By Staff Reporter
A witness has testified before the Ndola High Court that former Anti-Corruption Commission (ACC) director general Thom Shamakamba ordered for the release of criminal suspects’ passports, and wrote to unfreeze contested funds to them against the police’s position on the matter.
In a witness statement filed in favour of second defendant, former ACC board member and University of Zambia lecturer Dr O’brien Kaaba, who Shamakamba has jointly sued with Daily Revelation editor-in-chief Patson Chilemba and Daily Standard Multimedia Limited in the Ndola High Court demanding US $500 million, businessman Dr Mususu Kasenzi Kalenga has stated that he was the administrator and a beneficiary of the estate of the late John Mususu Kalenga.
He stated that he alongside other administrators and beneficiaries of Kalenga’s estates reported Vinod Sadhu, who had acted as managing director and partner in Sun Pharmaceuticals Zambia, to police.
Dr Kalenga stated that their complaint concerned a series of fraudulent acts committed by Sadhu and members of his family, whom they accused of fraudulently and unilaterally altering the records at the Patents and Companies Registration Agency (PACRA), by removing all the names of all other legitimate shareholders of Sun Pharmaceuticals and replacing them with those of his wife and family members.
He stated that the act effectively and unlawfully transferred full ownership and control of the company to the Sadhu family, without the knowledge, consent, or participation of the other shareholders and board members.
Dr Kalenga stated that Sadhu proceeded to sell the company assets without authorization from legitimate shareholders, and diverted funds due to Sun Pharmaceuticals – specifically proceeds from a Supreme Court award against the Development Bank of Zambia (DBZ) to a Swiss Bank Account. He stated that the funds originated from the Judicial Compensation Fund administered by the Ministry of Justice.
He stated that in September 2022, Sadhu and a member of his family, Uddit, were arrested by police and detained at Chelstone police, but were subsequently and inexplicably released without the knowledge or consent of the arresting or investigating officers.
Dr Kalenga stated that to this day, the identity of the individual or authority responsible for their release remained unknown, prompting them to escalate the matter to ACC which was then under the leadership of now Director of Public Prosecutions Gilbert Phiri, who summoned Sadhu and Uddit through their legal representatives for questioning. Dr Kalenga stated that ACC requested the Sadhus to provide documentary evidence justifying their claim to sole ownership of Sun Pharmaceuticals, and were released on bond upon assuring the Commission that they would provide the evidence within a few weeks.
But the ACC confiscated the passports given that the Sadhus were Indian citizens and a flight risk. ACC further placed a freeze on compensation fund payments due to the company to prevent further diversion of funds.
However, Dr Kalenga stated that when Shamakamba took over office in 2023, they received no further communication on the matter, despite them earlier submitting their supporting documents and having been assured that the Sadhus would be arrested if they failed to provide evidence as per the earlier directive.
He stated that despite numerous attempts via calls and personal visits to ACC, they were unable to submit their formal statements, and wrote to Shamakamba over the same in March 2023, expressing concern about the lack of progress and communication.
Dr Kalenga submitted that they inquired on why the Sadhus had not been prosecuted or steps taken to seize the company and its assets, despite them not producing any documentation as earlier promised. He stated that Shamakamba eventually replied by stating that the investigations were ongoing and would communicate in due course, but over six months passed without any communication from ACC, stressing that they found it procedurally unsound that no statement from the complainant had been taken and wondered how an investigation could be conducted.
Dr Kalenga stated that the whole thing made them suspicious that there was, in fact, no investigation going on. He stated that in October 2023, they were contacted by the police who had independently continued their investigations and made significant progress, including interrogations of officials from PACRA and Ministry of Justice, and that they indicated that the arrest of the Sadhus was imminent.
Dr Kalenga stated that shortly thereafter, Shamakamba contacted them urgently, requesting that they should deliver all documentary evidence to his office, despite having done so previously a year earlier. He stated that they informed Shamakamba that police were already in possession of the documents and suggested that ACC liaise with the police’s investigations team to avoid duplication and conflict.
He stated that their legal representatives also wrote to Shamakamba urging him against releasing the passports given the impending arrests. Dr Kalenga stated that a meeting was subsequently held between the police and ACC at Force Headquarters, during which the police communicated their intent to arrest the Sadhus.
“Despite this, within two days of the joint meeting, we were informed that the ACC had returned the Sadhus passports, allowing them to flee the country. No official explanation was provided to us. Following their departure, the ACC – via Mr Shamakamba – wrote to the Ministry of Justice requesting the lifting of the freeze on compensation fund payments, thereby facilitating the potential release of public funds and evidence in a criminal investigation to suspects who were by then outside the jurisdiction and under criminal investigations,” Dr Kalenga stated. “Fortunately, the police had anticipated this action by Mr Shamakamba and had placed their own freeze on the funds. Thus, the attempt to move these funds to the Sadhus failed. We later learned through the Zambia Police that the ACC had closed its investigation. This was deeply shocking as the Commission had never taken statements from us, the original complainants, nor had they issued any explanation or report on the conclusion of their inquiry. Further, no justification was given for releasing the passports or for attempting to release public funds to suspects wanted by another law enforcement agency.”
Dr Kalenga stated that in response, they submitted a formal complaint to the then Musa Mwenye led ACC board regarding Shamakamba’s conduct, and that he (Kalenga) also contacted Dr Kaaba whom he shared all relevant information and documentation with, hoping that the matter would be promptly addressed.
He stated that before they could receive a response, they were informed that Shamakamba had resigned and shortly afterwards the board was dissolved, and have therefore not received any communication from ACC regarding their matter.
Dr Kalenga stated that shortly after the Sadhus escaped, police made an application to have them extradited by placing them on the INTERPOL wanted list, and they remain wanted individuals by the law enforcement. He stated that Sun Pharmaceutials had numerous debts which the Sadhus neglected to pay, including employee benefits, debts to the Bank of Zambia via Union Bank in liquidation and to shareholders.
Kalenga stated that in February 2024, the complainants then made an application to the High Court to have Sun Pharmaceuticals placed in liquidation in order to clear the debts owed to various creditors, and a High Court order was granted. He stated that the liquidator then made an application to the Inspector General of Police to have the freeze order on Sun Pharmaceuticals funds lifted in order to pay the company’s creditors.
He stated that the police in March 2024, wrote to the Ministry of Justice requesting them to lift the freeze in order to satisfy the company’s creditors. Dr Kalenga stated that the ACC’s action under Shamakamba raised grave concerns about procedural unfairness, transparency, and the rule of law as well as the competence, integrity and professionalism on his part. He stated that due to this, he and his co-complainants to ACC had been denied the opportunity to be heard and have been at pains to have witnessed the collapse of a critical investigation into alleged fraud involving significant public funds.
