Court asks Uladi to change lawyer

The High Court has asked Minister of Home Affairs and Internal Security Uladi Mussa to find another lawyer replacing Paul Maulidi, who the court has observed is always busy, to speed up the defamation case against him.

Matapa Kacheche, assistant registrar of the High Court and Supreme Court of Appeal in Blantyre, gave the advice after noting that the case between Mussa and United Democratic Front (UDF) president Atupele Muluzi keeps on being adjourned due to Maulidi’s absence.

Atupele sued Mussa for allegedly uttering unfair remarks against him on Zodiak Broadcasting Station (ZBS) through a programme called Tiuzeni Zoona aired on April 14 2013.

The two parties agreed to mediation, but each time a date was fixed, the Mussa camp was not available. This prompted Atupele’s side to bring the matter to court.

The court set August 27 2013 for hearing, but Mussa’s lawyer, Maulidi, did not turn up.

Instead, another lawyer, David Nyasulu, told the court that Maulidi told him that he was unable to attend the court because he was at a presidential function. Nyasulu argued that justice could only be seen to function if the other party was present.

But lawyer representing Atupele, Jai Banda, complained to the court that Maulidi has not been turning up even during mediation. He said this was the reason the case was taken back to court.

Kacheche agreed with Banda that frequent adjournments delay justice delivery. He suggested that Mussa should find another lawyer if Maulidi is busy.

The case has been adjourned to a date yet to be fixed.

According to an affidavit filed by Banda, the case was agreed for mediation but has been adjourned more than once.

The first mediation was supposed to take place on July 16 2013 but failed. It was then shifted to July 26 2013 but again failed to take place.

Atupele is claiming damages for defamation, exemplary damages, aggravated damages and cost of action. The court will determine the amount.