By SYLVIA MWEETWA –
GREEN Party Presidential aspirant Peter Sinkamba has filed a petition in the Kitwe High Court seeking a court order to declare unconstitutional Government’s failure to pay him US$323,560.00 which it owes him.
The payment is in respect of part of the work he did as a consultant to establish and operationalise the Environmental Protection Fund (EPF) for the Ministry of Mines in which more than $20million has so far been deposited by mining companies.
In his petition obtained by the Times in Kitwe he contends that failure, refusal and neglect by Government to pay him is at the instigation of or with the consent of the Attorney General.
In his Affidavit in support of the petition, Mr Sinkamba has stated that he was standing as a presidential candidate in the August 11, elections and that he was not funded by the Government and his intention was to use part of the funds towards his campaign.
“The actions of the respondent denying me payment for the work I did is depriving me of the opportunity to compete effectively in the elections and depriving me of my rights as a citizen,” reads the Affidavit.
He has argued that failure by Government to pay has unduly inflicted mental torture, including degrading him, contrary to Article 15 of the Constitution.
He argued that Government’s failure to pay him had unduly stifled his self-reliance initiatives, investment plans, as well as his employment and wealth creation efforts, contrary to Article 10(1) of the Constitution.
“Failure by Government to pay the petitioner, at the instigation of or with the consent or acquiescence of the respondent, is unduly frustrating his political rights, privileges, and benefits of citizenship, particularly his right to be elected President of the Republic of Zambia, considering that the petitioner has been validly nominated to stand as a Presidential Candidate,” he said.
Mr Sinkamba has since asked the Court to order Government to pay him with interest at the current bank rate and to award him damages and costs and any such other relief that the Court may deem fit.
