Mushitu, two others sue AG over K2.4m legal fees


FORMER Zambia Red Cross Society secretary general Charles Mushitu and two others have sued the Attorney General in the Lusaka High Court claiming over K2,400,000 incurred in legal fees. Mushitu and two others are also claiming K47, 480 incurred in hiring taxis from their respective homes to the Lusaka Magistrates’ Court, among other demands.

Other plaintiffs include Sydney Chituta who served as finance and administrative manager and Kelvin Chiposwa who served as national president and chairman. The trio submitted that they were arrested on August 8, 2013 by the Drug Enforcement Commission (DEC) on the charge of abuse of authority of office.

The allegation was that they abused the authority of their offices by arbitrary applying a sum of K267,000 (unrebased) from the International Federation of the Red Cross, meant for orphans and vulnerable children (OVCs) in Sesheke and  Kazungulu districts, on other activities. Mushitu and Chituta were also arrested and charged with the offence of destroying evidence.

The allegation in this charge was that the duo had destroyed Zambia Red Cross Society accounting documents which showed how the diverted money was used. They stated that after their arrest, they appeared before the magistrates’ court for three years eight months to answer to the charges laid against them.

But the magistrates’ court dismissed all the charges and they were acquitted forthwith.

“In consequence of the matters aforesaid, the plaintiffs were injured in their reputation and profession and were put to considerable trouble, inconvenience, anxiety and expense and have suffered loss and damage,” read the claim in part.

As a result of the above, the plaintiffs are claiming damages for mental distress, anguish and inconvenience arising from the malicious prosecution and any other relief the court may deem fit. They are also claiming interest on all the sums awarded and costs.

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