Given wants Nation, Dora matter settled outside court

KABWATA Member of Parliament Given Lubinda has agreed with former MMD national secretary Kapembwa Simbao and former party spokesperson Dora Siliya to settle a libel matter outside the court.

When the matter came up for hearing in chambers before High Court judge Florence Lengalenga yesterday, Mr Lubinda, Ms Siliya and Mr Simbao told the court that they had agreed to resolve the matter outside court but they had not yet informed the Daily Nation of their position.

This is the matter in which Mr Lubinda is claiming damages for libel in an article published by the Daily Nation entitled “Lubinda, a man with an inflated ego” attributed to Ms Siliya and Mr Simbao.

Mr Lubinda asked for an adjournment of the matter for more than two months so that the parties involved could agree on the terms of the settlement and contact the Daily Nation about their agreement.

Ms Siliya and Mr Simbao did not object to the proposal. “That is the position, our lady,” they both told Ms Justice Lengalenga.

Mr Lubinda is represented by a Mr K. Kaunda while Ms Siliya and Ms Simbao by Mr Makebi Zulu.

Ms Justice Lengalenga adjourned the matter to May 6 this year for next hearing.

She said if the parties managed to agree on terms of the settlement before May 6, the lawyers for all the parties should file the consent in court. “I will adjourn this matter to 6th May, 2015 at 09:00 hours. However, should the parties reach the settlement before that date, I will appreciate it if the counsels could file the consent,” the judge said. Mr Lubinda wanted the court to permanently restrain Ms Siliya and Mr Simbao from uttering or publishing similar and other defamatory statements against him.

Mr Lubinda alleged that Ms Siliya, in the article, described him as a man with an inflated ego pretending to be clever and intelligent.

Mr Lubinda claimed that the words in their ordinary and natural meaning meant that by him debating the removal of former President Rupiah Banda’s immunity, he had abused Parliament and that he had no regard for good corporate governance. He claimed that the words meant that he was corrupt and not fit to be a member of Parliament and that he was a propagandist bent on misleading the public. Mr Lubinda said the article was false, malicious and injurious to his reputation as he has always spoken against corruption.

He wanted the court to order interest on the said damages from March 20, 2013 at the current bank lending rates until full payment is made.


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