By Patson Chilemba
The High Court has set October 30, 2023 as the date for when Economic Front (EF) leader Wynter Kabimba and the Anti-Corruption Commission (ACC) will appear, in connection with the ACC investigations against Solicitor General Marshal Muchende.
Economic Front leader Wynter Kabimba has sued ACC director general Tom Shamakamba for refusing to inform the general public on the investigations against Solicitor General Marshal over corruption allegations that he received over $
500,000 bribe from a named former liquidator.
In this case, two of Kabimba’s party members Womba Kayombo and Paul Chola who are first and second applicants have cited ACC director general Shamakamba, seeking leave to apply for judicial review in the public interest.
According to court documents filed in the Lusaka High Court dated September 7, 2023, Kayombo and Chola explained that on August 22, 2023, they instructed their lawyers to write to the ACC requesting the disclosure to the public of the nature of investigations against Muchende a public officer.
The duo stated that on August 28, 2023, the ACC in response to the said letter stated that it was unable to comply with the demand.
“That it is clear from the above that the respondent has refused to inform the general public whether or not the commission is carrying out preliminary investigations for acts of corruption against Marshal Muchende, a matter which is in the public interest as Marshal Muchende is a public officer in the government which has waged a fierce fight against corruption since 2021,” the applicants submitted.”
Womba and Chola stated that the refusal or failure by Shamakamba to share information with the general public is in itself counterproductive to the government’s proclaimed policy position that there will be no sacred cows in the fight against corruption under the current administration. The applicants also stated that since Muchende was a public officer in the present government, the refusal by Shamakamba to inform the general public whether or not he is under investigation for corruption was in itself confirmation that the government is conducting a selective fight with its corruption policy.
“That we therefore, believe that this is a suitable case for the grant of leave for judicial review in the public interest,” read the affidavit verifying facts in support of ex-parte summons for leave to apply for judicial review.
Kabimba told Daily Revelation yesterday that the case has been allocated before High Court judge Charles Kafunda, saying he will advance the same arguments he submitted when he took the matter to court.
“We have served the summons on DG (director general) and we are waiting for them now to file and serve us with the affidavit in opposition,” said Kabimba. “It will be interesting for us to see what the arguments are. They have been given up to 30th October, 2023 … We expect their affidavit in opposition either today latest tomorrow because they must be served two days before the date of hearing. Two working days.”
A few weeks ago, Daily Revelation published a story quoting sources from State House indicating that the ACC had placed a restriction order on the house belonging to Muchende over assertions that he had received over US$500,000 bribe from a named liquidator. But there were efforts by powerful forces within the UPND administration to sit on the matter.
