Another driver joins cadres case
ANOTHER bus driver has applied to join a case where five others have sued nine suspected Patriotic Front (PF) cadres for alleged illegal collection of levy at Lusaka’s City Market, Zingalume route, and is claiming over K100 ,000 which he contributed to them in form of ‘ichilimba’.
Daniel Phiri has applied to be joined as a party to the proceedings claiming that he was not aware of the proceedings at the time they began.
Chrispine Phiri, Gibson Sibanda, Isaac Maziba, Moses Bwalya and Simon Phiri sued an alleged illegal committee comprising nine suspected PF cadres based at City Market for payment of K826, 200, which was collected from them as contributions for two years after loading buses. Those sued are William Mtonga, Peter Tembo, Samson Banda, Fransisco Kwaya, Masauso Zulu, John Chirwa, Godfrey Mulenga, Provey Kamananga and James Phiri.
Mr Phiri says he has enough interest to be joined to the matter because he is owed K181, 440 under what was termed ‘ichilimba’ (a traditional informal banking system).
Mr Phiri says the defendants breached the contract.
But in opposing Mr Phiri’s application for joinder Mr Mtonga, on behalf of the other defendants, says there is no contract as alleged by Mr Phiri and that none of the defendants owes him money as there is no proof to support his claim.
“That the purported intended party cannot provide any proof whatsoever or prosecute his vexatious claims against the defendants as he has no proper action and the intended party has not disclosed any relation to the cause of action under this cause by the five plaintiffs,” Mr Mtonga states.
He has urged the court to dismiss the application for joinder saying it lacks merit.
In the main matter the five bus drivers are also seeking an order declaring that the cadres’ collection of levy from them is illegal, null and void because only Lusaka City Council (LCC) can collect levy in bus stations.
They also want an order for interim injunction restraining the committee, its agents or whosoever from chasing them or barring from operating in the bus station, harassing or threatening them, which injunction was granted to them on April 12 this year.
But in an affidavit in opposition to ex parte summons for an order of interim injunction, Mr Mtonga, on behalf of the other defendants, said their committee was legal and had been mandated by LCC at City Market to control the drivers’ affairs on the Zingalume route.