UNIP administrative secretary Welfare Mfune has refuted claims that party secretary general Alfred Banda committed perjury when he told the Lusaka High Court that no party asset has been sold by the leadership.
Mfune has since maintained that no party assets have been sold, further claiming that all assets which were being referred to by the 11 UNIP members who have sued the party leaders, do not belong to UNIP but a company called Zambia National Holdings Limited.
This is in a matter where Fackson Njovu and 10 others have sued party president Tilyenji Kaunda, UNIP vice-president Njekwa Anamela, deputy secretary general of UNIP Alfred Banda and administrative secretary Welfare Mfune seeking an injunction restraining them from performing functions of Members of Central Committee (MCCs) as their mandate expired in 2005.
The 11 are seeking an order that outgoing MCCs and the recognised interim MCCs follow the Registrar of
Societies’ administrative directive to jointly organise and hold a congress by forming one working group.
In an affidavit in support of notice of intention to raise preliminary issues, Banda, claimed that the lead plaintiff in the matter, Njovu, was no longer a member of UNIP as he defected to the MMD after he sold a party building in Chaisa and he never applied for re-admission to the party.
He further claimed that the other plaintiffs were also not genuine members of UNIP as they had been moving from one party to another especially, the ruling parties of the time while others were not in good standing with the party due to various disciplinary cases at different levels of the party structure.
However, in a further affidavit in opposition to notice of intention to raise a preliminary issue and in support of ex-parte summons for an order of interim injunction and affidavit verifying facts, the plaintiffs urged the court not to entertain the preliminary issue raised by Banda that they were no longer party members as it was aimed at frustrating a genuine claim by the members of UNIP before court.
Njobvu argued that the defendants committed perjury in the affidavit in reply when Banda stated that no party asset had been sold.
He added that the defendants had sold the party assets without approval of two-thirds of congress and contrary to the UNIP constitution.
Njovu said on December 6, 2019 the defendants assigned UNIP property No. Kabw632 to Iqbal Akubat and the said property was sold at K700,000.
He further alleged that on March 30, 2017, the defendants through Zambia National Holdings Limited, a company owned by UNIP, sold property No LUS/4870 to Kamrul Ahsa.
Njovu disclosed that the defendants on behalf of UNIP received motor vehicle donations for campaigns and some were placed under the custody of the company incorporated as Kwenda Zambia Car Hire Limited, but all have been sold without being accounted for.
He added that Anamela and Mfune were directors and holders of shares on behalf of UNIP in Zambia National Holdings Limited.
But in a further affidavit in reply, Mfune disputed the claims by the complainants stating that the defendants have not sold any assets of UNIP without the approval of two-thirds of congress.
He explained that the property sold by the Zambia National Holdings Limited where the defendants were only shareholders, did not belong to UNP but to the same company, which was the legal owner.
Mfune also denied that he and Anamela had shares in Zambia National Holdings Limited on behalf of UNIP, but that they were shareholders in their own right and were not the only shareholders in the said company.
He also disputed that the defendants had failed to indicate what type and how many vehicles were received on behalf of UNIP and that there was no document to show that the shares in Kwenda Zambia Car Hire Limited were held on behalf of UNIP.
“There is nothing for the defendants to account for and no perjury was committed by Alfred Banda as no party assets have been sold as all the assets the plaintiff is referring to do not belong to UNIP but to a company called Zambia National Holdings Limited,” said Mfune.