THE Matero Local Court has handed down a strong warning against an ungrateful Lusaka man who sought legal action against his destiny helper for allegedly failing to pay K5,000 chilimba.
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The plaintiff, Kelvin Malunga, a 24-year-old truck lorry boy from George Compound sued Austin Mwiinga, a 34-year-old truck driver from Zingalume.
It is believed that Malunga reportedly approached Mwiinga and requested employment as a lorry boy and in a show of goodwill, Mwiinga hired him for the role and further supported him by recommending him for employment at the company he worked for.
Mwiinga also used his influence to convince the relevant parties to hire Malunga and put him on payroll.
In addition to this assistance, Mwiinga also purportedly provided financial support, sharing a portion of his own salary with Malunga.
Malunga testified in court that after several months of joining Mwiinga’s company, he and Mwiinga, along with three other colleagues, initiated a group savings arrangement known as “chilimba,” which commenced in September last year.
Malunga disclosed that he was supposed to receive the share of the savings in January, but Mwiinga allegedly failed to pay him, claiming that he would do so at a later date.
Frustrated by Mwiinga’s alleged non-payment, Malunga took the matter to the company which prompted Mwiinga to promise to pay him once he received his salary.
However, Mwiinga apparently became increasingly hostile whenever Malunga would remind him about the outstanding payment and resorted into blacklisting him.
He added that the initial amount owed by Mwiinga was in fact only K500 but he had increased the figure to K5,000 based on interest incurred over the period of time Mwiinga had delayed payment.
“I added the interest charges because I operate a loan business, where such a practice is common,” Malunga revealed.
In his defense, Mwiinga attributed his failure to make the payment to external circumstances beyond his control, explaining that when the time came to pay Malunga, the company had not yet paid their salaries.
“He called me demanding his money and accusing me of refusing to pay him but I told him that I was busy on the road and would call him back when I could, but he kept calling and insulting me. I was left with no choice but to block him to prevent further abuse,” Mwiinga disclosed.
Mwiinga recounted his thought process in deciding against paying Malunga, explaining that he felt disrespected by Malunga’s aggressive approach and felt his actions did not reflect the close, brotherly relationship they had enjoyed in the past.
“I was surprised that he could insult me when I was the one who recommended him for a job in the first place. I never refused to pay him the money, but the way he acted made me change my mind,” he added.
In his ruling, Senior Magistrate Lewis Mumba criticised Malunga for increasing the amount owed by Mwiinga without any legal basis.
“You cannot simply increase the amount you claim to be owed without proper documentation or authorisation. Running an unlicensed loan business in the community is akin to theft in broad daylight because the law does not recognize such activities,” magistrate Mumba asserted.
“In a subordinate court, I could have detained you for false pretense because adding interest to an outstanding debt without any documentation is illegal. You cannot simply claim entitlement to do so without any legal backing.”
While weighing his judgement, Magistrate Mumba also offered Malunga a piece of wisdom to reflect on.
“This man provided you with an opportunity when you were in need, when no one else would and now, with the success he helped you achieve, you have lost sight of where you came from and started insulting him. You must understand that every person has a stepping stone in life and for you, Mwiinga was that stone.”
“Mwiinga will pay you the amount he originally owed you which is K500. There is no need for you to receive an extra K5,000. This case is dismissed,” ruled the court.
By Sharon Zulu
Kalemba May 21, 2025
