POLITICAL commentator and human rights activist Mbinji Mufalo says the sale of Post Newspapers assets by provisional liquidator Lewis Mosho is a criminal act.
In a statement posted on his Facebook page entitled ‘The Post liquidation on my mind’, Mufalo stated that what had happened to Post Newspapers Limited was a worrying indictment of lack of respect of the due process of the law.
He said Lewis Mosho of Lewis Nathan Advocated was made provisional liquidator of The Post Newspapers Limited through an ex-parte hearing.
He explained that according to the law, provisional liquidation was a process which existed as part of the corporate insolvency laws of a number of common law jurisdictions whereby after the lodging of a petition for the winding-up of a company in the court, but before the court hears and determines the petition, the court may appoint a liquidator on a “provisional” basis.
“The provisional liquidator is appointed to safeguard the assets of the company and maintain the status quo pending the hearing of the petition. Unlike a conventional liquidator, a provisional liquidator does not assess claims against the company or try to distribute the company’s assets to creditors. Given that though a date for an inter parte hearing was set but never heard, was it lawful to dispose of The Post assets? Is the law different in Zambia? When did the court order compulsory liquidation? Was the Post party there when such order was made? How could The Post owner, the Post lawyer be charged with impersonation before completion of due process? Or am I missing something? I don’t think so,” Mufalo stated.
“The sale of the Post assets was a criminal act. A worrying indictment of lack of respect of the due process of the law.”
He further stated that a State that did not respect laws was a criminal.
“But yet, again as a people, we watch, we even clap, we dance! A travesty. Ora pro nobis (pray for us),” said Mufalo.
Mosho on April 22 sold off Post trucks and trailers, office furniture and equipment, television sets, satellite dishes and decoders, generators, murals and even removed air conditioners, save for toilets.
Mosho and his sponsors advertised the auctioning of The Post assets using the Zambia Revenue Authority, to legitimise their action.
However, ZRA, which has joined the Post liquidation case in court, was not involved in the sale.