The Anti Corruption Commission (ACC) says it has no intention to prosecute Labour and Social Security Minister Fackson Shamenda for failing to report a bribe offer within the 24 hours stipulated by law.
There have been increasing calls for the ACC to prosecute Mr. Shamenda for failing to report an alleged bribe offer by a Dangote official within 24 hours in line with section 39 Sub-section 1 of the Anti Corruption Act No. 3 of 2012, with the latest call made by prominent Lawyer Sakwiba Sikota.
ACC Spokesperson Timothy Moono told Qfm news that the Commission has based its position on the same Section of the Act.
Mr. Moono said the ACC is relying on the provision of Act which stipulates that a public officer is protected from prosecution provided the public officer gives a reasonable cause for not reporting the bribe offer which Mr. Shamenda did.
Mr. Moono said the commission would not similarly prosecute a person who fails to report such a bribe offer to the commission if doing so is hindered by distance from the place where the offence occurred to the nearest ACC office or Police station.
Last week Public relations manager at the Anti corruption commission- Timothy Moono issued a press release in which the Commission encouraged all members of the public and public officers alike to report all cases of alleged or suspected corrupt practices timeously, referring to Section 39 (1) of the Anti- Corruption Act No. 3 of 2012 which states:
Public Officers are particularly required to make a full report to the ACC or the Police, of any gratification corruptly given, promised or offered to them within twenty- four (24) hours of the occurrence of the event.
Failure to do so without reasonable cause, amounts to an offence on the part of the public officer who is liable, upon conviction to a fine not exceeding two hundred thousand (200, 000) penalty units or to imprisonment for a period not exceeding two (2) years, or both.
Seems the A.C.C got their ‘nickers’ twisted in a knot. Make new laws- in a local language if need be so that the English laws the colonialist left us doesn’t confuse you further
This story is like HH, no chance of reaching the conclusion some people want it , and the quicker we move on and talk of the vast investments, University Schools and the collectively £3bn the Chinese government has now invested in Zambia all because of the confidence they have for the person at the helm the better.
My point is, this is water under the bridge now.
Both the ACC and Shamenda and the Nigerian company MUST be forgiven I am sure they regret how this saga has sadly developed
OOps I almost forgot, contrary to what Wzlu and other cadres will tell you the President is doing just fine.
Thanks
Shamenda ‘s case has just been shelved. It will definitely be opened by the next responsible government.
Mulandu su ola.
Shamenda’s misery has been postponed. For now he should make sure that he bootlicks Sata’s…… really hard. Otherwise ACC and DEC will visit him at a later date.
The directive that the ACC should first seek and be granted permission from the President before any Minister is investigated and/or prosecuted for corruption has not been revoked and is still in force hence this unwillingness by the ACC to take this matter to its legal conclusion. Recall the dressing down they received when they attempted to interview WK for corruption allegations?
Folks
Its total madness to expect corrupt organisations like ZP, ACC and DEC to pursue criminal politicians without Sata ‘s authorisation.
Let me jog your memory a bit. In 2013, Sata told ZP ,ACC and DEC not probe any of his ministers for any criminal offences without his permission.
Sata himself is the biggest criminal .
Wanzelu,
Shelved for now, because mlandu ci-uola. PF can shield him, but when the real democracy comes in, the rule of law shall take its course. The unshaken will be shaken. Just time, remember this Wanzelu.
@Ex-Moma of Kenya, first change name, we know Ex-Moma of USA don’t like writing sexual stuff.
Shamenda is a gentleman, it is bad to start using your nickers on his story. We had sensible stuff to comment on ACC, but now you twist our minds to imagine how you walking in that twisted G-string.
@Nostradamus
Ndiwe mambala iwe. Wayamba kuchita extrapolate @Ex-moma. Unamisa ibalako. Anatengedwa kalekale mange.
what distance when the offense took place with Lusaka? ACC you are full of selective justices. You are simply telling us that in this country we have two laws systems one for the ruling class and one for the rest.
“Public Officers are particularly required to make a full report to the ACC or the Police, of any gratification corruptly given, promised or offered to them within twenty- four (24) hours of the occurrence of the event.”
“Failure to do so without reasonable cause, amounts to an offence on the part of the public officer who is liable, upon conviction to a fine not exceeding two hundred thousand (200, 000) penalty units or to imprisonment for a period not exceeding two (2) years, or both.”
@Moono, did I miss something here? what the fcuk is Shamenda’s reasonable cause? Admit it, ACC simply doesn’t have the balls to prosecute a pf minister, period.
Will ACC prosecute him for getting discounts from Game Stores…? Am just asking. Ba mudala balisebana..(the mudala was embarassed) that is why he was proactive over the Dangote case….he learnt a lesson.
