By MakanDay
Former Zambia Medicines and Medical Supplies Agency (ZAMMSA) Director General Victor Nyasulu is expected to take plea before the Lusaka Magistrates’ Court today in a corruption case linked to the agency’s controversial mop-up procurement of medicines and medical supplies, a process previously examined by MakanDay.
The prosecution’s allegations arise from a procurement exercise launched by the ZAMMSA in December 2023 to address nationwide shortages of essential medicines. The exercise, which involved contracts worth hundreds of millions of kwacha, was later dogged by allegations of irregularities, including concerns over bid submissions, contract awards, supplier selection and compliance with procurement procedures.
MakanDay’s investigation published in October last year revealed questions surrounding the procurement process, including discrepancies in bidding records, concerns about the participation of certain suppliers, and internal findings pointing to weaknesses in oversight and due diligence.
Nyasulu is jointly charged with former ZAMMSA Director of Supply Planning Nalishebo Siyandi, Director of Procurement Habadu Nchimunya, and medical doctor Dr John Kachimba. The matter is before the Chief Resident Magistrate’s Court in Lusaka.
The accused face several counts of abuse of authority of office, contrary to Section 21(1)(a) as read with Section 41 of the Anti-Corruption Act No. 3 of 2012, as well as willful failure to comply with the law and applicable procurement procedures under the Public Procurement Act.
The corruption-related charges are based on allegations that the accused abused their official authority in the award and approval of medicines procurement contracts and, in some instances, failed to follow procurement procedures required under Zambia’s public procurement laws. The offences are alleged to have prejudiced the interests of the Government of Zambia and other bidders.
According to court documents seen by MakanDay, prosecutors allege that between December 2023 and December 2024, Nyasulu, Siyandi and Nchimunya abused their authority by approving a contract awarded to Lumumba Pharmaceuticals Limited despite the company allegedly submitting its bid after the official closing date. The prosecution argues that the decision prejudiced both the Government of Zambia and other bidders.
The allegation mirrors concerns raised during the mop-up procurement exercise, where internal documents reviewed by MakanDay showed that Lumumba Pharmaceuticals was initially listed among companies that had not submitted bids but later appeared in a due diligence assessment conducted after the procurement process.
In another count, the prosecution alleges that the three officials approved contracts exceeding the acceptable threshold established through price reasonableness analysis, contrary to procurement regulations.
Nyasulu is also accused of authorising the receipt of medicines and medical supplies from Cube Pharmaceuticals without following mandatory tender procedures.
Separately, Siyandi is accused of initiating the mop-up procurement exercise using supplier-quoted stock quantities rather than verified national requirements, a decision prosecutors allege was prejudicial to government interests.
The state further alleges that Nyasulu, Siyandi and Nchimunya approved contracts awarded to Cube Pharmaceuticals, Yash Pharmaceuticals and VL Healthnet Limited without any evaluation process having been conducted, contrary to provisions of the Public Procurement Act.
Dr Kachimba faces a separate charge under the Medicines and Allied Substances Act No. 13 of 2013. Prosecutors allege that on November 9, 2023, while serving as Acting Permanent Secretary in the Ministry of Health, he authorised a waiver of market authorisation requirements for medicines, medical supplies, anti-cancer drugs, adjuvants and reproductive health commodities procured under the mop-up exercise.
At the time, Dr Kachimba, then Medical Superintendent at the University Teaching Hospital, was serving as Acting Permanent Secretary for Administration during the absence of substantive Permanent Secretary Christopher Simoonga, who was reportedly in India for medical review.
Under Section 39 of the Medicines and Allied Substances Act, medicines and allied substances are generally required to obtain marketing authorisation from ZAMRA before they can be placed on the market. The requirement is intended to ensure that medicines supplied to the public meet prescribed standards of quality, safety and efficacy.
The charges come against the backdrop of wider governance challenges at ZAMMSA. MakanDay’s investigation documented persistent leadership instability at the agency, with multiple director generals serving in quick succession, concerns over political interference in procurement processes, and questions over the transparency of medicine procurement worth hundreds of millions of kwacha.
Nyasulu’s appearance today is expected to mark the formal commencement of proceedings in a case that could have significant implications for accountability, procurement oversight and governance within Zambia’s public health system.
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