt question whether the motion for a non-joinder was properly filed before the High Court after the Supreme Court had ruled over the matter.
Mr Nchito, Mr M’membe and JNC argued that Mr Tayali as an intending intervener did not appeal Justice Wanki’s ruling and could not therefore file a fresh application after the matter was redirected to the High Court.
They argued that Mr Tayali as the intending intervener was not prevy to the contaract of the K14 billion DBZ loan saga.
The trio argued that Mr Tayali and his organisation were not tax payers but in his fresh application, the Zambian Voice executive director has shown that in fact he was a tax payer and therefore had the locus standii to join the case.