Widows thrown out of NIECO houses

February 19, 2013 | Filed under: Breaking News | Posted by:

The Editor,

I would like to express my disappointment over the manner in which our Zambia’s  High court and highest  Supreme court of  this land  Zambia has handled our case. This is the case between the  former employees of the defunct NIECOS   OVERSEAS ZAMBIA LIMITED  the Plaintiffs are   Mrs.  Emeldah  M Bwalya a widow to the late former employee Mr. Lewis Bwalya ,  Ms Fadah Musamba  the administrator for Late Lebby Musamba , Ms Beatrice Mayumbelo which was a parastatal company until 1995  and the defendant  Mr. Eddie Kabunda Mabando  House number 18 Chipululu, Libala stage 4A Lusaka who was dismissed by NIECOS at the time a parastatal   .  The said plaintiffs  Mrs. Bwalya, Ms. Musamba  and  Ms Mayumbelo have been sitting tenants of  former NIECOS  flats  for 17years  plot number:  5992/1/2/3 Benakale road, Northmead, Lusaka
NIECOS was a parastatal company until 1995 when  the company was privatized under a under Management Buy Out (MBO) , the plaintiffs who were employees of NIECOS served the company for over  15 years  continued to work for the company even after the MBO without receiving any terminal benefits from the Company.
Between 2000 and 2001 NIECOS Overseas Zambia Limited  (1995)  went into Liquidation and ZANACO  placed it  on receivership. ZANACO by then had engaged a receiver  known as Mr. Gupta   who after recovering some of the assets was said to have left the country and handed over to Mr.  G. Sizya.
In  2001 January the receiver manager Mr. Sizya advertised in the press to sell the property and at the reserve price of KR320,000.00. As sitting tenants we petitioned the action by the receivership engaged by   ZANACO.  And 2002 ZANACO wrote to us as sitting tenants and former employees of NIECOS that the receivership was lifted and no longer hand any interest in the property. 
After a few weeks past  Mr . Mabando who often  visited the children to the deceased former employees  just after  the demise of their father  Mr.Bwalya who was his close friend .
Mr. Mabando  visited the families frequently and  preaching the word of God as a Jehovah’s witness.  When he heard that  the receivership was lifted by ZANACO, he rushed to the High court to Sue the sitting tenants claiming his benefits according to a judgement passed in his favor against NIECOS OVERSEAS SERVICES  (Z) Limited   and on the 8th day of October  1998 his damages were assessed which came to KR78, 608.28 with  interest at 40% interest per annum in a case ruled in favor of him against NIECOS for wrongful dismissal judgement number 1992/HP/1383
After this   the High court ruled in favor of Mr. Mabando to go ahead to sell the Three flats at market value to recover his benefits due to him and the change should be shared among the employees.
However his lawyer  Humphrey M Ndhlovu,   of H H  & Co , 3rd  Floor Wood gate House , Cairo road, Lusaka  claims to have sold the property  at KR800,000.00 to recover the awarded benefits  to Mr. Mabando.
Now the issue is that the houses  were sold by Mr. NDHLOVU who paid off his client Mr. Mabando what he was claiming but what is surprising is that the person claiming to have bought the houses  a Mr Noel Chisanga Puta is believed to be Mr. Ndhlovu  ’s brother-in- Law.  The same lawyer  Mr. Ndhlovu is representing the buyer Mr. Chisanga N Puta who sued the plaintiffs and sitting tenants  to vacate the premises.
The Tenants appealed to the Supreme court to be considered in this matter being unemployed  widows and orphans so that they could be joined as parties to the sell of these houses which are worth over KR2MILLION as earlier stated in the High court  order attached 2005/HP/093  but still the Supreme court  ignored this court order  and allowed Mr. Mabando and his  lawyer  H .H Ndhlovu  as the only beneficiary to these three houses. The supreme court has not even bothered to consider the fact that the sitting tenants have also never being paid any benefits from  the defunct NIECOS.
The Supreme court has  turned a deaf ear to the plight of widows and orphans  instead ruled in favor of Mr. Puta the buyer of the flats and ignored the earlier court order to be joined as parties passed in 2006.
The Supreme court in passing Judgement said that the buyer was  an innocent person even and could  take possession of the houses  since they were no longer occupied when in fact it was not true. “we as the sitting tenants were still occupying the flats  when the Supreme court Judgment was passed on …..
After Judgement was passed in 2012  the court bailiffs  came to our residence and evicted the three families out in the cold rain on 6th December 2012.
We are now spending nights in the cold and our properties were thrown out in the rains we have made  several appeals to the Supreme court and the Government to grant us a judicial reveal as we feel unfairly treated in this matter.
” My question is that is justice and the rule of law in this country only for the Rich and those with power  while poor mothers widows and orphans are thrown out of their homes to become homeless destitutes? is the rule of law only for HH Ndhlovu and  Puta “  May God fight this battle for use.
We have made several appeals to the Government Investigative wings to look into our case but the matter seems to be taking longer than expected.
And we also appeal that the Judiciary grants us a judicial reveal for we feel justice has not prevailed over our case.  Even as this mail is being written we are homeless and ours homes are being broken down by contractor hired by  the buyer Mr Puta who is said is based in  South Africa. He has  also hired security guards to heavily guard the premises. 
Dear editor  imagine helpless widows and orphans of three families being thrown out in the rains with no money or anything to fend for themselves.

