SAVENDA IN CRISIS

And now, Mr Clever Mpoha, the director and shareholder of Savenda Group of Compa nies has reported the ACC to the Attorney General for vio lating his constitutional rights to be heard in the courts of law and for placing restrictions on his bank accounts and businesses.

Mr Mpoha through his law yer, Mr Sakwiba Sikota of Cen tral Chambers has threatened to institute legal proceedings against the State and seek gen eral punitive and exemplary damages should the ACC con tinue denying him his rights to be taken to court after being arrested in August this year.

The ACC had arrested Mr Mpoha on August 17, 2022 for corrupt practices involving US$927, 448 and charged him with three counts of corrupt practices.

Immediately after his arrest, the ACC issued a statement to the effect that Mr Mpoha was going to make his first appear ance in court on September 6 but that it had not commenced the court proceedings.

Yesterday, the ACC again failed to take the case to court as it was not ready to com mence court proceedings.

And now, Mr Mpoha through his lawyers has demanded that he should be taken to court so that he could be heard because he was being denied his rights to his accounts and businesses which have been restricted.

In a letter dated October 6, 2022 addressed to the Board Chairperson of the ACC, Mr Mpoha complained that in be tween his arrest and yesterday, he had been summoned to the ACC offices and interviewed over matters he had been ar rested on.

He said it had become clear that the ACC had effected his arrest before they could con clude investigations and that it was still investigating the mat ter which was against Article 11 and 18 of the constitution.

“Our client was charged al most two months ago and he has not been afforded a hear ing within a reasonable time. The protection of the law pro vided for under Article 11 of the Constitution is therefore being cast aside and ignored. In other words we are not fol lowing the Rule of Law in Zambia.

“Our client has also been restricted from travelling out side the country and yet you know that the majority of his business is conducted on the international stage. This ham pers his ability to conduct his business and portrays a bad business environment.”

“By copy of this letter we are putting the Attorney General on notice that should you con tinue the violation of our cli ent’s constitutional rights, we shall be seeking general, pu nitive and exemplary damages against the state,” Mr Sikota SC said in the letter.

Mr Mpoha stated that the de lay in having his matter heard and continued restriction of his accounts were jeopardis ing the livelihood of over 800 people apart from hampering the ability of the companies to raise money to meet his tax obligations and payment of salaries for the workers.

“Whereas you have charged our client over a few hundred thousand dollars, you have restricted millions of dollars, which are more than ten times the amount in your charges. This certainly cannot be said to be just and fair nor can it there fore be shown to be reasonably justified in a democratic soci ety,” Mr Sakwiba SC said.