BUSINESSMAN Francisco Kitenge has sued the Zambian Bulletin admin Elijah Kalumba demanding K5 million for vilification when he labeled him a gold scammer on his Facebook page.
Kitenge wants the Lusaka High Court to order Kalumba to clean his image by rendering an apology on his Facebook page on other facebook pages aswel as print media.
In his statement of claim of claim, the businessman said on August 28, 2024, Kalumba published an online article on his business page
‘Zambia Bulletin’ https://www.facebook.com/share/p/eEeuuf87TBQRJEpR/?mibextid=WC7FNe. published a defamatory article against him alleging that ;
“…while Cisco’s name has become synonymous with gold scams, it is his relative Aliko Kitenge who is now making headlines…gold bars? More like fools’ gold, thanks to Cisco and his syndicate. Cisco, the self-styled “Drip Master has built a small empire on deception with his relative Aliko Kitenge playing a key role in their elaborate gold scam. The Kitenge family’s operation is as slick as it is fraudulent: they convince international investors that they own gold mines in Lubumbashi, DRC, and need help covering export fees. In return, investors are promised discounted gold bars. The gold bars are actually worthless chunks of brass…the Kitenge syndicate has managed to milk over USD132,000.00 from their victims before the authorities stepped in.”
Kitenge contended that the words published in the article referred to him because, Kalumba mentioned his name and also attached his photo to the article.
“In their natural and ordinary meaning the said words were meant and understood to mean that the plaintiff is a fraudster,” he said.
Kitenge complained that the words imply that he has built himself a small empire on deceit, he defrauds people and international investors and that he is a criminal who defrauded people out off USD$132, 000.00.
He said the words also imply that he operates a syndicate of fraudsters.
Kitenge said Kalumba’s Facebook page ‘the Zambian Bulletin’ has a following of 382,000 people and it can be accessed by anyone and the entire world as there are no restrictions to none followers of the page.
He stated that the page has world-wide circulation.
“Not only was the article published on the defendant’s page but it was also republished on other pages on Facebook with huge following and the Plaintiff will produce evidence at trial of the republication of the said article,” Kitenge said.
Kitenge said article published by Kalumba is false as he has never been convicted of any case by a Court in Zambia or any other jurisdiction for defrauding people out of USD$132,000.
He said his reputation has been injured by the said article because, currently the general public perceives him as a fraudster, and as such his image and character has been damaged.
Kitenge said that business associates have shunned and detached themselves from him due to the false and reckless statements contained in the article which has resulted in loss of business, shame and embarrassment.
He contended that as a result of Kalumba’s statement he has suffered loss and damage.
Kitenge wants the Court to declare that Kalumba’s article published on August 28, 2024 on Zambian Bulletin Facebook page, consists of false statements calculated at damaging the Plaintiff’s reputation and character.
He is seeking a declaration that Kalumba’s remarks amount to defamation of character.
The businessman wants an order for payment of K5,000,000.00 as damages for defamation.
He also wants an order compelling Kalumba to retract and delete the publication from his page and any other page where the article was shared and republished.
Kitenge is further seeking damages for embarrassment, anguish and stress.
By Mwaka Ndawa
Kalemba September 12, 2024.
