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Judge Wood: Zamtel, LapGreen Case Should Be Heard In Neutral Country
A Lusaka High Court has allowed the deprived owners of Zamtel to have their case heard in a nuetral country instead of Zambia where their witnesses are are intimidated by government forces.
But the PF regime wants the case to be heard in Zambia despite Lapgreen officials being removed from Zambia by force and therefore unable to give evidence in court.
LapGreen is challenging the PF regime’s decision to compulsorily acquire its 75 percent shares in Zamtel.
Lusaka High Court Judge Albert Wood, probably in a bid to cleanse himself from the cartel holding Michael Sata hostage, granted LapGreen the application for it to tender evidence by alternative means, for trial to be heard in a neutral foreign country on grounds that its witnesses were being intimidated by the Zambian government and as such, they were scared to come to Zambia.
This is in a matter in which, LapGreen the Libyan firm that bought Zamtel asked the court to grant it leave to adduce evidence by alternative means, for trial to be heard in a neutral foreign country or by any other means available on grounds that its witnesses could not come to Zambia as they were being intimidated.
The Libyan based firm had through an affidavit sworn by David Holiday adviser to the chairperson of LapGreen and Managing Director of Uganda Telecommunication Ltd, a subsidiary of LapGreen, cited a number of reasons why he felt the application should be allowed.
Mr Holiday said both prior to and after the purported compulsorily acquisition of its shares in Zamtel, LapGreen ‘bosses’ had been victims of a number of intimidation tactics by the government.
He told the court that on January 18, 2012, Zamtel bank accounts were blocked by the DEC and a seizure notice issued based on allegations of money laundering.
“This only leads me to one conclusion that they are true. The unchallenged evidence is that Hans Paulsen was escorted by armed police officers to and from his office. Armed police officers also came to look even after he had left for Uganda,” Mr Justice Wood said.
Mr Holiday said on January 24, 2012, government decided to compulsorily acquire the shares in Zamtel and forcibly ejected a number of its management staff.
He said former Zamtel chief executive officer, Hans Paulsen, a Ugandan national who was found at Zamtel offices was surrounded by armed police officers and was told to leave the premises immediately.
He said Mr Paulsen was a critical witness in the matter in which LapGreen has petitioned over government’s decision to acquire its 75 percent shares in Zamtel but he was unwilling to come back to testify because of fear.
But Solicitor General Musa Mwenya in opposition to the application had on January 18, 2012 asked the court not to allow the application on grounds that the company had not cited any rule to support the application.
Mr Mwenya who denied any intimidation said the blocked accounts were done on grounds of investigating money laundering against LapGreen.
He denied preventing LapGreen‘s witnesses to come and testify saying “there is no basis upon which the matter can be heard in a different jurisdiction and is in any case illegal in view of the provisions of the law.”
But in passing his ruling, Mr Justice Wood said it was clear from the affidavit by Mr Mwenya and submissions that none of the allegations by LapGreen’s witnesses have been denied or challenged in any way by the respondent.
“This only leads me to one conclusion that they are true. The unchallenged evidence is that Hans Paulsen was escorted by armed police officers to and from his office. Armed police officers also came to look even after he had left for Uganda,” Mr Justice Wood said.
He said since LapGreen was the one who wished to have evidence taken to England it was only equitable that it bears all respondents’ reasonable expenses relating to the case.
He said “the net result is that the application is allowed and the petitioner should be responsible for respondents’ reasonable expenses. The issues raised are novel.”
Posted by Editor
on March 30, 2013. Filed under LATEST NEWS.
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one me
March 30, 2013 at 11:56 am
Zamtel was stolen from zambians by RB and
Dorah in this case Lapgreen should go to helll
Giringo
March 30, 2013 at 2:34 pm
These Lapgreen should certainly go to hell! We will grab everything that belongs to Zambians!
Disillusioned Ex-Zamtel
March 30, 2013 at 3:34 pm
Lapgreen,should you need us ex-employees to testify in your favour,just set up a hotline & we will call in & give our side of the story.If need be,we are ready to appear in court on behalf of Lapgreen.The ball is in your court.
joe
March 30, 2013 at 7:06 pm
ndeloleshafye…..
THE THINK TANK OF ZAMBIA
March 30, 2013 at 7:09 pm
This yet another unpatriotic move that was taken by Rupiah regime, politics aside every Zambian must rise up and defend the move by government to acquire 75& shares.
We have to have a larger saying as Zambians in a strategic telecommunication company especially that it controls the Gate way. Our security system would be compromised if foreigners control it.
Genaro the Analyst
March 30, 2013 at 7:59 pm
The question is not where is Zambia going but the answer is where did Zambia go?
Akaice ne fimina
March 31, 2013 at 9:26 am
Levy Mwanawasa was a good leader. He carefully fished Rupiah Banda from oblivion not to later become president but to lick his boots. Unfortunately, Levy passed on and Rupiah constitutionally fell in the highest office which didn’t fit him. One thing Zambians must know is that vice presidents are not presidential materials. Which president in his right frame of mind can choose to be deputized by a threat? RB was the biggest mistake on the Zambian people.
believer 7
March 31, 2013 at 9:33 am
Think tank you are right..once these foreigners get this property we are finished…… Zambia will be naked!
CNP-4U
March 31, 2013 at 9:43 am
way to go..viva Judge Wood..the law should take its course..
Mpika Munshebwa
March 31, 2013 at 9:58 am
u reap what u sow!
Narrant
March 31, 2013 at 10:55 am
A very strange decision by a strange judge. Whatever happened to national sovereignty at the legal front, ‘learned’ judge?
Fodya
March 31, 2013 at 3:46 pm
You can tell from his name that he represents the colonisers. Shame on this Judge. May be he needs classes on sovereignty indeed.
Pachanya
April 1, 2013 at 11:49 am
We will always support and defend our Mother land, the PF Government was and is right to grab or acquire 75% of the shares in a strategic telecomunication company which controls the gateway. we will die for what is ours let the lapgreen go to hell we are not Libya we are Zambia the peaceful land on earth and we love peace and harmony, no time to fight God fights for us. Viva PF boma lets get all what the climinals stole from us. we are repossesing everything watchout!