Attorney General rules K400,000 gratuity of ex-Katuba lawmaker in court possession has legal backing

Former Katuba Member of Parliament, Bampi Kapalasa’s end of year gratuity earnings were transferred to the Kitwe High Court in compliance with an order of the court, the Attorney General Mulilo Kabesha has submitted.

In the matter before the Lusaka High Court, Kapalasa sued David Mensaha resident of plot no.43, Limulunga Crescent, Riverside, Kitwe, the Attorney General and Speaker of the National Assembly, Nelly Mutti, that they pay back the K400,000.00.

Kapalasa whose term of office was to expire in 2021 when parliament was to be dissolved in readiness for the general elections, on August 3 said he learnt that Mensah had commenced an action against him and two others on May 11, 2021 under cause number 2021/HK/162 by way of writ of summons and statement of claim.

He stated that the matter was based on an alleged loan contract and not on financial maintenance of Mensah and yet he applied for an order of attachment of his earnings, namely gratuity.

Kapalasa said without consulting him, on June 8,2021, the National Assembly, ordered his bankers ZANACO to deduct from account number 0394140300161, leaders M vehicle and pay into the Kitwe High Court clients account.

He added that Mensah’s lawyers in June 14, 2021, filed a notice of payment into court without the plaintiff’s written authority or knowledge.

“On July 12, 2021, Judge Charles Chanda granted the first defendant ( Mensah) an ex parte order for entry of judgement in default of appearance and defence. It was entered against the plaintiff in the sum of K200,000.00 plus interest and legal costs.

“On July 14,2021, the first defendant’s lawyers wrote to the plaintiff demanding K400,000 being K200,000 judgement sum and K200,000 legal costs and threatened to withdraw the entire K400,000 which was transferred to the Court’s account,” he said.

He alleged that his applications for stay of execution and to set aside judgement in default were dismissed for non-attendance yet no date of hearings was communicated to him or his advocates.

But the Attorney General and the Speaker in defence contended there was no requirement for Kapalasa’s consent to be obtained before complying with an order of the court.

“The second defendant shall at trial aver that it was not tenable to recall the money as it was made pursuant to an order of the court to attach the plaintiff’s end of term gratuity to the court proceedings,” Kabesha submitted.

They denied aiding Mensah to illegally obtain the K400,000 from Kapalasa as alleged.

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