By Esther Chisola
Former Anti-Corruption Commission (ACC) director general Thom Shamakamba has sued Daily Revelation Newspaper and former ACC board member Dr O’Brien Kaaba demanding $500 million in damages for libel.
And Shamakamba has told the court that as a result of the article punished by Daily Revelation, his reputation and image has been gravely injured to the extent that he cannot travel to any country as he is being viewed as ‘corrupt’.
In this matter, Shamakamba has also cited former ACC board member Dr O’brien Kaaba as second respondent.
He is seeking damages for the injury suffered and an order that the article published by the first defendant against the plaintiff dated July, 15-16, 2024 was libellous.
Shamakamba is also seeking damages for ridicule, mental anguish, stress, inconveniences and embarrassment and an order that the defendants retracts the article dated July 15-16, 2024.
The plaintiff further demands for an order that the defendants renders a public apology in a widely circulated newspaper and on a famous Facebook Page and exemplary damages.
Shamakamba also wants punitive damages, interest and any other reliefs the court might deem fit.
According to a statement of claim filed in the Ndola High Court, Shamakamba stated that on or about July 15, 2024, the first defendant though its newspaper Daily Revelation publication number 123 of July 15-16, 2024 published a story on its front page titled “ACC DG MUCHENDE GETTING KICKBACKS -BOARD MEMBER”.
He stated that the heading went on to state that “Shamakamba appointment was proposed by corrupt people in government who knew he had no character.”
“The Plaintiff will aver at trial that he is a senior legal practitioner and member of the Law Association of Zambia of more than 27 years at the Zambian Bar before being appointed as Director General of Anti-Corruption Commission (ACC). The Plaintiff will aver at trial that he also served as a Council member of the Law Association of Zambia for about ten (10) years,” he stated.
Shamakamba further stated that on or about December 22, 2022 he was appointed as Director General of the ACC and that during the course of his employment, he had the opportunity of meeting and mingling with high-ranking people such as Presidents, vice Presidents from various countries.
“By reason of the foregoing the Plaintiff has suffered embarrassment, mental anguish and his reputation and estimation in the right standing members of the society has been damaged,” he stated.
Shamakamba stated that the newspaper had a wide circulation around the country with over 29, 520 followers on its Social Media Platforms.
“The Plaintiff will state that the natural and ordinary meaning of the words complained of, is that the defendant’s article meant and were understood to mean that the plaintiff was a person who is corrupt, receives illegal actuaries, he is a compromised person or captured by corrupt persons or institutions, incapable of fighting corruption,” he stated.
He further submitted that the natural and ordinary meaning of the words complained of was that he was in a syndicate that shielded corruption and he had in his possession proceeds of crime.
“The plaintiff will aver at trial that following the said publication he received calls from various government officials of different countries including Namibia; Ireland; Burkina Faso; Malawi, South Africa; Ivory Coast, Ghana and United Kingdom. The plaintiff will aver that the said words and article by the Defendants were calculated to disparage, demean, reduce and /or damage the reputation and image of the plaintiff in the estimation of the right-thinking members of society as they gave a misrepresentation that the plaintiff is corrupt and incapable of fighting corruption both locally and internationally,” he stated.
Shamakamba stated that the defendant’s libellous words/article was reposed on various WhatsApp and Facebook groups which further embarrassed him and damaged his reputation.