Comments Closed

29 Responses to Widows thrown out of NIECO houses

  1. READING BETWEEN THE LINES ONE CAN EASILY SEE THAT THIS CASE WAS MISHANDLED BY THE JUDICIARY AND I DONT BLAME THE WIRITER FOR QUESTIONING THE FAIRNESS OF THE JUDGEMENT PASSED THERE IS ALSO CONFLICT OF INTEREST IN THIS MATTER…MAY THE RELEVANT AUTHORITIES INVESTIGATE THIS MATTER PLEASE SO THAT THE COMPLAINAINT MAY BE SATISFIED. I THEREFORE APPPEAL TO THE INVESTIGATOR GENERAL OF GOVERNMENT TO QUICKLY TAKE UP THE MATTER AND MAY JUSTICE MINISTER HON W KABIMBA ENSURE THAT JUSTICE PREVAILS OVER THESE PEOPLE WE NEED TO NEED TO SEE FAIR JUSTICE. AND ITS NOT ABOUT STATUS OR PEOPLE WITH MONEY ITS ABOUT JUSTICE. MAY THE GOVT TAKE OVER THOSE HOUSES AND BRING SANITY. HOW CAN THE COURT ALLOW AN INDIVIDUAL TO DISPOSE COMPANY ASSETS LIKE THREE HOUSES IN SUCH A MANNER EVEN IF ONE IS NOT A LAWYER THERE IS NO LOGIC BANE LETS BE SERIOUS IN ZAMBIA

    DONCHI KUBEBA - February 20, 2013
    22:17

  2. JEHOVAH’S WITNESS NI NSOKA

    mo - February 20, 2013
    21:53

  3. God will be our judge we may rejoice by winnning a court case on earth but the supeior judge will deal with the injustices you do to get wealth. we wish you peace on those house and rest my case.God will fight the battle for the poor.Amen

    mo - February 20, 2013
    21:37

  4. Widow or not fact is you dont own those properties. The company was liquidated and changed ownership. Your terminal bennefits are a SEPARATE court matter. Get out of the house and vacate it please so people with money and jobs are able to rent please, there are many derserving people wanting to rent properties in Lusaka.

    Intelligence officer - February 19, 2013
    22:09

    • You must be related to either mr mabando,njobvu or puta because if you had a heart you wouldn’t say that,knowing people are suffering all because of one man.remember in life you never know what might happen or who may help you.GOD BLESS YOU!

      Lilly P - February 20, 2013
      17:42

  5. Dear Writer,
    My heart goes out to you and the evicted people whether you are one of them or just a sympathizer. The way you have labored to explain the issue, shows you are very passionate about the matter. From your explanation I understand that NIECOS had obligations both towards Mr. Kabunda Mabando and towards the sitting tenants. To Mr. Mabando the obligation arose from wrongful dismissal while to the sitting tenants it arose in terminal benefits. It does appear that Mr. Mabando took legal steps to be compensated for the wrongful dismissal and achieved a favorable judgment. As to whether he suggested this property as that compensation or it was identified as such by the courts or by NIECOS, you have not indicated. But it is evident that this award was not contested and neither is it contested now.
    From your explanation, it was after he was awarded this property that the sitting tenants sought to be included as beneficiaries to the property, but the courts have not allowed that. Nevertheless the courts have not denied the obligation of NIECOS towards the sitting tenants. So, one door to their reward is closed, isn’t it? Well, be assured that many more “is” open. My advice is, do not let your passion, your present suffering or your status as widows and orphans blind you to the fact that you are still owed in full whatever is due. Don’t misunderstand me; sitting tenants are very important in any transfer of property. They are given the right of first refusal UNLESS there is a superseding priority. But I am quite certain that between them, the High Court and Supreme Court weighed these factors adequately.
    As one who’s been through very rough times myself, one tip I can give you is that the less you feel sorry for yourself, the more visible your options are. Also, you need to rejoice with those who have received favour. Imagine what Mr. Mabando and his family must have suffered after the wrongful dismissal and through his legal battles! Spare a thought for him; not just for his sake but for yours too.
    Finally, I wish the sitting tenants well. There must be people who are presently responsible for NIECOS’ obligations. Mulandu tuuligwa cucu. One day the sun will shine for you too.

