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ZESCO has intensified its legal battle by filing a counter lawsuit against five members of the FixZesco movement, alleging defamation and seeking significant compensatory damages.
The power utility claimed that the activists harmed its reputation through media statements accusing the company of unethical and corrupt practices.
The movement leaders—Given Kapolyo, Mwiza Zulu, Rizicky Fatacky, Thompson Luzendi, and Mputa Ngalande—had previously sued ZESCO for false imprisonment, battery, and assault following a protest at the Agricultural and Commercial Show.
They claimed they were unjustly targeted during their demonstration against Zesco’s operations.
ZESCO, however, denied these allegations, asserting that the activists were not merely bystanders but organized protestors who disrupted the company’s business at its show stand.
The company contended that the protesters trespassed and engaged in unlawful activities, including creating a scene with provocative slogans and disrupting business operations.
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According to ZESCO, the protesters approached its stand from different directions, with some posing as visitors while covertly displaying protest messages.
Their actions allegedly escalated as they waved flyers in front of employees and passersby, hindering business activities.
ZESCO claims it had to intervene to prevent further disruption, escorting the activists to the back of the stand for a discussion, using only necessary force.
The company disputed claims of mistreatment, asserting that no excessive force was used and that the activists were not physically restrained or verbally abused.
ZESCO also claimed the plaintiffs were not formally charged but were handed over to security at the showgrounds.
Following the protest, a Daily Nation article on July 5, 2024, quoted the activists rejecting a Lake Kariba tour, which they alleged was an attempt by ZESCO to bribe them into silence.
ZESCO argued that this statement defamed the company by suggesting it engaged in corrupt practices to silence critics.
In its counterclaim, ZESCO seeks compensatory and exemplary damages for defamation, as well as an injunction to prevent further defamatory remarks.
The company is also pursuing damages for trespassing during the protest and asserted that the ongoing legal action was an effort to damage ZESCO’s reputation rather than a genuine grievance.
ZESCO concluded that the claims of false imprisonment, battery, and assault were baseless and that its actions were legally justified.
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