By Patson Chilemba
Anti-Corruption Commission (ACC) director general Thom Shamakamba has told the court that he is not obliged to disclose ongoing investigations against Solicitor General Marshal Muchende, and that the action is not counter-productive to the government’s fight against corruption.
In affidavit filed in opposition to Economic Front Wynter Kabimba’s application in the High Court to apply for judicial review over his refusal to disclose information that the ACC was investigating Solicitor General Muchende for allegedly receiving $500,000 bribe from a named former liquidator, Shamakamba, who has been sued in his personal capacity, argued that
this was not a proper case for the court to grant leave for judicial review.
Shamakamba has refused to divulge information on the investigations against the Solicitor General with impeccable sources at State House telling Daily Revelation that the ACC has been facing consistent pressure from powerful forces to stop the investigations.
In his court submission, Shamakamba stated that he had read the affidavit verifying facts in support of Ex-part summons for leave to apply for judicial review served on him on October 19, 2023, and that contents in paragraphs 3, 4 and 5 were common cause.
“That in relation to paragraph 6 and 7, I wish to state that the Anti-Corruption Commission is not obliged or mandated under any law to share information regarding ongoing investigations and this is not counter-productive to the government nor the fight against corruption.” Shamakamba argued. “That in relations to paragraphs 8, I wish to state that Mr. Marshal Muchende the Solicitor General is not a public officer but a Constitutional office holder as defined by the Constitution of Zambia and the government is not conducting a selective fight against corruption. That any person reasonably suspected of committing an offence under the Anti-Corruption Act is dealt with in accordance with the provision of the law.”
Shamakamba continued: “That I believe that this is not a proper case for the Court to grant leave for judicial review. That I depose to the facts herein verily believing the same to be true and correct to the best of my knowledge, information and belief.”
Kabimba has sued Shamakamba for refusing to inform the general public on the investigations against Muchende 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.
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