An Indian Pharmaceutical company has sued the government in the Lusaka High Court to challenge a decision by the Anti-Corruption Commission (ACC) directing the Ministry of Justice not to pay it a judgement debt in the sum of CHF 117 million.
Sun Pharmaceutical Limited is seeking the Lusaka High Court’s permission to extend time within which to apply for judicial review to enable it commence proceedings against the Attorney-General and ACC.
In an affidavit in support of the application, Webster Kayope of Messrs Simeza Sangwa & Associates in conduct of the matter stated that the High Court in cause no. 2007/HP/329 initiated by Development Bank of Zambia (DBZ) and Attorney-General against Sun Pharmaceutical Limited ordered the State to pay sum of Swiss Francs (CHF) 14,440,815.27, plus interest and costs.
Kayope stated that in a letter dated September 27, 2023, the Ministry of Justice did admit to owing Sun Pharmaceuticals Limited a sum of CHF 117, 323,378.45 as at August 31, 2022 following accrued interest.
He stated that after some months, the applicant wrote to the Ministry of Justice Permanent Secretary about the payment of the judgment debt.
“That in response to the said letter, on February 7, 2023, the Ministry of Justice informed Sun Pharmaceuticals Limited that it was unable to settle the Judgment debt because it had been directed by the Anti-Corruption Commission to remit all scheduled payments in this matter to an Escrow Account pending the conclusion of its investigation,” he stated.
The applicant submitted that it be allowed to commence judicial review proceedings against the respondents.
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