Ndola, Zambia – A legal proceeding between Lusaka-based lawyer Frank Gwaba and former Director General of the Anti-Corruption Commission (ACC), Thom Shamakamba, has brought allegations of high-level misconduct within Zambia’s justice system under judicial scrutiny. Court documents submitted to the Ndola High Court detail Mr. Gwaba’s claim that Mr. Shamakamba threatened him following social media posts alleging corruption by Solicitor General Marshal Muchende and declined to investigate the formal complaint.
According to Mr. Gwaba’s sworn affidavit, the sequence of events originated in November 2023 when he filed a complaint with the ACC against Mr. Muchende. The complaint was connected to Mr. Gwaba’s legal representation of Maba Medical Limited. He contended that Mr. Muchende, allegedly exploiting his access to government payment schedules, intervened to negotiate directly with the company, thereby circumventing Mr. Gwaba and depriving him of legal fees for services rendered. The outstanding amount is cited as approximately US$800,000.
The situation intensified when Mr. Gwaba publicized his allegations in a Facebook post titled, “HH, Please save us against Marshall Muchende’s corruption, it’s unbearable.” Mr. Gwaba alleges that this publication provoked a rebuke from Mr. Shamakamba, who demanded the post be removed and explicitly warned that the ACC would not pursue the complaint against Mr. Muchende. This alleged directive stood in contrast to earlier indications from the ACC head that the complaint was considered valid.
Following this exchange, Mr. Gwaba states that all communication from the ACC ceased, despite his attempts to seek updates. The matter took a further significant turn in early 2024 when the Law Association of Zambia (LAZ) notified Mr. Gwaba of a misconduct complaint filed against him by Mr. Muchende. The Solicitor General’s complaint argued that publicly labeling him corrupt constituted an insult to the President and damaged the standing of a State Counsel.
Mr. Gwaba expressed consternation at this development, stating he had disclosed the Facebook post to Mr. Shamakamba in confidence under the impression it was a settled matter. Instead, he found himself subject to professional disciplinary proceedings while his original corruption allegation appeared dormant.
The case extends beyond the immediate parties, raising fundamental questions about the operational independence of Zambia’s anti-corruption institutions. The allegations suggest the potential for political protectionism to impede investigations into high-ranking officials, which, if proven, could erode public trust in the rule of law.
This testimony forms part of a broader legal action initiated by Mr. Shamakamba, who is separately pursuing a libel suit seeking over US$500 million in damages against Daily Revelation editor-in-chief Patson Chilemba, academic Dr. O’Brien Kaaba, and Daily Standard Multimedia Limited. Consequently, the Ndola High Court proceedings are a critical juncture in a multifaceted legal conflict with implications for institutional accountability, press freedom, and public discourse on governance. The outcome will be closely watched as a indicator of the judiciary’s capacity to adjudicate impartially in cases involving powerful state actors.