Firm owned by senior PF official, Kambwili’s wife, sued for K500,000 over reported death of employee

Mwamona Engineering and Technical Services Limited, a company owned by senior PF official Chishimba Kambwili’s wife, Carol Chansa, and son Mwamba Kambwili, faces an over K500,000 legal challenge for alleged death of an employee, last year.

The construction company had been sued together with Mopani Copper Mines in the Lusaka High Court by the family of Mathews Bwalya, who died on October 4, 2022, when he was assigned as a dump truck operator to work at 3960 meters level on an elevated site driving a dump Truck loaded with Copper ore.

According to documents filed in court, Bwalya was aged 45 and a father of eight (aged between 23 and 2) earning a monthly net pay of K4,200 at SOB, Nkana Mine.

Administrators of his estate, Cecilia Chama and Charles Bwalya said in a statement of claim that their relative died due to negligence by the defendants.

“In the process of executing the said assignment, the Dump Truck developed a mechanical fault with increased revs, leading to loss of control and severally hitting against the mines walls and consequently the deceased got trapped.

He was retrieved by the rescue team and rushed to Wusakile Mine Hospital and upon arrival he was pronounced dead by the medical personnel,” the plaintiffs said.

They add, “the said accident was caused by the negligence and breach of statutory duty by the defendants/añd/or their agents, servants or employees,”

Particulars of negligence and breach of statutory duty included alleged lack of effective control and planning by the defendants’ superiors together with the line officials who initiated the task.

The plaintiffs claim the said Dump Truck required proper service.

“Failure by the defendants’ mine superiors to carry out Dump Truck maintenance Service regularly to ensure that it was in good working condition regard being had to the fact that the copper ore loaded on the said Dump Truck was heavy this posing a danger to workmen particularly to the deceased.

“Failure by Mopani, owner of the premises to close that part of the working area pending restoration of safe conditions,” they contended.

Chama and Bwalya lamented that the family, especially the eight children have been denied a breadwinner due to negligence by the defendant which resulted into death.

They claim general and special damages for the loss of life ( Miscellaneous Provision) Act and Fatal accidents Act 1846-1908.

The plaintiffs have computed damages for loss of expectation of life- K5,000 and damages for loss of dependency by the family- monthly basic pay of K 4,200 less 1/3 for contingencies x 12 months x 15 years- K 504,000.

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