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The Anti-Corruption Commission (ACC) has alleged that former ZAMRA Principal Regulatory Officer, Brian Kabika, abused his authority when he issued instructions for the issuance of a pharmaceutical licence to Honeybee Pharmacy.
This is according to documents filed at the Economic and Financial Crimes High Court by ACC in response to Kabika’s petition wherein he is asking the Court to quash the decision to arrest and charge him for wilful failure to comply with applicable law and procedure in the awarding of a pharmaceutical licence to Honeybee Pharmacy.
The anti-graft agency in its answer submitted that it was in fact proceeding to prosecute the petitioner for the offence of abuse of authority of office contrary to section 21 of the Anti-Corruption Act no. 3 of 202.
ACC confirmed to have received consent from the Director of Public Prosecution to prosecute Kabika for the same offence.
It stated that after investigations, it was established the petitioner instructed the licencing officer at that time to print out an original.
“The investigations established that Daki Chilembo, who was at the material time a licensing officer received instructions from the petitioner, who was her supervisor, to print a ” dummy licence” and after she printed the same, it was brought back to her by the petitioner with an instruction to “put an original”, ACC submitted.
The respondent stated that on January 18,2022, it invited the petitioner,?so a warn and caution statement could be recorded in relation to the issuance of the licence to Honeybee Pharmacy, but he opted to remain silent.
“That during investigations it was established that the petitioner was assigned duties under the directorate responsible for licensing, surveillance and enforcement and that one of his duties was the facilitation of licences, certificates and permits. That premised on the evidential documents provided and the witness statements recorded during the course of the investigations, it was established that there was a violation of the procedure as set out in the guidelines,” the respondent stated.
ACC submitted that according to the pre-licencing inspection report given to Kabika, Honeybee Pharmacy had not met all of the specifications required to be fulfilled before the granting of a pharmaceutical licence.
It stated that Zambia Medicines Regulatory Authority (ZAMRA) inspections were done following clearly set out guidelines namely, the guidelines for the establishment of a pharmaceutical wholesale business in Zambia as well as the guidelines for establishment of a pharmaceutical retail business.
The respondent in addition submitted that at the licensing, surveillance and evaluation internal committee meeting when honeybee pharmacy was evaluated, and the committee agreed that honeybee pharmacy had not met the standards for granting of a pharmaceutical licence.
The committee advised that Honeybee Pharmacy be given a letter of deficiencies.
ACC stated that it commenced investigation into the matter after it received a complaint on May 9,2020 against the manner in which Honeybee Pharmacy was awarded a contract to supply 50,000 health centre kits and drugs at USD17,000,000.00 according to an evaluation report of Tender no. MoH/SP/032/19.
“During investigations an analysis of printouts obtained from PACRA established that Honeybee Pharmacy was registered as a business name on April 14,2016, with sole proprietor a Imran Lunat,” it said.
ACC submitted to court that the petitioner was not entitled to the remedies he was seeking.
Among the substantive reliefs Kabika is seeking is an order for ACC to disclose, whether ZAMRA was paid by Honeybee Pharmacy US$189, 638.06 as five percent of the invoice value of health kits supplied to the Ministry of Health valued at US$3,792,761.28 since the Auditor -General’s report for the financial year ended December 31, 2019 was silent.
He wants a declaration that his purported arrest and charge by ACC on January 26,22 for a criminal offence of wilful failure to comply with applicable law and procedure under section 34 (2)(b) of the ACC Act no.3 of 2012 of the Republican law was unlawful, void and of no effect.
Kabika is also demanding compensatory, aggravated, and exemplary damages pursuant to article 13(4) of the Zambian constitution and a declaration that a person holding a pharmaceutical licence for wholesale cannot supply or sell health centre kits.
And for the court to quash the investigative wing’s decision to arrest and charge him on the said criminal offence and a declaration that the purported extension of a bond issued under section 57 of the ACC Act no.3 of 2012 of the laws of Zambia, every month, for over a year is unlawful.
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