A tax-paying Zambian citizen is seeking the repossession of former president Frederick Chiluba’s Institute for Democratic and Industrial Relations Studies on behalf and for the benefit of the people of Zambia.

In documents filed in the High Court yesterday, University of Zambia law student Leemans Nyirenda has sued Frederick Jacob Titus Chiluba Foundation and its director Louis Chitolo, the National Housing Authority (NHA), former Presidential Housing Initiative (PHI) chairman Richard Sakala and the Attorney General over the unlawful and illegal channelling of funds to the project.

Nyirenda wants an injunction restraining the Foundation, Sakala and Chitolo whether by themselves, their agents or servants or howsoever otherwise from proceeding with the construction of the institute pending determination of the matter.

In his affidavit in support of an ex-parte summons for an interim injunction, Nyirenda stated that his payment of tax to the treasury of the Republic of Zambia and pursuant to the government’s obligation to provide social services to all its citizens made him an interested party and a stakeholder in the treasury.

He states that on January 5, 2000 the Attorney General granted lease title to the property to the Frederick Jacob Titus Chiluba Foundation, known as the Institute for Democratic and Industrial Relations Studies, for 99 years.

The company was incorporated and registered with directors being Sakala and Chitolo in the same month to be joined by information and broadcasting minister Newstead Zimba, former home affairs minister Peter Machungwa and Andreas Katallides of 22 Belsize Avenue, London, United Kingdom.

The certificate of incorporation state principal activities as the promotion of democratic and industrial relations studies, international peace promotion with other activities being to “provide researchers a better understanding of president Frederick Jacob Titus Chiluba’s vision for Zambia”.

Nyirenda contends that between December 1999 and June 2001 the Foundation and NHA made payments totalling K51,062,496 with a K38,700,000 payment at the request of Sakala for “Betacam Tapes for the Presidential assignment” in April last year.

He maintains that the channelling of these funds were “not only unlawful and illegal, but are inhuman and malicious” as the Attorney General failed to provide him and the majority of Zambians with affordable basic needs. He said this has “resulted in Zambians dying from hunger, disease and poverty and in the growth to uncontrollable levels of street kids and street adults due to massive unemployment”.

Nyirenda added that he has been a victim and has “also failed to pay educational fees at the University of Zambia for the purpose of continuing with his education during the semester which began on June 24, 2002”. He contends that the Attorney General failed or neglected to repossess the property when it was clear that public funds had been used to build the property, nor has the Attorney General stopped construction of the said property.

Nyirenda wants a declaration that the receipt and use or continued use of public funds in the sum of K517, 062, 496 by the PHI, an organisation which operated as a unit of NHA, for the Foundation which is a private company is unlawful and illegal.

He also wants an order that the Attorney General under the Lands Acquisition Act repossess the Foundation property number LUS/22768, certificate of title number L11.

Liseli Kayumba, The Post (Lusaka), July 16, 2002