Kasanda sues State for not protecting him as a whistleblower

Kasanda sues State for not protecting him as a whistleblower

LUSAKA businessman Shadreck Kasanda has sued the State in the Lusaka High Court for not protecting him as a whistle blower in the KKIA gold saga involving Egyptians.

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Repressented by Nathan Lewis Mosho Advocates, Kasanda wants the Court to order that he is entitled to statutory protection as a whistleblower as disclosure he made is a protected disclose pursuant to the public interest disclosure (protection of whistleblowers).

He is seeking an interim order restraining the State from perpetrating or engaging in unlawful reprisal against him until the statutory protection as a whistle blower is determined under the Public Interest Disclosure Act no.4 of 2010.

In his statement of claim, Kasanda explained that, in August 2023, he got wind of a Gold Transaction that was happening at the Kenneth Kaunda International Airport between some Congolese, a South African and some Egyptians.

He said upon becoming suspicious of the legality of the said transaction, he decided to report the matter to various law enforcement agencies, which included the Drug Enforcement Commission (DEC), Zambia Police, Zambia Air Force and Zambia National Service.

“Following the plaintiff’s public interest disclosure ,the aforesaid law enforcement agencies quickly rushed to the airport and seized a number of properties including cash, some minerals and an Aircraft belonging to the Egyptian Nationals,” he said.

“Further, the law enforcement agencies also made some arrests in connection with the said gold transaction, which arrest included some Zambian and the Egyptians nationals involved.”

Kasanda said because of his disclosure in  public interest, the State recovered US$5 million under cause 2023/HPEF/37, from the Egyptians by way of a consent judgement entered into with the said Egyptians.

He stated that, in a sudden turn of events, he was also arrested and jointly charged with the Egyptians who were the subject of his public interest disclosure involving gold transactions at KKIA.

Kasanda said the matter proceeded to court , however, the DPP decided to enter a nolle prosequi in favour of the Eygptian nationals, and  they were discharged and allowed to go back to their country.

“In addition to the offence of Espionage,I was also, individually, charged with the non-bailable offence of aggravated robbery,” he said.

“This aggravated robbery matter proceeded to trial in the High Court and the State failed to present before court, the alleged Eygptian complainants to come and testify in the matter in which it is alleged that they were robbed a sum of US$5 million.”

Kasanda claimed he was tried notwithstanding the advice from Zambia police to the Director of Public Prosecutions (DPP) that investigations done by Zambia police revealed that there was no evidence of the offence of aggravated robbery.

“After several adjournements granted to the state giving them an opportunity to bring before court the alleged complainants to come and testify in their matter, the High Court in exercise of its inherent jurisdiction closed the prosecution’s case and invited parties to make submissions at the close of the prosecution’s case,” he said.

“Whilst the accused was making his submission, the prosecutions quickly stood to enter a nolle prosequi, bringing proceedings to an end ,and the plaintiff was discharged accordingly.”

Kasanda said he was subsequently was re-arrested, but was granted an application for a habeas corpus by the High Court.

“The plaintiff will aver at trial that the conduct of the defendant regarding the events that unfolded at KKIA ,upon which he made a public interest disclosure has been highly punitive and injurious to the rights and interests of the plaintiff given the above unjustified acts of unlawful reprisals,” he claimed.

“The plaintiff will also aver that the defendant’s conduct is contrary to the spirit and is one that undermines the object of the law on whistleblowers, regarding public interest disclosure which the plaintiff made to the law enforcement agencies.”

Kasanda said the conduct of the State is highly suspicious and utterly strange that he could be victimized, harassed and prosecuted over a public interest disclosure while the perpetrators of the alleged illegal conduct were freed and allowed to travel back to their country, after the State benefitted from his disclosure of the suspected illegal activities of his Egyptian clients.

“By reason of the conduct of the defendant, the plaintiff has suffered injury ,loss ,intimidation and harassment by the defendant’s agents including DEC ,Zambia police, as he is vulnerable to arbitrary arrests and unending interrogations, threats of further seizure and unending interrogations, threats of further seizure and forefeiiture of his property, bordering on the public interest disclosures he made in public interest and out of which the state recovered huge sums of money,” Kasanda said.

“The plaintiff, having made a public interest disclosure in public interest, is entitled to the protection under the Public Interest Disclosure ( Protection of Whistleblowers) Act no.4 of 2010.”

He is further seeking an order that the collective conduct of the State constitutes unlawful reprisal against him, and as such, violates the public interest disclosure (protection of whistleblowers) Act no.4 of 2010.

Kasanda is also claiming amages for injury and or harmful conduct occassioned by the State’s unlawful reprisal against him.

By Mwaka Ndawa

Kalemba September 14, 2024.