Sun Pharmaceuticals Limited cleared twice in investigations into the same matter by the ACC
FORMER Anti-Corruption Commission (ACC) Shamakamba has defended the Commission’s decisions regarding the release of a passport and payments in the ongoing dispute over the ownership of Sun Pharmaceuticals. In a sworn affidavit filed in the Ndola High Court, Mr Shamakamba addressed claims made by Patson Chilemba/Dai-ly Revelation and Dr. O’Brian Kaaba in a defamation case.
Mr Shamakamba stated that the ACC acted lawfully when it concluded its investigations into the ownership of Sun Pharmaceuticals and subsequently released the passport of Mr Vinod Sadhu.
He also emphasised that the decision was based on the fact that the investigations had been completed, with no evidence of wrongdoing.
“Upon receipt of the request (from Vinod Sadhu’s lawyers), it was forwarded to the Legal and Investigations departments,” Mr Shamakamba stated. “The dealing officers considered the request, and recommendations to release the passport were made by the officers. Upon recommendations, I approved the release of the passports.”
Mr Shamakamba dismissed claims that the passports had been withheld due to ongoing investigations, stating that both the Zambia Police and the ACC had no active cases against the Sadhus.
He explained that the matter had been thoroughly investi-gated, both before and during his tenure at the ACC, and each time it was closed due to a lack of evidence.
“The issue of Vinod Sadhu had been investigated twice. The first time was before I took over as Director General, and it was closed for lack of evidence. The second time, during my tenure, it was again closed,” he added.
Mr Shamakamba also addressed the payments made by the state to the Sadhus, which were part of a court judgement.
He reiterated that there was no reason to block these payments, particularly as they had been made in accordance with a consent order and were not challenged by the Kalenga family, who had filed the original complaint regarding the ownership dispute.
“There was no request from the police to secure the passport for the suspect at the time of the action,” Mr Shamakamba explained. “The case had been closed twice based on the lack of evidence”. The decision to proceed with the payment was made by the Attorney General’s office, and I followed due process.”
Mr Shamakamba also emphasised that the Kalenga family, despite making numerous allegations, had failed to provide any substantial evidence to back up their claims.
He revealed that Mr. Kalenga had failed to present the promised evidence after being repeatedly invited to the ACC to provide documentation.
“The complainant refused to appear before the ACC investigators and bring documentation or proof,” Mr Shamakamba said. “At the time of reopening the case, a number of payments had already been made, and the consent order had not been challenged.”
He also refuted claims that the ACC had engaged in joint investigations with the Zambia Police Service (ZPS) regarding the Sun Pharmaceuticals matter, stating that the ACC had conducted its own independent investigations, which had consistently found no evidence of any criminal activity.
“In fact at the time of the second investigation Anti-Corruption Commission (ACC) through the plaintiff’s office requested for a docket over the same issue from the police and no evidence was found on the police docket. A perusal of the police docket clearly showed that there was no evidence of any illegality. As such the plaintif’s conduct was compatible with the proper exercise of authority. The decision to close the case for the second time was done on recommendations from the dealing officers”
“The case had been closed before I reopened it,” Mr Shamakamba stated. “There was no joint investigation between the ACC and ZPS. The ACC concluded its investigations independently, and there was no evidence to suggest any illegality.”
In response to allegations related to the release of funds owed to Sun Pharmaceuticals Ltd, Mr Shamakamba emphasised that this was part of Court orders, and the ACC had no basis to interfere with the payments.
“The allegations reported to the ACC by the Kalenga family are issues that had already been resolved by the courts,” he stated. “The payments were made following court orders, and there was no justification from bocking them”
By correspondent Pranab Rajan
Providing false information to the law enforcement agencies is a crime: the Anti Corruption Act includes provisions to prosecute complainants acting on pre mediated and malicious intent to abuse the state machinery.
This will certainly lead to extra costs and compensation for the company. It’s important for officials to always be professional in their work and avoid unnecessary expenses on the public purse!
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1. Only the Court has the authority to halt the execution of its judgment. If this power were to lie with the Police, ACC, or DEC, it could lead to chaos in the country. This principle is known as the separation of powers. Therefore, former Director General Thom Shamakamba is absolutely correct; the ACC cannot stop payments arising from a Court Order.
2. If the matter had already been investigated and closed, only the discovery of fresh evidence would ordinarily merit the enquiry file being reopened. However, Mr Shamakamba says ACC reopened it a second time without being presented with the evidence, which is unusual. Was ACC under political pressure to pursue the case?
3. Multiple agencies investigating the same case are a duplicitous waste of resources; typically, one agency takes the lead and shares its findings with sister agencies.
4. The principle of natural justice demands that an enquiry conclude one way or another: investigations can not be indefinite, or they might devolve into crude tools of coercion and manipulation.
#Billy smith
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I find it suspicious that the lawyer Bernard Kang’ombe is representing Daily Revelation in the defamation suit initiated by former ACC Director General Shamakamba. Kang’ombe, together with Lewis Mosho and Keith Mweemba, is deeply implicated in the secret appointment of the Administrator General of Zambia as the Business Rescue Administrator for Sun Pharmaceuticals. This operation clearly involves multiple elements within the government working to redirect payments from the company to the Kalenga cartel. It is increasingly evident that they needed the ACC to block these payments until they could secure ex parte court orders to seize the funds. It’s reasonable to ponder if Shamakamba was removed precisely for refusing to partake in this unlawful scheme.
