THE Patriotic Front has disowned the K13.5 million debt that Kalandanya Music Promotions is claiming from it, saying the party never engaged the music promoter for the purposes of producing, promoting or developing any campaign song.
PF has submitted to the Lusaka High Court that if at all any such song was ever produced by Kalandanya, it was at the gratuitous and self-imposed intention of KMP.
The former ruling party laments that Kalandanya is attempting to force it into contractual obligations that are not foreseeable because of the fact that it had lost elections.
This is a matter in which Kalandanya Music Promotions (KMP) proprietor Bwalya Kalandanya has sued PF acting secretary general Nickson Chilangwa for failure to pay fees for music services rendered to the party during last year’s general election campaigns.
Kalandanya is demanding K13.5 million from PF, with interest.
In a statement of claim, Kalandanya stated that on June 12, 2021, the parties entered into a written agreement for the provision of music production services and facilities not limited to recording, studio hiring, mastering, marketing, promoting and remixing of campaign songs.
He said the PF had not paid anything towards the agreement sum which remained outstanding to date.
But in its defence, PF through its lawyer Tutwa Ngulube argued that the party never agreed to any transactions with KMP, more so for an astonishing amount of K13.5 million.
“The defendant (PF) shall aver that the defendant had not engaged the plaintiff for the purpose of production, promotion or development of any campaign song and if any such song was ever produced it was at the gratuitous and self-imposed intention of the plaintiff. The party National Chairman has no capacity, right, authority whatsoever to engage in or enter into any contract or transaction on behalf of the party, as that authority rests on the Secretary General with the assent of the Party Central Committee, further the alleged contract is invalid,” the claim read.
“The political party never agreed to any transactions with the plaintiff more so for an astonishing amount of K13,500,000. The claim is alien to the defendant and the plaintiff shall be put to strict proof of the same. Various institutions submitted campaign songs for the political party herein for the campaign period for the purpose and intention to show support and motivation towards the party.”
PF argued that all artists that performed at rallies, campaigns and roadshows did so in support of the party and were never engaged for monetary purposes.
“The songs referred to in the Statement of Claim were recorded at the instance of the plaintiff and not the defendant, the defendant did not request or engage in the production of the said campaign songs as the same was done by the plaintiff at his own volition. All artists that performed at all rallies, campaigns and roadshows, did the same in support of the political party and were never engaged for a monetary purpose and the plaintiff shall be put to strict proof of the same. The defendant shall aver that it has not failed to honour the contract and or implied term as the same was never agreed to by the parties herein,” read the claim.
“The defendant does not owe the plaintiff any such amount and the plaintiff shall be put to strict proof. The plaintiff is attempting to force the Political Party into contractual obligations that are not foreseeable because of the fact that the defendant had lost the elections. Save as expressly admitted, the defendant denies each and every claim in the Statement of Claim as if the same has been traversed seriatim.”