A WITNESS has told the Ndola Magistrates’ Court that some of his clients cancelled their contracts after seeing Chellah Tukuka’s Facebook posts that he would burn trucks belonging to Khalif Motors Zambia Limited.
This is in a matter where Chellah, 34, is charged with publishing defamatory matter, threatening violence and showing hatred towards someone because of their place of origin.
In count one, Chellah is is charged with publishing defamatory matter concerning Khalif Abudulah.
It is alleged that on May 26, Chellah did published defamatory matter concerning Khalif on Facebook in which he said “Khalif your time to leave Zambia has come you chi criminal”.
In count two, he is charged with publishing defamatory matter concerning Khalif.
It is alleged that on June 9, Chellah did publish defamatory matter concerning Khalif Abudulah in form of a Facebook post in which he said “Khalif and Langiwe Lungu director at ERB stop arm twisting the Government over fuel, you are the reason fuel is still expensive when it suppose to be cheap. Thieves!”
In count three, he is charged with threatening violence.
It is alleged that on 12 June, Chellah threatened violence to the property of Khalif Motors Zambia Limited in which he said “Khalif if you don’t leave Zambia we shall burn your trucks”.
In count four, Chellah is charged with expressing or showing hatred for persons beacause of place of origin.
It is alleged that on 26 May this year, Chellah published in writing on his Facebook page expressing or showing hatred, ridicule and contempt for Khalif because of his place of origin.
When the matter came up on Tuesday for plea in count four, Chellah pleaded not guilty.
The count then proceeded with trial in count four only.
Abudulah Khalif, 68, the director and Chairman of Khalif Motors Zambia Limited said he was shocked to see the posts on Chellah’s Facebook page.
Khalif, who has been a Zambian national of Somalian origin for 15 years, said he saw the postings on Facebook.
“He was insulting the company and me (Khalif) that he will burn all my cars, that I am a criminal and I was very upset because it was a big shock. The words were very bad. He said he hated the Somalians. How can a Somalian do such business. He said Khalif controls the fuel prices in the country. I was shocked by this, because I am not in government,” Khalif told the court.
“For 15 years now, I am a Zambian and have an NRC. Everyone watched that and lost my business and some clients even cancelled the contracts. Some of my driver’s have even stopped work because they fear the trucks will be burnt. I cannot even move around because I am scared. I feel bad.”
But in cross examination, defence lawyer Chimuka Maggubbwi asked Khalif to name the clients that cancelled their contracts.
“Witness can you tell this court the names of the companies that cancelled contracts with your company? And you have been a Zambian citizen for 15 years now. How can you be deported? Tell this court if you were a Zambian national by the time the alleged post was made on Facebook,” asked Maggubbwi.
Khalif, however, did not name any company that had cancelled contracts.
Senior Resident Magistrate Peggy Banda adjourned the matter to October 6, 2020 after Maggubbwi asked for an adjournment as he was to appear at the High Court.