Kaliati won’t pay K60m to Kasambara, faces bankruptcy

Malawi’s outspoken and foul-mouthed Minister of Information and Government Spokesperson Patricia Kaliati will not be paying K60 million as demanded by caged presidential critic Ralph Kasambara for defaming because she denies the accusations and that she is also facing bankruptcy proceedings after failing to settle a K300, 000 debt.

Kasambara’s lawyer, Wapona Kita, has written Kaliati to pay the sum of K60 million as damages  for defaming the the former Attorney General or risk being sued for defamation.

Kaliati is on record alleging that rights activist, lawyer and politician Kasambara attempted to sexually abuse the regime thugs ambushed by his security detail whem they wanted to fire-bom his offices in Blantyre.

Kaliati: I can't pay, over my dead body!

The government spokeswoman said “I cannot be sued. If they want money, they are brke they should just say so but I am not paying any penney, over my dead body.”

Kaliati, nonetheless, is said to be financially crippled or has made herself look that way.

According to court documents in a commercial case number 66 of 2011, Kaliati is failing to settle the K300, 000 from the initial K1.2 million debt she owed businessman Clement Fidel Sapuwa.

The Minister issued several cheques to settle the debt and the last cheque of K300, 000 was referred to drawer.

Lawyer representing Sapuwa, Meyer Chisanga wants to fill g bankruptcy proceedings against the minister after exhausting all ways to get the money from her.

Chisanga said he tired “garnishee all the banks”  but it yielded nothing.

Kaliati is said to have instructed Sapuwa to supply her with different stationery items worth K1.2 million. The minister is said to have paid the other money through cheques until the last one worth K300, 000 ‘bounced’.

Sapuwa managed to get a judgement against Kaliati on October 6, 2011 through High Court Commercial Division Judge Justice Dr Michael Mtambo. Kaliati never defended the matter, according to the court documents.

Most of the banks  which received te garnishee order said the minister either had overdrawn accounts or did not have any accounts at all with the banks.

National Bank of Malawi Legal Practitioner Zunzo Mitole confirmed through her affidavit that Kaliati holds two separate accounts with their Capital City Service Centre but were overdrawn.

“At the time of service of the Garnishee, both accounts had debit balances of K569, 760.20 and K3, 147, 018.64. In the circumstances, the Garnishee cannot pay out the sum of the Garnishee Order Nisi,” said Mitole.

FDH Company Secretary and Legal Counsel George Naphambo also said Kaliati’s account at the bank did not have any funds to honour the Garnishee order.

“I can state from knowledge gained in my official capacity that the Garnishee maintains the Judgement debtor’s account which does not have any funds. The Garnishee is therefore unable to honour the Garnishee Order Nisi herein,” said Naphambo in his affidavit in opposition to the Garnishee order.

Indebank’s Legal Counsel Luke Kataika also said in his affidavit that the bank does not hold any account for Kaliati or her company 3C’s Investments and therefore could not honour the Garnishee Order Nisi.

Malawi Savings Bank (MSB) Company secretary Haston Chamba also said in his affidavit that the minister does not hold any account at the bank.

This was also true of NBS Bank where Kaliati does not have an account, according to its legal counsel Wilson Mphande.—(Additional reporting Malawi Gazette)

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