Airtel Zambia has issued a response denying they snubbed the High Court in the journalists wiretapping case.
According to a statement from their communications department, Airtel Zambia has declared its readiness to co-operate in with the law.
This is in a case were two Lusaka journalists Thomas Zgambo and Clayson Hamasaka have sued the telecommunication company for spying on them on the instructions of former State House press aide George Chellah.
Zgambo and Hamasaka filed a conditional memorandum of appearance pending an application to set aside the company termed a “Writ of Summons” for irregularity after High Court Deputy Registrar gave Airtel Zambia 14 days to make an appearance effective July 1, 2015 but by press time, Airtel Zambia had not made an appearance 21 days later.
However, the Airtel media team issued the following statement insisting they are within time to file their response.
“Reply from Airtel Corporate Communications: The current position is that Airtel entered Conditional Appearance and thereafter as required by law will either file a defense or make an application within 14 days of entering the Conditional Appearance. The 14 day requirement at law has not lapsed.
“In the meantime external lawyers are handling the matter on behalf of Airtel and are ensuring that all the necessary applications are made on time. In essence Airtel is within the timeframes stipulated by the law contrary to the allegations made in the article. Please be guided,” a statement reads.
Zgambo and Hamasaka allege that Airtel diverted several text messages to and from their numbers which was allegedly operated by former press aide to President Michael Sata, George Chellah. Chellah was the cartel operative at State House.
Zgambo, who is the First Petitioner and Hamasaka the Second petitioner, say in their petition that Airtel Zambia breached Article 11 of the Constitution of Zambia Chapter 1 of the Laws of Zambiaan Article 17 Chapter 1 of the Laws of Zambia, Article 20 of the Constitution of Zambia Chapter 1 of the Laws of Zambia, the Electronic and Communication Transactions ACT No21 of 2009 of the Laws of Zambia and the Protection of Fundamental Rights Rules 1969 Statutory Instrument no WDF of 1969 of the Laws of Zambia.
The so-called “cartel” is a group of powerful special interests including the suspended DPP Nchito, the owner and editor of the Post Newspaper Fred M’membe, the recently arrested banker Rajan Mahtani, and the former Minister of Justice Wynter Kabimba. Under the administration of the late President Micheal Sata, the cartel was known to control the state instruments from behind the scenes, however, since the election of President Edgar Lungu they have been under increased pressure. In recent weeks, there have been signs of a developing alliance between the cartel and the opposition United Party for National Development (UPND).
The two journalists in this case are being represented by Messers AKM Legal Practitioners of Lusaka
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