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Attorney General asks to be removed from Zimba’s bankruptcy proceedings

THE Attorney General has asked the Lusaka High Court to be removed from the proceedings in which a Lusaka woman of Ibex Hill extension is seeking an order to be declared bankrupt because she is unable to pay more than K48,000 which she owes people in Lusaka and Chirundu. According to a combined affidavit in support of summons for non-joinder and misjoinder of parties to proceedings filed in court, Paul Chiteta, an advocate at the National Legal Aid Clinic for Women who are representing the Attorney General, stated that the Attorney General was desirous to be removed from the proceedings so that a proper party to the proceedings, the Administrator General, was brought to court in the interest of justice.

He stated that on November 26, 2018, an estimate statement of the affairs of Zelipa Zimba was delivered to the Attorney General chambers. Chiteta stated that on December 10, 2018, a petition for a receiving order was lodged by the National Legal Aid Clinic for Women on behalf of Zimba and that shortly after the lodging of the said petition, the National Legal Aid Clinic for Women learned that the person being referred to in the bankruptcy Act was the Administrative General and not the Attorney General. He stated that Zimba cited the Attorney General and not the Administrator General.

Chiteta explained that the proper party to the proceedings was the Administrator General and not the Attorney General.

“It is desirous that a proper party to the proceedings is brought to court in the interest of justice. It is desirous that the Attorney General be removed from proceedings and the Administrator General be added,” stated Chiteta.

Zimba asked the court to declare her bankrupt, explaining that she had no assets except for beddings, clothes and kitchen utensils which she shared with her husband and could not pay the K48,700 debt she owned various individuals. She stated that under section 8 of the Bankruptcy Act chapter 82 of the laws of Zambia, she is permitted to present her petition for a receiving order to the High Court of Zambia. She states that she had liabilities and owed various sums of money to individuals whom she named to be staying in Lusaka and Chirundu. Zimba wants the court to declare that her assets are unable to cover all her liabilities as maybe evidenced by the total value of her assets. She wants the court to declare that she was not able to pay her debts and she also seeks an order for costs and any other orders that the court may deem fit.

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