Unanswered Questions at ACC

By Mukwima Chilala

An alleged internal cover-up at Zambia’s anti-graft body, the Anti-Corruption Commission (ACC), has come to light, involving the disappearance of over K700,000 that had been seized as exhibit money in a high-profile bribery case.

The case dates back to 2020, when a mining company allegedly attempted to bribe a Zambia Revenue Authority (ZRA) officer with K1 million in exchange for writing off a tax debt.

According to court documents obtained by MakanDay, Peter Samboko, Managing Director of All Company Zambia, allegedly offered the bribe to a ZRA official in the Debt Recovery Unit as inducement to reduce the company’s outstanding tax liability.

The attempt was reported by then ZRA Commissioner General Kingsley Chanda, prompting a sting operation by a combined team from the Zambia Police, ACC, and ZRA at StayEasy Hotel in Levy Mall, Lusaka. Samboko was reportedly arrested at the scene, found in possession of K1 million cash in a bag.

The money was seized and secured in the ACC’s exhibit safe.

However, despite the bribe money being collected as evidence, Samboko was never prosecuted.

Two years later, it was discovered that most of the exhibit money had gone missing—only K295,000 remained. The ACC failed to provide a clear explanation, and no transparent investigation was carried out to determine how or when the funds disappeared.

In response, two ACC officers—Clement Chansa, an investigations officer, and Paul Phiri, the exhibit officer—were charged and later convicted by the Lusaka Magistrates’ Court, despite the case lacking solid evidence.

They were convicted of theft by public servant, contrary to Sections 267 and 272 of the Penal Code, Chapter 87 of the Laws of Zambia.

Chansa appealed and was acquitted by the High Court, which found there was no evidence linking him to the offence. His co-accused, Phiri, is still serving a prison sentence—raising concerns that he may have been used as a scapegoat.

A panel of three judges—Justices Pixie Yangailo, Ian Mabbolobbolo, and Sililo Siloka—on November 20, 2024, found, among other things, that the lower court had erred both in law and in fact when it concluded that the prosecution had proved the case against Chansa beyond reasonable doubt. The judges noted that the record showed no evidence to establish the material and essential elements of the offence for which Chansa was convicted.

Despite being cleared, Chansa has not been reinstated or compensated. Both ACC management and the board have ignored his appeals for reinstatement.

ACC board chairperson Judge Evans Hamaundu, speaking through the commission’s director of investigations, Raymond Chibobola, confirmed that theft of exhibits had occurred within the institution. He assured the public that the Commission has since implemented measures to prevent a recurrence of such incidents.

However, neither Chibobola nor Judge Hamaundu could explain why Chansa has not been reinstated despite being acquitted of all charges.

Samboko was never formally charged, and neither he nor his company, All Company Zambia, was included in the theft case before the courts.

According to an insider familiar with the matter, corruption allegations involving Samboko were dropped after he disappeared and abandoned his post.

The insider revealed that there had been an attempt to settle the case out of court—an application the Commission strongly opposed.

However, the ACC was unable to proceed with the case, as Samboko has since vanished and remains untraceable. The matter has now been closed due to his disappearance.

MakanDay has also been unable to locate Samboko, who appears to have erased all traces of his digital presence.

Brighton Tembo, Executive Director of the Community Action Against Corruption Commission, says the case raises serious questions about the ACC’s integrity and casts doubt on its commitment to the fight against corruption.

Mukwima is a journalist based in Lusaka