CHISHIMBA Kambwili has denied defaming PF deputy secretary general Mumbi Phiri in the Lusaka High Court and has demands K100 million as exemplary damages in his counterclaim for libel against the latter.

The Roan PF member of parliament has also strongly objected to Mumbi’s application for interlocutory injunction against him.

According to his defence and counterclaim filed in the principal registry in a matter in which Mumbi sued him for defamation and was claiming K100 million as special damages, Kambwili has wholly denied defaming saying the words she complained of were not false and therefore, a fair comment.

Mumbi sued Kambwili claiming K100 million as special damages for defamation after he accused her of being corrupt.

But Kambwili stated that the words complained of were not made with malice as they were justified.

He stated that the same words in their natural and ordinary meaning were true in substance and in fact and were not understood to bear the meaning or intent as alleged by Mumbi.

And Kambwili counterclaimed K100 million from Mumbai for libel over her statement, which caused to be published on December 6, 2018.

He stated that the statement by Mumbi in its natural and ordinary meaning meant that his daughters were pornographic actresses and prostitutes.

Kambwili stated that Mumbi’s words also meant that he was a criminal who exerts control over and lives off the earnings of prostitution activities of his daughters.

He further claims compensatory damages for libel in Mumbi’s statement, damages for anguish arising from the said false and malicious libelous allegations without just cause and excuse.

Meanwhile, Kambwili strongly objected to Mumbi’s application for interlocutory injunction, saying it was not necessary to restrain him from further issuing statements in relation to the matter because Mumbi would not suffer any irreparable damage or injury.

“The plaintiff is therefore, not entitled to an order of interlocutory injunction as she is a tortfeasance for liable for the said statement she issued and published. In the premises, we urge the court to dismiss the application with costs to the defendant as it’s frivolous and lacks merit,” said Kambwili.

Meanwhile, Kambwili has asked the Lusaka High Court to join him to the case in which PF secretary general Davies Mwila has applied for leave to commence judicial review proceedings against the Speaker’s decision not to declare his seat vacant.

In an affidavit in support of ex parte summons for joinder filed on January 9, Kambwili stated that since the subject matter of the proceedings was whether or not the Roan parliamentary seat should be declared vacant, he should be duly made party to the same so that he has an opportunity to be heard.

“That I verily believe that this is a proper case to make this my application for joinder,” he said.

Kambwili added that any decision made in respect of the proceedings was bound to directly affect him and his rights and interests as member of parliament for Roan Constituency.

He further stated that none of the parties to the proceedings would be prejudiced by him being joined as it was in the interest of justice, adding that it would bring finality to the same as all interested parties would be heard in respect of the matter once and for all.

In this case, Mwila sued the Attorney General and is seeking an order quashing Speaker Dr Patrick Matibini’s refusal to declare the Roan seat vacant.

Mwila also wants the court to direct the Speaker to declare the seat vacant, adding that there was no suit on the part of Kambwili pending before court to challenge his expulsion from the PF.

He stated that the decision of Dr Matibini to refuse to declare the seat vacant was illegal as it was in contravention of Article 72 of the Constitution of Zambia.

But Chief State Advocate Joe Simachela in his submissions in the matter urged the court to dismiss Mwila’s application on the grounds that the High Court had no jurisdiction to hear a case of a constitutional nature.

Simachela also submitted that the case should have been filed in the Constitutional Court and not the High Court.

Meanwhile, National Assembly of Zambia deputy clerk-procedure Cecilia Sikatele filed an affidavit in opposition to Mwila’s application and urged the court to dismiss it.

Sikatele explained that Kambwili’s case that was before judge Maria Kawimbe in which he was challenging his expulsion was dismissed upon several breaches and contumelious disregard of the court’s orders but that he appealed to the Court of Appeal.

Judge Kombe reserved ruling on whether Mwila will be granted leave to commence judicial review proceedings or not to a date to be communicated.