Former anti-corruption boss wins defamation case against Kaaba, newspaper house

The Ndola High Court has ruled that former Anti-Corruption Commission (ACC) Director-General, Thom Shamakamba, was defamed by lawyer O’Brien Kaaba and the Daily Revelation newspaper.

The court found that the defendants published serious allegations against Shamakamba without proving they were true or establishing that they amounted to fair comment on a matter of public interest.

The judgment brings to an end a lawsuit filed by Shamakamba in July 2024 after an article accused him of corruption, favouritism and incompetence during his tenure as ACC Director-General.

Although Shamakamba sought US$500 million in damages, the court ordered that the amount payable be assessed by the Registrar.

In his evidence, Shamakamba told the court that the publication destroyed a reputation he had built over 27 years as a lawyer and public servant.

He said the article portrayed him as a member of a corrupt syndicate who had failed in his duty to combat corruption.

According to his testimony, the publication quickly spread beyond Zambia through social media, prompting calls from colleagues and government officials in countries including Namibia, Ireland, Burkina Faso, Malawi, South Africa, Ghana, Côte d’Ivoire and the United Kingdom.

Shamakamba argued that the publication not only damaged his professional reputation but also caused him embarrassment before his family, colleagues and members of the public.

Delivering judgment on June 30, 2026, Judge Daniel Musonda held that the defendants had failed to establish that the publication constituted fair comment on a matter of public interest.

The judge found that the article presented allegations of corruption, inefficiency and favouritism as statements of fact rather than opinion, and that no evidence had been produced to substantiate those claims.

Justice Musonda further observed that the defendants failed to clearly distinguish between fact and opinion and did not call any witnesses to support their defence.

The court also found there was no evidence that reasonable steps had been taken to verify the allegations before publication.

The judge stressed that while public officials are expected to tolerate criticism, publishers have a duty to verify serious allegations before publishing them, particularly in an era when information can spread rapidly through digital platforms.

He held that, without such verification, the defence of fair comment could not shield defamatory publications.

The court entered judgment in favour of Shamakamba, ordered that damages be assessed by the Registrar, restrained the defendants from publishing further defamatory material about him and awarded him costs.

Following the ruling, Dr Kaaba said he would appeal the decision, arguing that it was inconsistent with established Supreme Court precedent on defamation.

He maintained that Shamakamba had failed to call independent witnesses to demonstrate that the publication had lowered his reputation in the eyes of right-thinking members of society.

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