GOLD SCAM:STATE HOUSE STAFF INVOLVED

By GRACE CHAILE

MAKEBI Zulu Advocates has asked the State to immediately withdraw criminal charges against Shadrick Kasanda Kapasa, one of the suspects arrested in the country’s now infamous gold and cash scandal or the law firm shall commence court proceedings which would lead to the name and shame of State House personnel involved.

The law firm representing Mr Kasanda is demanding the withdrawal of the criminal charges and discontinuance of the matter, failure to which, it would have no choice but to take legal action that would require full disclosure of information about known State House personnel behind the goldgate scandal. 

The law firm is contending that the actions by the State, in criminally pursuing Mr Kasanda were but an illegality by reason of Section 43 (1) (2) of The Public Interest Disclosure (Protection of Whistle-blowers) Act.

It has accused the State of attempting to use Mr Kasanda as a scapegoat when individuals behind the said gold and cash scandal were well known, with some being from State House.

“In view of the State’s actions to proceed to charge and arrest our client in breach of the cited law to the exclusion of named persons behind the whole ordeal, who include known personnel at State House, who after the ordeal accompanied the Republican President to Angola and despite having returned, have not been availed for questioning  nor arrested, it is our demand that the State drops the charges forthwith and releases our client from the unlawful detention, failing which, we shall be left with no option but to commence proceedings for appropriate remedies, which action shall contain full disclosure of the information,” the firm  stated.

This is according to a letter dated August 23, 2023, addressed to the Attorney General by Makebi Zulu Advocates on behalf of Mr Kasanda, who is being held at Lusaka Central Police Station.

Mr Kasanda, a Lusaka businessman, Mahogany Air Chief Executive Officer Dr Jim Belemu, Oswald Diangamo and commercial pilot Patrick Kawanu are the four Zambians arrested in connection with the raging gold scandal, while the other nine are foreign nationals.

The four are charged with the offence of disposal of property suspected of being proceeds of crime contrary to Section 71(1) of the Forfeiture of Proceeds Crime Act no.19 of 2010. 

Makebi Zulu Advocates said Mr Kasanda was being treated as a criminal and not a whistle-blower.

The law firm said its client, having availed the State with protected disclosure in good faith ought to have been treated as a State witness and should never have been subjected to the public humiliation and victimisation he had gone through in an attempt to make him a scapegoat.

The law firm said the comments over the scandal by President Hakainde Hichilema during his press briefing at State House on August 18, 2023, were prejudicial to Mr Kasanda of being able to have a fair trial before any court in Zambia.

“Our client’s rights to a fair trial and to be presumed innocent as guaranteed by Article 18(1) and 18(20(a) of the Constitution have been threatened by the President’s comments, who had breached the stated provisions. Our client is entitled to a fair trial and to be presumed innocent as guaranteed in the Constitution,” Makebi Zulu Advocates stated in the letter.

DEC seized the Global Express 7T-WSS aircraft which was carrying various items including about $5.7 million, five pistols, seven magazines, 126 rounds of ammunition and 602 pieces of suspected gold.

[/ihc-hide-content