    Some-Of-Us - February 19, 2013
    21:09

  6. The idiot has even demolished the flats. Where wil the widow find shelter even if the corrupt courts ruled in her fevour. The so could women groups re quick 2 say smdthing when they c so called nude pictrs in the post. Shame on u women

    Simumbwe jairos - February 19, 2013
    21:05

  7. From my understanding of the story i can smell corruption.these are the same people bringing our country down.i think its not only about widows & orphans but also justice should prevail.this case should be investigated further,if anything the ACC should look into it.i mean these people have been sitting tenants for 17years & thats a long time.please can the Government expose the corrupt judiciary…put yourselves in those people’s shoes.

    Lilly P - February 19, 2013
    19:18

  8. the PF govt will not help!!

    blacky - February 19, 2013
    15:30

  9. i think the background of this matter has not been published therefore, the best way is that, for all to know what really transpired is to go to the courts and be availed with all records of this case. This has been an old matter and I am sure the courts did a better job. However, the issue of using a status of widow and orphan to be heard is not just good because our society has so many people of different status suffering.

    lu - February 19, 2013
    14:50

  10. The Courts in Zambia are the fairest. They cannot rule in your favour just because you are widows. This thing also has nothing to do with PF becoming a bad government. Just find where to go. Ni pabwato.

    Mark Vivein Foe - February 19, 2013
    14:26

  11. Yes us long us we continue to worship the dragon and the sun God will punish us all,pipo reflect on the 10 commandments.keep the sabbath holy,read REV:18vs 4 downwards,My pipo come out JESUS is crying for u an me Please read the Bible to understand the word of God.For those with access to email search cds of markwoodman thx God bless Zambia.

    vincie - February 19, 2013
    13:02

  12. But how can an individual sale a parasatal company property? because what i know is that when the parastatal drops the govt should take over the propert. This is not fair govt should seriously look into this matter and help the poor widows…..Justice should prevail in this matter cause we smell corruption.

    concerned Citizen - February 19, 2013
    12:05

    • Read the WHOLE article above. The company went into LIQUIDATION….

      Globe Trekker - February 19, 2013
      12:44

  13. My question is WHERE are the vocal women organization?I am sure this is there role:to speak for the voiceless widows and orphans.Come on women stand up and assist the poor children.I rest my case.

    Kabuchende - February 19, 2013
    11:17

    • The womens movement are busy lobbying for their own jobs in govt and in internationalNGOs

      I AM Me - February 19, 2013
      12:33

  14. Sad reading… Write to the President..

    True man... - February 19, 2013
    11:08

  15. KINDLY ASK FOR THE WAY FORWARD FROM LEGAL RESOURCES FOUNDATION.
    i AM SURE THERE SHOULD BE A WAY OUT, EITHER TO APPEAL TO THE HEAD OF STATE OR NOT. VERY SAD STORY INDEED!!!

    JAMES BOND - February 19, 2013
    10:59

  16. Am so sorry. It has touched me and made me cry. It hurts me to see innocent people suffer that way. God, why is this world so cruel? Not even the Judiciary can save the innocent suffering majority! Why my God? Why?

    Mbala Chitemeshi - February 19, 2013
    10:14

  17. and I quote:”Mr. Mabando visited the families frequently and preaching the word of God as a Jehovah’s witness. When he heard that the receivership was lifted by ZANACO, he rushed to the High court to Sue the sitting tenants claiming his benefits according to a judgement passed in his favor against NIECOS OVERSEAS SERVICES (Z) Limited and on the 8th day of October 1998 his damages were assessed which came to KR78, 608.28 with interest at 40% interest per annum in a case ruled in favor of him against NIECOS for wrongful dismissal judgement number 1992/HP/1383

    After this the High court ruled in favor of Mr. Mabando to go ahead to sell the Three flats at market value to recover his benefits due to him and the change should be shared among the employees.

