LUSAKA RESIDENT SUES MTN, ZICTA FOR NEGLIGENCE

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By NATION REPORTER

A LUSAKA resident has sued MTN Zambia and Zambia Information Communication Technology Authority (ZICTA) seeking damages for negligence.

He contends that some mobile money fraudsters, with an unregistered number sent him a scam message after allegedly listening to his phone conversation.

Mr Zephrantheniah Mudenda is also seeking an order to direct ZICTA to suspend MTN’s mobile license until it deactivates all unregistered sim cards, among other claims.

In a statement of claim filed in the Lusaka High, Mr Mudenda claimed that on January 28, this year, he received a message on his registered mobile number from 0961197368, directing him to send money to 0973244240, under the name ‘Webby Siwelwa’.

Mr Mudenda stated that the previous day on January 27, prior to receiving the message in question, he had a conversation with his sister who was requesting for some money from him, to be sent into her MTN mobile money account.

He said after receiving the message, he called her to confirm if she sent the message but she refused.

Mr Mudenda said upon getting a negative response from his sister, he decided to call the MTN call centre around 06:55 and managed to speak to an agent who identified herself as Emma.

He said Emma informed him that the number was not registered.

Mr Mudenda said he inquired how the unregistered number was able to send the message to his registered number, but the MTN agent became rude and unhelpful.

He stated Emma rudely cut the line when he tried to inquire from the MTN Head Office so that he could follow up the matter.

Mr Mudenda stated that he feared for his life and wondered how the unregistered number would listen in to his conversation regarding money transfer and able to contact him via a message.

He decided to report the matter to Chilenje Police on January 28 and also lodged a complaint to ZICTA.

“Both defendants (ZICTA and MTN) negligently and for unknown reason to the plaintiff, don’t want to solve the matter amicably but through litigation. As a result, the plaintiff has been inconvenienced by the actions of both defendants and has suffered mental anguish,” read the statement of claim.

Mr Mudenda is now seeking an order to force ZICTA to suspend MTN’s mobile licence until it deactivates all unregistered sim cards.

He is also claiming compensation from MTN for endangering his safety, and damages for allowing a third party to invade his privacy

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