By Mwaka Ndawa
FORMER minister of health Dr Chitalu Chilufya has applied for permission to serve court process on former Anti-Corruption Commission acting director general Rosemary Khuzwayo by way of advertisement.
This is in a matter where Dr Chilufya has sued the Anti-Corruption Commission and Khuzwayo demanding US $50.1 million as damages for libel over his malicious prosecution on corruption related charges in 2020.
Dr Chilufya is seeking damages for malicious prosecution, libel and defamation, intimidation as well as exemplary and aggravated damages to be assessed by the court.
In his statement of claim, Dr Chilufya said according to an audio recording availed to him by ACC employees and made public, Khuzwayo was heard saying she did not care whether he was innocent or not but that she just wanted him to be prosecuted.
“Khuzwayo in ACC institution abused her authority of office by sanctioning a malicious prosecution despite all the advice given to her that the plaintiff was innocent,” said Dr Chilufya.
According to an affidavit in support of ex-parte summons for leave to serve writ of summons, statement of claim and list of witnesses by substituted service, Dr Chilufya’s lawyer Tutwa Ngulube said on November 29, 2021 he attempted to serve the court documents on Khuzwayo through her former place of work and also made further attempts to seek the residential address and contacts but to no avail.
“Reasonable effort within my means to locate Khuzwayo in order to obtain her new address or establish any communication, but the same has proved futile,” said Ngulube. “I crave the indulgence of this court to grant Chilufya leave to serve the writ of summons, statement of claim and list of witnesses by advertising once in one of the print media widely circulated in Zambia.”