By Jane Chanda
Former Zambia Medicines and Medical Supplies Agency (ZAMMSA) director-general Victor Nyasulu has demanded K60 million in defamation from Health minister Elijah Muchima.
Nyasulu has also given the Muchima 72 hours to retract what he said were defamatory statements made in the “Government Action to Combat Medical Drug Theft and Strengthen Zambia’s Healthcare Supply Chain” issued by the Health minister.
In a letter seen by Daily Revelation dated May 12, 2025, Nyasulu’s lawyers stated that their client had suffered grave and irreparable damage to his reputation due to the minister’s statements.
The letter cited the specific paragraphs in the media release that Nyasulu takes exception to, which mentioned his suspension and removal from his position as DG of ZAMMSA, as well as his alleged appearance before the courts of law.
According to Nyasulu’s lawyers, the minister’s statements were not only factually inaccurate but also maliciously intended to impugn Nyasulu’s character and professional integrity.
“These words, published by you in your capacity as the Minister of Health for the Republic of Zambia, are unequivocally, demonstrably, and without any basis in fact, defamatory of our client,” the letter read.
Nyasulu’s lawyers argued that the minister’s statements constituted a direct, unambiguous, and highly damaging imputation that Nyasulu was involved in, or complicit in, the theft of medical drugs, specifically those donated by the United States Government (USG).
However, the lawyers pointed out that Nyasulu’s departure from ZAMMSA was due to alleged professional negligence concerning the “marooned 61 containers” of Egyptian-sourced medical supplies, a matter entirely distinct and unrelated to the USG aid.
The lawyers also clarified that the former DG was arrested on February 7, 2025, and charged with the specific and limited offense of Wilful Failure to Follow Procurement Laws of Zambia and that he has not been charged with any offense relating to the 61 containers saga, nor has he been charged with any offense relating to the theft of USG-donated medicines.
They further stated that their client is not currently appearing before any court of law in relation to any criminal matter and that he is currently on police bond pending further procedural steps in the aforementioned procurement matter.
The lawyers drew attention to well-established legal principles governing defamation, including the publication of false statements that lower a person in the estimation of right-thinking members of society, expose them to hatred, ridicule, or contempt, or injure them in their office, trade, or profession and they also cited the imputation of serious criminal conduct, such as theft, being inherently defamatory and carrying a heavy burden, particularly when made by a person in a position of authority.
Nyasulu demanded that the Muchima issue an immediate and unconditional retraction of the defamatory statements, an unreserved and prominent public apology, and substantial compensation for aggravated defamation.
“We demand payment of ZMW60,000,000.00 as a non-negotiable sum for aggravated damages,” the lawyers stated.
This sum, they stated, is commensurate with the profound injury suffered by their client, serves as a necessary deterrent against the reckless and malicious dissemination of false and defamatory information by individuals in positions of public trust, and reflects the need to restore their client to the position he held prior to the defamatory publication.
The demands also include comprehensive mitigation of harm caused by the defamatory statements, including ensuring that the retraction and apology receive the widest possible dissemination through all media platforms that carried the original statement.
They stated that, failure to comply with the demands within 72 hours would result in immediate and comprehensive legal proceedings against the minister, seeking an injunction, damages, and costs.
Muchima has been given 72 hours to respond to the demands, after which Nyasulu’s lawyers will institute legal proceedings if their demands are not met and that these proceedings will seek, inter alia, an immediate and permanent injunction restraining the minister from any further publication of these or similar defamatory statements, judgment for aggravated and exemplary damages, and an order for costs on a punitive scale.
Nyasulu’s lawyers further expressed their expectation that the minister would take immediate action, stating, “We trust that you will give this matter the urgent and serious attention it deserves and take the necessary steps to rectify the significant and ongoing harm you have caused to our client.”
