LUNGU CHIEFS SUE ZESCO, DEMAND K97M FOR DEFAMING SENIOR CHIEF TAFUNA
THE Lungu Royal Establishment has filed a lawsuit against Zesco for defamation of the Senior Chief Tafuna and is demanding K97 million compensation.
Mr Bozy Simutenda, suing in his capacity as spokesperson of the establishment stated that, Zesco had no legal authority to forcibly remove Raphael Sikazwe Tafuna from his land and palace located in Isoka in favour of Mr Mathews Kakungu Siame, a person government mistakenly recognised as Senior Chief Tafuna and not traditionally installed by the Lungu people.
Mr Simutenda in a statement of claim filed in the Lusaka High Court said that Zesco contracted a company called Star Construction to build a palace as corporate social responsibility for Senior Chief Tafuna of the Lungu people of Mpulungu, Mbala and Senga.
He said that upon completion in 2016, the palace was handed over to the then caretaker chief, Mr Cosmas Sikazwe Tafuna.
Mr Simutenda however said Chief Tafuna was on December 7, 2023, brutally apprehended by Zesco police acting with Zambia Police.
"On December 1, 2023, the defendant lost sight of the agreement by giving notice to vacate the purported Zesco property forgetting that the said palace is a corporate social responsibility for our Senior Chief Tafuna, his Royal Highness Raphael Sikazwe Tafuna who the defendant illegally forced to vacate the palace," he said.
The litigant stated that the matter involving the succession dispute between Chief Sikazwe Tafuna and Mr Siame was still before the Lusaka High Court under cause no.2020/hp/342, pending the court to declare the rightful heir to the Tafuna throne.
Mr Simutenda contended that Zesco had no legal rights to arrest and charge the Senior Chief Sikazwe Tafuna for masquerading contrary to section 12 of the Chiefs Act, Cap 287 of the laws of Zambia when the matter of Tafuna succession dispute was pending the court's determination.
"The action or omission or decision taken by law is a defamatory matter likely to injure the reputation of all the Lungu chiefdom by exposing our Senior Chief Tafuna to hatred, contempt or ridicule and damages to our Lungu tradition by an injury to reputation of the defamatory matter,” he stated.
The establishment is seeking an injunction restraining Zesco, its agents or politicians from evicting Chief Sikazwe Tafuna to leave the palace at Isoka or interfering with his rights of senior chief Tafuna pending further order of the court.
They also want the court to declare that the palace constructed by Zesco at Isoka is a corporate social responsibility for Mr Sikazwe Tafuna as Senior Chief Tafuna.