By Mwaka Ndawa
FORMER Anti-Corruption Commission director general Rosemary Khuzwayo says there was a probable and reasonable cause or grounds upon which former minister of health Dr Chitalu Chilufya was arrested, charged and prosecuted for possessing property suspected to be procceds of crime.
She said whatever role she played in the investigations touching on Dr Chilufya was in good faith and in the exercise of her duty under the ACC Act.
This is in a matter where Dr Chilufya has sued the Anti-Corruption Commission and Khuzwayo demanding $50,100,000 as damages for libel over his “malicious” prosecution on corruption related charges in 2020.
Dr Chilufya is seeking damages for malicious prosecution, libel and defamation, intimidation as well as exemplary and aggravated damages to be assessed by the court.
In his statement of claim, Dr Chilufya said between September and August 2020 he was prosecuted for possessing property suspected to be proceeds of crime involving more than US$200,000 to purchase shares in Samfya marines and tourism services, spark guest house, now Henry Courtyard, and a boat, which proceedings he attended at great cost.
He said that the ACC did not have evidence or reasons to arrest and charge him and that despite the evidence by the commission’s witnesses exonerating him, he was still prosecuted but the prosecution ended in his favour and he was acquitted by the Lusaka Magistrates’ court.
He claimed that according to an audio recording availed to him by ACC employees and made public, Khuzwayo was heard saying she did not care whether he was innocent or not but that she just wanted him to be prosecuted.
“khuzwayo in ACC institution abused her authority of office by sanctioning a malicious prosecution despite all the advice given to her that the plaintiff was innocent,” said Dr Chilufya.
But in her defence, Khuzwayo said she was until the termination of her employment an employee of the ACC as acting director general and enjoyed all legal immunities as provided for by the ACC Act No.3 of 2012.
She explained that the powers to initiate, receive and investigate complaints of alleged or suspected corrupt practices, and prosecute offences under the ACC Act during the investigation of an offence under the said ACC Act lie within the scope of the Commission’s statutory functions.
Khuzwayo denied making, publishing or authorising the publication of any audio recordings about the deliberations of ACC officers.
“The second defendant at all times performed her functions diligently, professionally and legally and shall at trial plead the statutory defences, immunities and objections on the use of confidential information relating to the first defendant (ACC) and its functions,” Khuzwayo stated.
“The second defendant as acting director general of the ACC executed her duties professionally and according to the law.”
She said Dr Chilufya is not entitled to the US$50,100,000 or any other reliefs whatsoever .