    However his lawyer Humphrey M Ndhlovu, of H H & Co , 3rd Floor Wood gate House , Cairo road, Lusaka claims to have sold the property at KR800,000.00 to recover the awarded benefits to Mr. Mabando.

    Now the issue is that the houses were sold by Mr. NDHLOVU who paid off his client Mr. Mabando what he was claiming but what is surprising is that the person claiming to have bought the houses a Mr Noel Chisanga Puta is believed to be Mr. Ndhlovu ’s brother-in- Law. The same lawyer Mr. Ndhlovu is representing the buyer Mr. Chisanga N Puta who sued the plaintiffs and sitting tenants to vacate the premises.

    THE ABOVE EXPLAINS IT ALL.

    Oprah - February 19, 2013
    10:05

  18. The entire judical system is very corrupt justice is only for the rich while the poor suffer Veep its in your constituency what have you done about it you think only those beuleni pipo are the only ones that votes for you shame on you Ba president wake up from your sleep pipo are suffering in this country pliz appoint a commission of enqury

    jane phiri - February 19, 2013
    10:00

  19. Can a lawyer and Madam Emily’s organisation comment and come in. YWCA and other CSOs enjoying donor money should come in here.

    PRAISE GOD - February 19, 2013
    09:55

  20. THE JUDICIAL SYSTEM IN ZAMBIA HAS BEEN COMPROMISED AND ABSOLUTELY DIRTY. THAT’ S WHY AT ONE TIME I POSED A QUESTION TO THE EFFECT THAT ARE THESE INSTITUTIONS, THE SO CALLED COURTS AUDITED WITH REGARD TO THEIR PERFORMANCE. IT’ S QUITE SURPRISING THAT THE INNOCENT ARE THE PEOPLE WHO SUFFER MOST THAN THE GUILTY SIMPLY BECAUSE THEY HAVE GOT MONEY. AT A LOCAL COURT IN CHILILABOMBWE IN 2008, I ATTENDED A CERTAIN COURT SESSION IN WHICH A MAN SUED HIS WIFE AFTER SHE WAS IMPREGNANTED BY ANOTHER MAN WHO WAS HER MAN FRIEND. IT WAS WAS A CLYSTAL CLEAR CASE BECAUSE EVEN THE NEIGHBOURS TO THAT FAMILY CONFESSED HOW THAT WOMAN ABUSED HER MARRIAGE THROUGH DIRTY PRACTICES AND IRRESPONSIBLY. SURPRISINGLY, THE COURT RULED IN HER FAVOUR BECAUSE THE COURT OFFICIALS WERE BRIBED BY THE WOMAN’ S FAMILY WHICH PAID THEM HANDSOMELY. THE TREND AT CHILILABOMBWE LOCAL COURT HAS CONTINUED TO THIS DAY AND THERE ARE A LOT OF MEN WHO HAVE CONTINUED TO SUFFER THAT WAY. WHERE IS JUSTICE IN THIS CASE COUNTRY MEN AND WOMEN, ARE COURTS STILL RELIABLE THE WAY THEY ARE SUPPOSED TO BE ?

    Terries Chisanga - February 19, 2013
    09:28

  21. You are not coming out clearly Bwana!

    Bull - February 19, 2013
    09:22

  22. Too bad,we dont know where we are going with these idiots pipo treting their felow human beings like animals.

    EZRON - February 19, 2013
    09:13

  23. Yea Lusaka province, copperbelt province, luapula provine, central province, yes, yes, yes, yes am not well

    Sata - February 19, 2013
    08:54

  24. Today comical Ukwa swearing in relatives. brace yourselves for comedy.

    Mpangula Mputyu - February 19, 2013
    08:53

  25. What a shame neighbour.

    dwi dwi - February 19, 2013
    08:43

  26. A tragic state of affairs adding to the many failures of PF one time whose leader was know as” man of action ‘ and a voice For the voiceless, now a shadow of himself priority 1 Destroy Opposition 2.Jail RB 3Appoint relatives everywhere.
    No concern to injustices whatsoever! Sir what has gone wrong? Are the rumors that you are not well true?

    Truth Seeker - February 19, 2013
    08:40