FORMER ZESCO CHAIR DENIES DEFAMING CEC
FORMER Zesco board chairperson Mbita Chitala has denied defaming the Copperbelt Energy Corporation (CEC) contending that the information in his book is based on facts and fair comment on matters of public interest.
Dr Chitala submitted that the High Court has no jurisdiction to hear the defamatory case by CEC against him as it is out of time.
He argued that the law provides that a suit for compensation for libel has to be filed within one year from the date of publication of the libel; in this case CEC filed the matter after one year, six months.
He has countersued CEC claiming compensatory damages for injury to his reputation.
This is a matter in which CEC sued Dr Chitala for libel stating that in his book entitled Corporate Capture: The Political Economy of Electricity Management is alleged to have made defamatory assertions against the firm.
CEC claimed that Dr Chitala alleged that it did not respect the bulk supply agreement as the firm acting with influential people between 2014 and 2021 to disadvantage Zesco in the power supply business.
He also alleged that CEC wantonly stopped supplying electricity to domestic customers but concentrated on channeling power to mining companies.
CEC contends that the defamatory statements made by Dr Chitala in their ordinary meaning meant that the company was involved in bad corporate practice.
But Dr Chitala in his defence and counterclaim contended that CEC did not qualify to commence an action on defamation as in order for a company to take legal action for defamation in a country such as Australia.
He argued that the company ought to prove that it has suffered financial loss as a result of the defamatory remarks.
“That under the uniform defamation legislation on which applies to every State and territory in Australia, a corporation cannot sue for defamation unless it is an “excluded corporation" such as small business and not for profit companies,” he said.
He stated that part C of the book describe point of fact of the business relationship which subsisted between the CEC and Zesco and the disputes which occurred between these two entities ensued from 2014 to 2021.