By Agness Changala
Peatuke’s PASME FM Radio station is demanding a sum of K 2 million from the state and Petauke District Commissioner Velenasi Moyo for the lawless acts she exhibited which caused damage to the radio station.
In two separate letters of demand obtained by Daily Revelation, the radio station is demanding K1, 000,000.00 from the state and another K1,000, 000.00 from Moyo.
Meanwhile, PASME says if it doesn’t hear from Moyo by Friday, close of business, it would proceed to issue writ against her in her personal capacity.
The radio station through its lawyers PNP Advocates has written to Moyo and Attorney General’s Chambers.
In a letter dated August 17, 2020 addressed to Moyo, lawyer Gilbert Phiri has explained that on August 13, 2020, around 19:30 hours, the district commissioner stormed the radio station and ordered that it halts the continued airing of a paid for radio programme featuring UPND president Hakainde Hichilema.
Phiri stated that PASME management refused to heed to the said illegal order and directive but Moyo called the police and directed them to switch off the radio station, which they did.
“The radio station remained off for four hours. This action endangered the proper functionality of our client’s radio equipment and caused them serious loss of business for the time they remained off air. Further, your presence and that of the police at our client’s premises conducted into your falsely imprisoning the staff and inflicted mental torture, axienty and distress,” read the letter in part.
Phiri further stated that Moyo ordered the closure of the radio station until further notice because they did not apply for and were not issued with a police permit to air content from an opposition political party.
“According to you, a radio station should obtain a police permit in order for it to air political content from an opposition political party,” he stated.
The lawyer added that the lawless acts showed Moyo’s clear misaprehension of her role as district commissioner.
He stated that by the said actions, Moyo breached PASME’s Constitutional Rights as, inter alia, enshrined in Article 20 of the Bill of Rights of the Constitution of Zambia.
Phiri stated that Moyo had caused damages to PASME when she tresspassed on their property and against their property.
He stated that the act of switching off the radio station caused them damage as it led to loss of business.
“By matters aforesaid, we have instructions to demand, as we now do, settlement of damages in the amount of K1, 000,000. 00 (one million kwacha) for your lawless acts,” Phiri demanded. “should we not hear from you by close of business Friday 21, 2020, we will proceed to issue writ against you in your personal capacity for the lawless acts aforesaid and at your personal cost.”
And in another letter addressed to Attorney General’s Chambers and copied to Secretary to the Cabinet Dr Simon Miti and Eastern Province Permanent secretary Veronica Mwiche, Phiri demanded for an apology and an undertaking that the lawless acts exhibited by Moyo would not be repeated by any civil servant, should the radio station feature broadcasts from opposition political parties.
He stated that the state was vicariously liable for the petulant and uniformed actions of its servant, the district commissioner of Petauke.
He stated that his client was demanding a settlement of damages in the sum of K1, 000,000.00 for trespass to premises and on property, false imprisonment and loss of business.
“Our client demands an unqualified apology and an undertaking by yourselves that the aforesaid lawlessness will it be repeated by your servant or any of your servants should our client feature broadcasts from opposition political parties,” read the letter in part. “Specifically, our client demands settlement of damages in the sum of K1, 000,000.00 (One Million Kwacha) for trespass to premises and on property, false imprisonment and loss of business.” – Daily Revelation