Dr. O'Brien Kaaba, the former Anti-Corruption Commission (ACC) commissioner, has begun his defence in a libel case brought against him in the Ndola High Court by Tom Shamakamba, the former ACC Director-General.
Kaaba and the Daily Revelation newspaper are jointly sued for libel over an article titled ACC DG Muchende Getting Kickbacks – Board Member, published on July 15th and 16th, 2024. The complainant, Shamakamba, is seeking $500 million in libel damages, alleging harm caused by the article.
Shamakamba is also requesting a court order for Daily Revelation to retract the article and is demanding a public apology from both Kaaba and the newspaper. He insists the apology be published in a widely circulated newspaper and on a prominent Facebook page.
According to a statement of claim filed in the Ndola High Court, Shamakamba pointed out that “he will aver at trial that newspaper referred to... defendants published defamatory words against the plaintiff both on the front page and page 2 of the said newspaper”.
In his defence filed in the Ndola High Court, Kaaba argued that although he did not author the contested article, he will prove in court that Shamakamba has a tainted legal practice record and was involved in several illegal acts that undermined the fight against corruption, including the misuse of his powers as director general to grant immunity to four individuals implicated in financial theft at the Ministry of Finance.
“The Plaintiff (Shamakamba) has a checkered history of legal practice and has been involved in several cases of alleged unethical behaviour, including the forgery of a Will,” Kaaba said.
He further added that the Law Association of Zambia (LAZ) could not support Shamakamba's appointment as director general of the ACC, as he was never cleared in any of the disciplinary matters brought before the association.
Dr.Kaaba accused Shamakamba of inappropriately using his powers as director general to grant immunity to four individuals involved in the Ministry of Finance’s financial theft. He further alleged that Shamakamba engaged in serious actions aimed at undermining the fight against corruption.
“The plaintiff inappropriately used his power as Director General of the ACC to give immunity to four of the accused people involved in the Ministry of Finance scandal which was being investigated by the ACC, thereby shielding them from prosecution and justice as a result, some of the said accused persons, despite being allegedly in serious acts of corruption, have retained their senior positions in government,” Kaaba stated.
He disclosed that concerns regarding Shamakamba’s capacity, propriety, and integrity have been publicly raised by Mr. Musa Mwenya, the former board chairperson. Additionally, President Hakainde Hichilema openly reprimanded Shamakamba for his lack of seriousness in combating corruption during the launch of the national anti-corruption policy.
“The board of the ACC on May 27, 2024, the ACC board unanimously wrote to the President enumerating several shortcomings of the plaintiff then as Director General of the ACC and urged the President to relieve the plaintiff of his responsibilities as Director General,” Kaaba stated.
At trial, Dr. Kaaba plans to call eight witnesses, including Mr. Mwenya, Dr. Mususu Kalenga, and Mr. Frank Gwaba.