@ DORIS—”Prefixed” cases are not uncommon, especially during periods of government change. Personnel turnover can create opportunities for manipulating cases to achieve specific outcomes. While this manipulation doesn’t always succeed, abusing the investigative or court process by vested interests is a recurring feature in Zambia.
#doris, the question is, why don’t the Kalengas focus their energy on creating their own success instead of undermining the hard work of others? Government agencies are not funded by the public to serve as a personal mercenary force for anyone.
The Director General likely thought he was being extra diligent by revisiting a settled issue, however, he now faces criticism for failing to deliver the outcomes the complainants expected. O’Brian Kaaba and Patson Chilemba should not escape unscathed after defaming an entire agency that was simply following the law.
shamakamba has demanded USD 500 MILLION in the defamation!! Hahaha well that’s a ridiculous demand but Kaaba has accused him of “eating with marshal muchende” so let Dr Kaaba prove that now in court. surely he is going to have to pay something in compensation.
@ John – The entire situation is utterly shameful! It became apparent Musa Mwenya did not share the same cozy rapport with Tom Shamakamba that he had with his predecessor, Gilbert Phiri. It was his duty to either resign or strive to act in the national interest. Instead, he ended up being fired, embittered, and now he’s on the hunt for people to blame.
@Isaac X- You’re right to highlight this issue. The involvement of certain lawyers in the raids on Sun Pharmaceuticals raises serious concerns about political interference, reminiscent of troubling episodes from our past. A notable example is the closure of the Post Newspapers, where the previous PF government manoeuvred behind the scenes, enlisting Lewis Nathan Advocates to carry out their agenda. Similarly, Keith Meemba Advocates has been strategically positioned by factions within the UPND as a tool to achieve similar objectives from the fringes of their administration. Unscrupulous law firms have thus become crucial players in navigating the complex objectives of white-collar crime, facilitating the illicit transfer of money and providing cutouts to politicians holding public office.
The Law Association of Zambia made similar observations when dismissing Kalenga’s complaints. They made salacious allegations with no proof, and we now know that their claims lack credibility.
The defense strategy employed by Dr. Kaaba would likely be dismissed in numerous Common Law jurisdictions, as the defendants appear to be contesting a ruling made by the Anti Corruption Commission through defamation proceedings, which is generally regarded as improper. The appropriate legal recourse to challenge such a decision in court would typically involve filing a Judicial Review application with the High Court.
Moreover, Dr. Kaaba’s new benefactors, the Kalengas, appear to be resorting to forum shopping, having already lost their claims in various courts. Given Dr. Kaaba’s background as a professor of law, it would be expected that he possesses an understanding of these legal intricacies.
It’s absolutely ironic that Dr. O’Brian Kaaba, who once portrayed himself as a whistleblower exposing the “sickening corruption” at State Chambers, is now defending Solicitor General Marshal Muchende in these proceedings. Muchende is at the center of the Kalengas’ attempts to unlawfully divert payments owed to Sun Pharma through dubious court processes, with State Chambers’ complicity. For the general public, witnessing this blatant hypocrisy of O’Brian Kaaba is nothing short of disheartening.
The ongoing court proceedings are part of the proxy battle initiated by State Counsel Musa Mwenya against President Hichilema during his tenure as the anti corruption board chairperson. Dr. Kaaba is acting as SC Mwenya’s proxy and has published the controversial articles written by Musa Mwenya but attributed to himself. The true intentions of this duo are questionable and have destabilised the system from within.
TFM Ltd boss Mcebisi Nlozi cited a named Minister asking for a kick back before awarding him a $100m to construct prefab hospitals in the Zambezi region. Another high profile case that took deliberate twists and turns and smelled a wet rat, but the cat missed a catch in 2022. Kaaba was appointed commissioner in March, while these accusations occured in May same year. Could the same people have engineered her case to deduce malice?
My Zambia, that’s quire an interesting deduction and suggests there is a pattern of calculated malice driving certain cases, rather than the interests of justice! Who will watch the watchers?!
I found this report to be quite enlightening. After perusing the court judgments available online that dismissed the Kalengas complaints, I was struck by the Court of Appeal’s observation that the Kalengas deliberately waited for payments to the company before filing their claims, in a calculated plan on their part. Three decades after their father passed away! What was ACC supposed to do for them after all that? It’s better to be professional and not have to look over your shoulder.
#sandy – Absolutely agree on the need for professionalism! Just take a look at the chaotic situation with Mubita Nawa at Interpol! The Attorney General has had no choice but to confirm the shocking claims made by the sadhus—that they were indeed taken to a secret location in Kalundu. Remarkably, the ACC seems to have emerged from this mess relatively unscathed, while the police, under Jack Mwiimbu, are left looking tarnished **** Shamakamba may have received a blessing in disguise to leave this sinking ship.
@ Sandy, the Kalenga family is embroiled in chaos, with members fiercely competing for the scraps of their late father’s estate. The disputed sale of their late father’s building on Cairo Road is a good example. Their only unifying factor is their relentless pursuit of grabbing another family’s assets. This has led them to resort to unethical tactics, including collusion with corrupt officials, all driven by their greed.
A professor with half a brain is dangerous because we are so desperate to believe that intellectuals have all the answers to our problems!! They should stick to their books and lecture rooms. Please, no more pretentious academics in public offices 🙂