FAZ president Andrew Kamanga has threatened to take legal action against retired Football administrator Simataa Simataa over numerous statements that the latter made regarding the CAF executive member candidate.
The move comes after Simataa recently stated that Kamanga tried to bribe him into working for the association in exchange for the uplifting of his ban from all soccer related activities.
Kamanga has however, engaged the services of Mosha and Company legal practitioners and demanded that Simataa signs an affidavit to cease and desist uttering further any alleged defamatory remarks failure to which he would litigate.
“We have been retained by Mr Andrew Kamanga with attendant instructions on the captioned matter kindly note our interest; You are hereby notified to cease and desist any and all further unlawful defamation, slander and/or libel with regards to your actions and/statements relating to; 1. Your accusations and malicious statement that Mr Kamanga tried to bribe you as carried and published at pages 1 of 11 of the Goal Diggers newspaper on Tuesday 11 June 2019. 2. Your malicious posting on the WhatsApp group ‘Bola Zambia’ alleging that a formal complaint under the FIFA code of ethics was lodged against Mr Kamanga for breach of; (a) sections 29: conflict of interest lending to FAZ $38,000.00 and receiving it back without supporting authority and accountability. (b) sections 25: Abuse of position, nominating himself or CAF candidature without FAZ executive committee decision. (c) section 28: Misappropriation of funds, Sometime in 2016 he paid bills for his friends on FAZ account,” read a notice.
Kamanga said the statements uttered were false and injurious to his reputation and that Simataa should retract them and apologise via the medium through which the remarks where issued.
“The accusations you have levied against Mr Kamanga as detailed above are false and injurious to Mr Kamanga’s personal and professional character and reputation. Additionally, the said accusations constitute crimes under the Anti-Corruption Act No 3 of 2012, and the Penal Code, Chapter 87 of the laws of Zambia. Your statement and action indicate clear malice against Mr Kamanga. It is on this premise that you are hereby demanded: 1. To immediately cease and desist the illegal defamation, slander and/or libel against Mr Kamanga. 2. To within 7 days hereof, return the signed written assurance below affirming that you will refrain from any further acts of defamations, slander and/or libel with regards to Mr Kamanga’s character and/or reputation and; 3. To within 7 days hereof, retract the slanderous statements made and published as detailed above through the same medium they were published.”
“In accordance with the above request and stipulation, I Simaata Simaata hereby do agree to immediately cease and desist the defamation of character and/or reputation of Andrew Kamanga. In return, Mr Kamanga would release me from all acts of defamation, slander and/or libel relating to the incidents herein. However, should I act or behave in such a manner, that would result in a breach of this agreement, Mr Andrew Kamanga will be at liberty to commence legal proceeding in the courts of law against me and to pursue all available legal remedies that he may have been entitled to had this assurance never been signed,” read the document.
But Simataa through his legal team, Nicholas Chanda and Associates, has instead dared Kamanga to litigate saying he has facts to support and substantiate his claims.
“First and foremost, your notice of purported cessation and for desisting to utter any purported slanderous and/or perceived defamatory remarks is without any legal basis as we believe such mandate only lies with competent courts of jurisdiction and not yourselves. Your client is holding a public office and therefore, cannot run away from the fact that he is amenable to public criticism. You allege that our client falsely and maliciously issued a statement to the Goal Diggers newspaper of Tuesday 11th June 2019 to the effect that your client attempted to bribe you by offering him a job. The position of our client is that there is no institution that would follow an individual to his or her sitting room and offer him a job unless there are sinister motives.”
“Your client has never denied having followed our client at his home and offered him a job which he declined. You further allege that our client posted on the WhatsApp’s group known as ‘Bola Zambia’ to the effect that somebody has lodged a complaint to FIFA under the FIFA code of Ethics against your client without supporting authority. We have instructions to inform you that our client is in possession of the hard copy of the said complaint and would substantiate this should you insist to litigate. In any event, we do not see how the said posting would amount to defamation and/or slander as the same is supported by fact. We, therefore, opine that our clients position herein is based on facts and does not carry any grain of falsehoods. Arising from the above, we have counselled our client not to sign your undertaking in your said letter but rather we would vividly defend him should you opt to litigate. Kindly advise your client on the consequences of holding public office.”