By Esther Chisola
Gold scam suspect Shadreck Kasanda has sued the state in the Lusaka High Court demanding an order that he is entitled to statutory protection as a whistleblower on account that the disclosure he made is a protected by one persuant to the public interest disclosure, among other reasons.
Kasanda who has cited the Attorney general as the respondent also wants an order that the collective conduct of state constituted unlawful reprisal against him and as such, violated the public interest disclosure (protection of whistleblowers) Act no.4 of 2010.
He also wants damages for the injury and or harmful conduct occasioned by the state’s unlawful reprisal against him.
Kasanda further wants an interim order restraining the defendant’s from further perpetrating or engaging in unlawful reprisal against the plaintiff until the statutory protection of the plaintiff is determined under the Public Interest Disclosure Act no.4 of 2010.
According to a statement of claim filed, Kasanda stated that sometime in August 2023, he became aware of a Gold transaction that was happening at the Kenneth Kaunda International Airport between some Congolese nationals, a South African national and some Egyptian nationals.
He stated that on becoming suspicious of the legality of the said transaction, he decided to report the same to the various law enforcement agencies, which included the Drug Enforcement Commission (DEC), Zambia Police Zambia Air Force (ZAF) and Zambia National Service (ZNS).
“Following the plaintiff’s public interest disclosure, the aforesaid law enforcement agencies quickly rushed to the airport and seized a number of properties including cash, some minerals and an Aircraft belonging to the Egyptian Nationals,” he stated.
The plaintiff submitted that the law enforcement agencies also made some arrests in connection with the said gold transaction, which arrest included some Zambian and the Egyptian Nationals involved.
“On account of the plaintiff’s public interest disclosure, the state recovered the sum of $5 million under cause 2023/HPEF/37, from the Egyptians by way of a consent judgement entered into with the said Egyptians,” he stated.
Kasanda stated that in a sudden turn of events, he was also arrested and jointly charged with the Egyptians who were the subject of his public interest disclosure involving gold transactions at KKIA.
“The matter proceeded to court, however, the DPP decided to enter a nolle prosequi in favour of the Eygptian Nationals, and we’re accordingly discharged and allowed to go back to their country,” he stated.
He said that in addition to the offence of espionage, he was also charged with a non-bailable offence of aggravated robbery.
“This aggravated robbery matter proceeded to trial in the High Court and the State failed to present before court the alleged Egyptian complainants to come and testify in the matter in which it is alleged that they were robbed a sum of $5 million,” Kasanda stated.
He stated that the trial took off notwithstanding the advice from Zambia police to the DPP to the effect that investigations done by Zambia police disclosed no evidence of the offence of aggravated robbery.
“After several adjournements granted to the state giving them an opportunity to bring before court the alleged complainants to come and testify in their matter, the High Court in exercise of its inherent jurisdiction closed the prosecution case and invited parties to make submissions at the close of the prosecution’s case,” he stated.
He submitted that whilst he was making his submissions, the DPP prosecutions quickly stood to enter a nolle prosequi, bringing proceedings to an end and the plaintiff was discharged accordingly.
Kasanda further stated that immediately he was re-arrested, but was granted application for habeas corpus by the High Court.
“The plaintiff will aver at trial that the conduct of the defendant regarding the events that unfolded at KKIA, upon which he made a public interest disclosure has been highly punitive injurious to the rights and interests of the plaintiff given the above unjustified acts of unlawful reprisals,” stated Kasanda.
