O'Brien Kaaba rips Government officials in his Court defense.
O’Brien Kaaba rips Government officials in his Court defense.
..As he reveals for the first time, Dr Lawrence Mwananyanda’s role in the removal of the Anti-Corruption Commission Director General, Thom Shamakamba
..Dr Kaaba has also confirmed he was in contact with European Diplomats, and it was they who provided him with information on specific ACC investigations
After reaching an out of Court settlement agreement with the Solicitor General, Marshal Muchede, over allegations of “sickening corruption in State Chambers” Dr. Kaaba defended himself in a defamation lawsuit filed by the former Director General of the Anti-Corruption Commission, Thom Trevor Shamakamba.
In his defence statement submitted to the Ndola High Court on June 23, 2025, in the case where Shamakamba has sued Patson Chilembi, Dr. O’Brien Kaaba, and the Daily Standard, Dr Kaaba disclosed that the Anti-Corruption Commission was investigating high-ranking government officials, including Solicitor General Marshal Muchede, then-Ministry of Information and Media Director Thabo Kawana, and Central Province Permanent Secretary Milner Mwanakampwe.
Kaaba also confirmed his close relationship with the former Director General, Gilbert Phiri (currently the Director of Public Prosecutions), and stated that he [Gilbert Phiri] often sought guidance on ongoing investigations.
“While Mr. Gibert Phiri was the ACC DG, he collaborated well with myself and other Commissioners by briefing Commissioners on all major investigations and seeking their strategic direction as Commissioners. As a result, the ACC made headway in investigating many cases of corruption involving senior government officials.”
“Those who were under investigations then included the Solicitor General Marshal Muchende SC; then ministry of information director Mr. Thabo Kawana; and the Permanent Secretary for Central province Mr. Milner Mwanakampwe.”
He disclosed that the Board informed President Hakainde Hichilema of the cases involving senior government officials.
“The ACC board chairperson briefed the President about the investigations on Mr. Marshall Muchende and Mr. Thabo Kawana.”
Concerning his contact and information received from certain foreign diplomats, O’Brien Kaaba had this to say to the Court :
“In April 2024, I was retained as governance expert to brief the visiting Germany President on the state of governance in Zambia and specifically on the state of the light against corruption. While attending the event, a diplomat pulled me aside and asked me why the ACC had given immunity to at least four officials al the Ministry of Finance who were involved in corruption. This was a shock to me as the Board of ACC I was part of had made it clear that it was opposed to the granting of immunity without criminal prosecution and admission of criminal liability. I asked the other Commissioners if they were aware of this. They were all not aware and not consulted. The Plaintiff when confronted in a subsequent meeting confirmed that he had indeed granted the immunity and that cases against those granted immunity were dropped. This includes Mr. Mukuli Chikuba, the then Permanent Secretary at Ministry of Finance. The Commissioners made it clear to the Plaintiff that this was not in public interest and amounted to rewarding corruption instead of fighting it.”
Kaaba has claimed credit for instigating the removal of the ACC Director General by State House and revealed his meeting with President Hichilema’s close aide and National Security Advisor, Dr Lawrence Mwananyanda:
“In July 2024, following the publication of my articles referred to above, I was invited by President Hichilema to State House to give an update on my concerns about the fight against corruption. I met Dr Lawrence Mwananyanda at State House whom I briefed on behalf of the President and he assured me that the President has had the same concerns about the Plaintiff and found his lack of seriousness appalling.”
“He indicated to me that the President had actually not received the letter the ACC Board wrote him over the Plaintiff and that he would act the following morning and force the Plaintiff to resign.”
“In following with the word from State house, the following morning after my State House briefing, State House announced the resignation of the Plaintiff.”
The revelation of this meeting at State House, and the alleged response from Dr Lawrence Mwananyanda to O’Brien Kaaba in the meeting, is particularly significant as State House has repeatedly claimed it does not control Law Enforcement Agencies.
Furthermore, the Anti-Corruption Commission Act (2012) allows the Government to remove a Director General only after the National Assembly passes a resolution calling for an investigation. The process involves a detailed tribunal system established under the Chief Justice, designed to protect the integrity and independence of the Director General’s office.
Anti-Corruption Commission Act 2012, Clause 10 stipulates the binding legal provisions on tenure of the Director General :
(3) If the National Assembly, by resolution supported by a simple majority, resolves that the question of removing the Director-General ought to be investigated, the Speaker of the National Assembly shall send a copy of such resolution to the Chief Justice who shall appoint a tribunal consisting of a chairperson and two other persons to inquire into the matter. ( 4) The Chairperson and one other member of the tribunal shall be persons who hold or have held high judicial office. (5) The tribunal shall inquire into the matter and send a report on the facts of that matter to the President and a copy to the National Assembly. (6) Where a tribunal appointed under subsection (3) advises the President that the Director-General ought to be removed from office for inability as aforesaid or for misconduct, the President shall remove the Director-General from office. (7) If the question of removing the Director-General from office has been referred to a tribunal under subsection (2), the President may suspend the Director-General from performing the functions of office, and any such suspension shall cease to have effect if the tribunal advises the President that the Director-General ought to be removed from office. (8) The Director-General may resign by giving three months’ notice, in writing, to the President, of the Director-General’s intention to resign.
The case continues to be heard by the Hon Justice Musonda at the Ndola High Court, under Cause Number 2024/HN/307.
Emmanuel Mwamba
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