‘Rich’ civil servant seeks judicial review

‘Rich’ civil servant seeks judicial review
Written by Mwala Kalaluka and Maluba Jere
Wednesday, May 20, 2009 3:07:39 PM

THE civil servant whose property were seized by the ACC following investigations into an alleged K10 billion scam at the Ministry of Health has filed for judicial review, asking the court to declare the commission's decision null and void.

According to the application for judicial review filed in the Lusaka High Court by his lawyer Nicholas Chanda, Henry Kapoko asked the court to declare the April 22, 2009 decision or proceedings by the Anti Corruption Commission (ACC) to seize the property null and void.

Kapoko, of plot number 7658 Woodlands and a former human resource manager at the Ministry of Health, further applied that the court should quash the decision by the commission to seize the property in contention.

In his statement in support of an ex-parte application for leave to apply for judicial review, Kapoko stated that part of the property seized from him, though in his control and possession, belonged to innocent third parties.

Kapoko then explained the grounds on which he was seeking the court's relief in the matter.

"The decision by the Anti-Corruption Commission dated 22nd April, 2009 seizing all the property belonging to the applicant and innocent third parties was irrational and/or unreasonable," Kapoko stated.

The affidavit in support of ex-parte application for leave to apply for judicial review stated that officers purporting to be from the ACC went to Kapoko's residence in Woodlands on April 22 at around 06:30 hours acting under a search warrant.

"The aforementioned search warrant was obtained, according to the officers, to search for some documents," Kapoko stated. "The search, which took place from about 08:00 hours to 18:00 hours resulted in officers seizing all the vehicles that they found at my residence."

Kapoko itemised the seized vehicles as an X5 registered in the name of Fred Chileshe; an unregistered van (Mazda), which belongs to one Hassan; an unregistered Mercedes Benz CLS 500, which belongs to Rashidi and one Hummer, which he said he does not own.

Kapoko stated that one Ford Ranger was also seized from his premises.

"Despite my explaining clearly to the officers that the vehicles were not mine, they went ahead and got them and thereafter left my home at about 19:30 hours," he stated.

He stated that in addition to the vehicles, the officers also confiscated some documents.

Kapoko stated that on April 27, 2009 he was summoned to the ACC offices and was questioned regarding the confiscated items and that he was later in the day detained at Chilanga Police Station without any charge.

He indicated that he was taken back to the ACC offices the next day without eating anything and that he was questioned from 08:30 hours to 17:00 hours.

"The officers threatened that I would be detained in Police cells if the Nissan Diesel registered in Chileshe's name and black CLS 500 registered in my name were not brought to Anti-Corruption Commission," Kapoko's affidavit read in part. "I was coerced into signing some restriction orders."

He stated that apart from searching his premises, the officers searched other people they thought had a hand in the alleged corruption.

"These include Rudo Chitengu, Mirriam Chinyanbu, Mwila Kalikeka, Maboshe Notulu and Gloria," Kapoko stated. "The officers also seized vehicles that belong to my businesses which include the Toyota Hiace used at BHL, which is a lodge run by me, all the above acts by the Respondent's officers are malicious acts that genuine investigative officers should not engage."

Last week, the ACC unearthed a corruption scam in which over K10 billion government funds were suspected to have been corruptly obtained from the Ministry of Health.

The commission is investigating Kapoko for alleged corruption, theft and fraud.

The ACC has also seized and restricted property in excess of K3 billion allegedly belonging to Kapoko who is now working at the Ministry of Local Government and Housing in the same department.

ACC spokesperson Cosmas Moono said among the seized high value vehicles include a Hummer H3, an X5 BMW, two Mercedes Benz cars, two Lexus cars, a 30 tonne Nissan UDI Tipper Truck, one Mitsubishi challenger, one Ford Ranger and one Mazda Pickup van among others all valued at about K1.3 billion.

He said the vehicles seized from various people were all pointing to the same person.

Moono said although no arrests had been made, investigations were advanced.

"The Hummer and the Ford Ranger were discovered not to have any proper documentation so we have applied to have them gazetted," he said.

Moono said an executive lodge in Roma - Best Home Lodge - and a house in Olympia residential area had also been placed under a restriction order following the investigations.

Moono said another lodge in the same area was still under construction by the same government official which had also been put on restriction.