By Merlyn Mwanza
Anti-Corruption Commission director general Tom Shamakamba has told Economic Front (EF) leader Wynter Kabimba that he shall not comply with his demands to disclose the investigations against Solicitor General Marshal Muchende.
But Kabimba maintained that he is aware of the constitutional provisions but argued that asking the commission whether or not the commission is investigating Muchende or any other person is tantamount to “direction or control” as Shamakamba was suggesting.
Writing in response to Kabimba’s earlier letter to him threatening him with court action if the ACC did not disclose the nature of the investigations against Muchende who is accused of receiving US$500,000 bribe from a named former liquidator and that his house has since been placed on restriction order, Shamakamba said he will not comply with Kabimba’s demands.
“Thank you for your letter of 22nd August, 2023 whose contents were noted,” Shamakamba stated in the letter dated August 25, 2023 and quoted Section 5 of the Anti-Corruption Act No.3 of 2012 stating: “Subject to the Constitution, the Commission shall not in the performance of its functions be subjected to the direction or control of any person or authority.”
He argued that “for the above reasons, we are unable to comply with your demands.”
“Relating to your threats to apply for judicial review and seek an order of Mandamus against the undersigned, we humbly request you to read Sections 17(1) and (2) of the Anti-Corruption Act No. 3 of 2012,” stated Shamakamba. “However, it’s your clients constitutional right to commence legal action whenever it desires.”
But in response, Kabimba disagreed with Shamakamba’s position.
“We are conversant with both the constitutional provisions and those in the Act which our have referred to in your letter above. However, with all due respect to your office and yourself as the person holding the same, we do not think that to ask the question whether or not the ACC is conducting investigations against any person is tantamount to a ‘direction of control’ of the Commission as you seem to suggest,” argued Kabimba. “In view of the above, unless you still hold on to the same interpretation of the law, we believe that this is a matter which can be resolved amicably.”
