Shamenda ordered
Published On May 15, 2015 » 1567 Views» By Davies M.M Chanda » HOME SLIDE SHOW, SHOWCASE
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By DELPHINE ZULU –
THE Lusaka High Court has ordered Labour Minister, Fackson Shamenda to pay a Nigerian Company, Dangote Industries Zambia Limited more than K112,000.00 for libel.

. Shamenda

. Shamenda

Mr Shamenda caused the publication of a slanderous statement in which he accused one of the company’s employees of trying to bribe him on September 15 and October 1, 2014.
Dangote Industries had sued Mr Shamenda demanding more than K100,000 for aggravated damages for slander and libel after he accused the cement company of trying to bribe him.
High Court deputy registrar Charles Zulu entered a judgment in default yesterday on grounds that Mr Shamenda had failed to file his defence and following the expiry of the conditional memorandum of appearance and his failure to amend his application to set aside writ of summons.
Dangote had its ground-breaking ceremony in 2010 in Masaiti district where it has invested US$400 million and is due to commence operations this monthend.
“It is this day adjudged that judgment in default of appearance and defence be and is hereby entered in favour of the plaintiff and against the defendant for special damages in the sum of K112,042.84 to be assessed by the deputy registrar,” Mr Zulu said.
In an interlocutory judgment delivered yesterday, Mr Zulu further ordered that general damages be paid to Dangote Industries for slander published by Mr Shamenda in the presence and gearing of the Labour Commissioner Cecillia Mulindeti Kamanga and others.
He said Mr Shamenda caused to have published a libelous article in presence of former Mineworkers Union of Zambia President Nkole Chishimba, the general secretary Joseph Chewe, the Workers Compensation Fund Control board and the local press on September 13, 2014 at a meeting held on the plaintiff’s premises in Ndola.
The cement company claims that Mr Shamenda alleged that Dangote Industries had apologised for trying to bribe him and that the company’s human resources manager was on the run when in fact not.
Dangote claims that the words used by Mr Shamenda were sensational and that he knew the allegation of attempted bribery was untrue, adding that the court should infer that Mr Shamenda knew that his words were slanderous and libelous.
“The words in their entirety were based on malicious falsehood and were defamatory, slanderous and libelous of Dangote Industries’ business and professional reputation,” read part of the Statement of claim.
Meanwhile, Mr Shamenda’s lawyer, a Mr G. Mulongo and Dangote Industries Zambia Limited have agreed to settle the matter outside court.
In an application yesterday, Dangote’s lawyer Amanda Theotis told the court that she had received fresh instructions from the client to have the matter resolved amicably and needed time to do so.
“I want to be given ample time and instructions on this issue to allow parties time to decide on the way forward after default judgment and take appropriate orders,” she said.
Mr Shamenda’s lawyers did not object to the application.

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