Ex-employee sues Betternow for defamation

GRACE CHAILE-LESOETSA writes@sunzambianFORMER head of Credit at Betternow Finance Company ( BFC) has sued his former employer for defamation of character for accusing him of forgery, uttering a document and theft .Mr James Kashiba, a Credit Risk Management expert was accused of forging the signature of the company Chief Executive Officer Mr Noel Nkhoma.He was also accused of forging the fuel vouchers and uttering them to Makishi service station and stealing fuel.Mr Kashiba was arrested and prosecuted on 31 counts of forgery, uttering a document and theft.He now wants the Lusaka High Court to order Betternow Finance Company to award him damages for defamation of character for unjustifiably accusing him before the police of forging, uttering false documents, theft of fuel and thereby causing him to be prosecuted on the same unjustified accusations which the company failed to prove before court as having been properly ascribed to the plaintiff bringing him into hatred, contempt or ridicule and causing him to be shunned or avoided in his profession and among right thinking members of society.Mr Kashiba wants the Court to award him special damages for mental torture and anguish being undergone by him as a result of the defamation of his character arising from the arrest, charge and prosecution on unjustified and unproven accusations of BetterNow Finance Company and costs.He stated in a statement of claim that that Betternow Finance Company terminated his employment in a letter dated September 28, 2018 signed by Mr Nkhoma.He said upon his services being terminated, he was asked to surrender all assets in his possession belonging to the company except for a laptop computer.The complaint said that he surrendered the laptop computer after the defendant wrote the letter on October 1, 2018 asking for it.Mr Kashiba stated that in January 2019, the Company, without any prior communication or asking him regarding the same, reported him to the police alleging that he had forged the signature of Mr Nkhoma on fuel vouchers, uttered the vouchers to Makishi service station and stole fuel.He stated that on January 12,2019, he was arrested and charged for forgery , uttering a document and theft .Mr Kashiba claims that he appeared before a magistrate court but Betternow Finance Company did not produce any evidence to prove its accusations.He said that there was no forensic evidence adduced to prove the alleged forgeries of the signature of Mr Nkhoma as reported to the police, and neither did the company prove to the court the basis of the accusations.Mr Kashiba said he was acquitted in October 2020.