O’Brien Kaaba rips Government officials in his Court defense.
..As he reveals for the first time, Dr Lawrence Mwananyanda’s role in the removal of the Anti-Corruption Commission Director General, Thom Shamakamba
..Dr Kaaba has also confirmed he was in contact with European Diplomats, and it was they who provided him with information on specific ACC investigations
After reaching an out of Court settlement agreement with the Solicitor General, Marshal Muchede, over allegations of “sickening corruption in State Chambers” Dr. Kaaba defended himself in a defamation lawsuit filed by the former Director General of the Anti-Corruption Commission, Thom Trevor Shamakamba.
In his defence statement submitted to the Ndola High Court on June 23, 2025, in the case where Shamakamba has sued Patson Chilembi, Dr. O’Brien Kaaba, and the Daily Standard, Dr Kaaba disclosed that the Anti-Corruption Commission was investigating high-ranking government officials, including Solicitor General Marshal Muchede, then-Ministry of Information and Media Director Thabo Kawana, and Central Province Permanent Secretary Milner Mwanakampwe.
Kaaba also confirmed his close relationship with the former Director General, Gilbert Phiri (currently the Director of Public Prosecutions), and stated that he [Gilbert Phiri] often sought guidance on ongoing investigations.
“While Mr. Gibert Phiri was the ACC DG, he collaborated well with myself and other Commissioners by briefing Commissioners on all major investigations and seeking their strategic direction as Commissioners. As a result, the ACC made headway in investigating many cases of corruption involving senior government officials.”
“Those who were under investigations then included the Solicitor General Marshal Muchende SC; then ministry of information director Mr. Thabo Kawana; and the Permanent Secretary for Central province Mr. Milner Mwanakampwe.”
He disclosed that the Board informed President Hakainde Hichilema of the cases involving senior government officials.
“The ACC board chairperson briefed the President about the investigations on Mr. Marshall Muchende and Mr. Thabo Kawana.”
Concerning his contact and information received from certain foreign diplomats, O’Brien Kaaba had this to say to the Court :
“In April 2024, I was retained as governance expert to brief the visiting Germany President on the state of governance in Zambia and specifically on the state of the light against corruption. While attending the event, a diplomat pulled me aside and asked me why the ACC had given immunity to at least four officials al the Ministry of Finance who were involved in corruption. This was a shock to me as the Board of ACC I was part of had made it clear that it was opposed to the granting of immunity without criminal prosecution and admission of criminal liability. I asked the other Commissioners if they were aware of this. They were all not aware and not consulted. The Plaintiff when confronted in a subsequent meeting confirmed that he had indeed granted the immunity and that cases against those granted immunity were dropped. This includes Mr. Mukuli Chikuba, the then Permanent Secretary at Ministry of Finance. The Commissioners made it clear to the Plaintiff that this was not in public interest and amounted to rewarding corruption instead of fighting it.”
Kaaba has claimed credit for instigating the removal of the ACC Director General by State House and revealed his meeting with President Hichilema’s close aide and National Security Advisor, Dr Lawrence Mwananyanda:
“In July 2024, following the publication of my articles referred to above, I was invited by President Hichilema to State House to give an update on my concerns about the fight against corruption. I met Dr Lawrence Mwananyanda at State House whom I briefed on behalf of the President and he assured me that the President has had the same concerns about the Plaintiff and found his lack of seriousness appalling.”
“He indicated to me that the President had actually not received the letter the ACC Board wrote him over the Plaintiff and that he would act the following morning and force the Plaintiff to resign.”
“In following with the word from State house, the following morning after my State House briefing, State House announced the resignation of the Plaintiff.”
The revelation of this meeting at State House, and the alleged response from Dr Lawrence Mwananyanda to O’Brien Kaaba in the meeting, is particularly significant as State House has repeatedly claimed it does not control Law Enforcement Agencies.
Furthermore, the Anti-Corruption Commission Act (2012) allows the Government to remove a Director General only after the National Assembly passes a resolution calling for an investigation. The process involves a detailed tribunal system established under the Chief Justice, designed to protect the integrity and independence of the Director General’s office.
Anti-Corruption Commission Act 2012, Clause 10 stipulates the binding legal provisions on tenure of the Director General :
(3) If the National Assembly, by resolution supported by a simple majority, resolves that the question of removing the Director-General ought to be investigated, the Speaker of the National Assembly shall send a copy of such resolution to the Chief Justice who shall appoint a tribunal consisting of a chairperson and two other persons to inquire into the matter. ( 4) The Chairperson and one other member of the tribunal shall be persons who hold or have held high judicial office. (5) The tribunal shall inquire into the matter and send a report on the facts of that matter to the President and a copy to the National Assembly. (6) Where a tribunal appointed under subsection (3) advises the President that the Director-General ought to be removed from office for inability as aforesaid or for misconduct, the President shall remove the Director-General from office. (7) If the question of removing the Director-General from office has been referred to a tribunal under subsection (2), the President may suspend the Director-General from performing the functions of office, and any such suspension shall cease to have effect if the tribunal advises the President that the Director-General ought to be removed from office. (8) The Director-General may resign by giving three months’ notice, in writing, to the President, of the Director-General’s intention to resign.
The case continues to be heard by the Hon Justice Musonda at the Ndola High Court, under Cause Number 2024/HN/307.
