Sun Pharmaceuticals Ltd Owners Cleared Twice During Investigations by the ACC

Sun Pharmaceuticals Ltd has been investigated twice by the Anti-Corruption Commission (ACC). “The first investigation took place before I became the Director General and was closed due to a lack of evidence. The second investigation, conducted during my tenure, also concluded with no evidence of wrongdoing.”

Former ACC Director General Mr. Thom Shamakamba defended the Commission’s decisions concerning the release of a passport and payments in relation to claims over the ownership of Sun Pharmaceuticals. These claims were dismissed as lacking substance, and the owners were cleared by law enforcement.

In a sworn affidavit filed in the Ndola High Court, Mr. Shamakamba addressed unsubstantiated claims made by Patson Chilemba of Daily Revelation and Dr. O’Brian Kaaba in a defamation case.

Mr. Shamakamba stated that the ACC acted legally when it concluded its investigations into the ownership of Sun Pharmaceuticals and subsequently released Mr. Vinod Sadhu’s passport. He emphasized that this decision was based on the completed investigations which found no evidence of wrongdoing.

“Upon receipt of the request (from Mr Vinod Sadhu’s lawyers), it was forwarded to the Legal and Investigations departments,” Mr Shamakamba stated. “The dealing officers considered the request, and recommendations to release the passport were made by the officers. Upon recommendations, I approved the release of the passports.” He dismissed claims that the passports had been withheld due to ongoing investigations, noting there were no active cases against the Sadhus, owners of Sun Pharmaceuticals Ltd.

Mr. Shamakamba reiterated that the matter had been thoroughly investigated both before and during his tenure, and both times it was closed due to lack of any evidence.

“The issue involving Mr Vinod Sadhu had been investigated twice. The first investigation concluded before I took over as Director General, and it was closed for lack of evidence. The second investigation, conducted during my tenure, also resulted in no evidence of wrongdoing,” he added.

He also addressed the payments made to the Sadhus by the state, which were part of court judgments. Mr. Shamakamba reiterated that there was no lawful justification for blocking these payments, especially since they were made in accordance with a consent order and were never contested by the Kalenga family, who initially filed the complaint regarding the ownership dispute.

“There was no request from the police to secure the passport for the suspect at the time of the action,” Mr. Shamakamba explained. “The case had been previously closed based on the lack of evidence. Furthermore payments or any form of compensation on behalf of the government are made by and through the Attorney Generals’ office.”

Mr. Shamakamba also emphasized that the Kalenga family, despite making numerous allegations, failed to provide substantial evidence to support their claims. He revealed that Mr. Kalenga did not present the promised evidence after being invited multiple times to provide documentation to the ACC.

“It was a closed matter. There was a request by one of the Kalenga’s to relook at the case on the basis that he had evidence, which was never presented.” “The said Kalenga was met at the Attorney General (AG)’s chambers and promised to bring evidence but to no avail.”

“The complainant refused to appear before the ACC investigators and bring necessary documentation or proof,” Mr. Shamakamba stated. “At the time of reopening the case, several payments had already been made, and the consent order had not been challenged.”

He refuted claims that the ACC had engaged in joint investigations with the Zambia Police Service (ZPS) regarding the Sun Pharmaceuticals case, stating that the ACC conducted its investigations independently, consistently finding no evidence of criminal activity.

“In fact, at the time of the second investigation, Anti-Corruption Commission (ACC) through the plaintiff’s office requested for a docket over the same issue from the police and no evidence was found on the police docket. A perusal of the police docket clearly showed that there was no evidence of any illegality. As such the plaintiff’s conduct was compatible with the proper exercise of authority. The decision to close the case for the second time was done on recommendations from the dealing officers”

“The case had been closed prior to my reopening it,” he stated. “There was no joint investigation between the ACC and ZPS. The ACC independently concluded its investigations, and there was no evidence indicating any illegal activity.”

In response to allegations related to the release of funds owed to Sun Pharmaceuticals Ltd, Mr. Shamakamba emphasized that these payments were part of court orders, and the ACC had no legal basis to interfere.

“The allegations made by the Kalenga family were matters that had already been resolved by the courts,” he said. “The payments were made following court orders, and there was no justification for blocking them.”