Dr O’Brian Kaaba is a “certified flip flopper”! He’s with the ruling party one day and he’s against it another, signs that he’s just a pawn in an internal factional struggle over the spoils of office. Thus, he lacks credibility and the Judge is unlikely to take his utterances seriously.
You have a point. Is it permitted for any ACC board member to exchange information with foreign embassies? Was this cleared by the DG, or another wing of Government? Imagine if Scotland Yard or FBI discussed their internal investigations with our diplomats in DC or London without authorization!!
for me it was the out of court settlement agreement kabba signed with solicitor general marshal muchende, after getting the whole county up in arms over corruption at attorney general chambers. Sishuwa was very right that kabba needs to go into quiet academic retreat, we cannot trust a word he utters now.
Kabba has had the guts to claim no one has been arrested under the new cyber laws introduced by Jack Mwiimbu and signed by Hichlema! Who is willing to believe this man now l
It is understood that whatever Dr Kabba wrote against the government was actually authored by then board chairperson Musa Mwenya. This raises the question that if a man can be used once, then surely he can be used again, and who is using Kaaba now? President Hichlema probably made the right decision in appointing a retired Supreme Court Judge as Musa Mwenya’s replacement as ACC Board Chairman.
Pamela, you clearly do not know how the world operates.
It is shocking that a purported professor of law is using heresay as a defense in court. It’s essentially repeating information someone else said, rather than something the witness directly observed or knows to be true.
Good luck to Dr O’brian Kaaba but the Plaintiff’s case appears strengthened. The cross examination may turn into a feeding ground for former Director General Thom Shamakmaba to pick apart the claims being made against him.
– Mr Kabba and his group seem to have had their own agenda to push through ACC which didn’t happen after Gilbert Phiri left for the DPP’s position.
– Note that Obrian Kaaba has emphasized in his statement he was close to former Director General Gilbert Phiri and they collaborated.
– All his problems started after Gilbert Phiri left suggesting whatever was Kabba’s hidden agenda was cast aside.
– The role of the Presidential aide Lawrence at State House (if it’s a true statement) is a valuable disclosure than may have to be subject to independent investigations in future.
Sadly, this tardy affair just confirms what we all know about law enforcement in Zambia, and that it is highly unprofessional. Numerous ministers were under investigation. Even Thabo Kawana the Permanent Secretary for Information is mentioned as having been under ACC probe. The ruling party inevitably commits the most corruption in government, yet the same head of state and ruling party leader appoints the heads of law enforcement. Under the UPND, what stands out is the level of internal factions, which leaves the state machinery questioning which aide or minister truly represents the head of state’s wishes. The head of state is the law in our country and any suggestion otherwise is a contradiction of reality.
THE ACC ACT SAYS “ (8) The Director-General may resign by giving three months’ notice, in writing, to the President, of the Director-General’s intention to resign.” BUT THEN HOW DID LAWRENCE MWANANYANDA AT STATE HOUSE FORCE THOM SHAMAKAMBA TO RESIGN IN ONE DAY? WHAT DOES SHAMAKAMBA KNOW THAT THEY WANTED BURIED?
@chungu, interesting observation on the three months notice period for the Director Generals resignation. State Counsel John Sangwa is right in saying Zambia has a culture of lawlessness. Most of our problems come from not following the Constitution or the law as has been laid down.
@Chungu you have nailed the point right there. Why can’t our government just follow the ACC LAW passed by parliament !!!
@chungu an educated deduction to your question of why DG Shamakamba was forced out is the Solicitor General, Marshal Muchende. ACC was apparently on the verge of his arrest, Marshel threatened to spill the beans on UPND funding if that happened, forcing his patron Mr Hichlema come to his rescue and remove the ACC DG. obrian kaba’s role seems to be that of a useful *****, from whose shoulder shots were fired.
AQ , Solicitor General Marshall Muchende keeps coming up in questionable activities around this administration.
Why is it he feels entitled to behave in this way, unless :
a) he is in fact operating on the silent instructions of the President
b) he has compromising information on his colleagues which keeps him secure from censure and being dismissed.
It is news that Zambia has a National Security Advisor and his name is Dr Lawrence Mwananyanda. I thought he was special assistant project implementation. There so much happening citizens learn after the fact under this government.
Whatever his title may be it doesn’t sound like he handled this obrian kabba character right. Anyone else might have been fired by now…
@nighingale but Obrian KABBA was FIRED along with MUSA Mwenya and the rest of the anti corruption board. Mwenya wants to stand for president after all
Charity – Dr Lawrence Mwananyanda was an assistant professor of public health at Boston University in the United States for many years. there is no public information on his involvement in any national security related area. His appointment is not public knowledge nor was it known he had any charge of the Anti corruption commission. The ACC Act does not place control of the commission in any aide of the president or anyone else at state house.
The defamation case brought by Mr Shamakamba is turning out to be revealing on the chaotic inner workings of the anti-corruption commission.
I’m not sure it reflect well on the Comission to have the now former commissioner Dr Kaaba flinging accusations, like a tabloid reporter might, without solid evidence. “He said this to me”, “she said that to me”; it’s very immature and unprofessional. Clearly, Dr Kabba has confirmed, by his inexplicable conduct, he didn’t deserve the appointment to the board.
Lastly, the law doesn’t grant the ACC Board powers to control the office of the Director General ACC, and until that changes, the organization must adhere to its authorized structure under the Act of Parliament in order to function.