What else would you expect from this criminal organization called PF.ITs a norm to steal.Fya ba mumilopa.
@sido mark ati ..’fya ba mumilopa’ ninshi’ muleba ba HH?? Kaili HH alikwata reputation ukwiba.
this case and many others (Kabimba, GBM, Kambwili and Shamenda’S cases before ACC) is proof enough that Zed is an Animal farm where some animals are more equal than others,
Why would he be arrested for sound the trumpet loud over an attempted bribe? The fact that he handed the issue immaturely (like most Zambians) does not make him guilty of anything. What if he was telling the truth what then? It’s like asking a witness to testify against a robbery who apparently is deaf, stammers and can not express themself eloquently, because their testmony is so messy and the robbers are powerful, their testimony is considered nul and case is thrown out. Would you then deem the witness guilty and part of the gang?
Besides those calling for the arrest of this man have kind of personal interests therefore, making this issue useless! If you have hard evidence over why this Guy should be thrown to THE Lions apart from childish zambian vengeful cries Phds then Bring it!
@Cidy…
…u missed the whole debate my dear, the issue at hand is that the bizarre law stipulates that any bribery or attempt must be reported to the authority within 24hrs…but your mentor reported(that is if he ever did)several weeks after the incident which is against the law hence the call for his arrest….its nothing to do with the ‘trumpet’ thing….. clear??
we are now being told that further on that clause, public officers are exempted from prosecution as long as they give a ‘reasonable’ reason for not doing so of which some of us are still waiting for that ‘reasonable’ reason……….
@ The scrutinizer,
Pardon my ignorance, am assuming he had hard evidence as to why he couldnt bring the matter to the police while I believe ACC acts rationally unlike “normal” citizens! You may have a point their ( reading BTWN the lines) in your comment, People get tired in seeing “slow and mellow action towards politicians. Otherwise , the is neither my acquaintance nor my mentor just being fair and rational thereby giving him à benefit of double. On the other hand I also have my suspicions that Acc could have an idea that he may have told the truth but efforcement orgs hndle issues sanely than angry citizens who would love Swift panel beating! Anyway… We will never know!
@Cindy
I hold you in high esteem. please do not let me down this time around over Shamenda ‘s failure to report a corruption case within 24 hours as required by the law which PF passed in 2012.
Shamenda himself voted for this law to show that PF will be tough on corruption and yet it has proved to be a bunch of corrupt criminal gang.
Why did he not follow the law? Was he trying to blackmail Dangote?
Dangote is a big guy, only a responsible government can take him down on corruption not these PF minions. He can divide and rule PF if he wants because he knows their weaknesses.
Shamenda should thank Dangote for sparing him his job. Otherwise he would he would have given, Chikwanda, and Lungu $50 000 each, then Sata $300,000 to get Shamenda dropped.
@wanzenlu,
Am not saying dude should be let free if guilty of anything, my opnion points vingers to the ACC, am pretty certain someone has a clue to the puzzle, my suspicion is…… ACC is afraid of pressing him hard as there are other notes interconnected here, you untighten one the rest come falling, the ball may not even be in ACCs hands as we speculate! They have all the details we dont,therefore, we could push hard however we like, but who are we anyway? All in all, we Will never know like we have never known in most cases!
Oops! He is one of the sacred cows and the untouchables! Hands off!
…that’s what u would call archaic laws…..I blame LAZ…
..what distance are we talking about with vast technology at our disposal…phones, e-mail, etc Transport nimbwee………LAZ is supposed to be on top of our laws of the land. They are suppose to identify such weird, bizarre laws and trigger an appropriate amendment… That should be their priority key result area/accountability/responsibility
Rubbish!!!!Does reasonable cause include’ ignorance’? and who decides the reasonableness -ACC? this is the nonsense zambians are exposed too – don’t take us for granted. – equality before the law.
but shamendas reason not to report is not reasonable, mwapusekeni mbuya. kikikiki, ‘apafuuka chushi, tapatebeta Lesa,’ my cousin always say. kikikikiki
This is corruption in it self
I am very disappointed by both Shamenda and ACC. Can hon. Shamenda prove beyond reasonable doubt that he was going to be bribed or he wanted to be bribed? The minister should keep quite talking about this issue because he has failed to be a shining example. Buying lunch for a minister is not a sign that someone is going to bribe him. It is normal in business setting.
This is just reflective of our law-making processes. We run our mouths and propound and propagate then exude laws that are not attainable when they are rolled out. Just look at the VAT debacle playing out right now. Ask any sane government and they will laugh you off your rockers. Let’s get serious and begin to run real models before we enact our laws – or at the very least let us realize that AMENDING a law or REPEALING a law must not be taken as an embarrassment! Awe mwe! Can’t we do ONE THING RIGHT FOR ONCE IN OUR FCUKING LIVES??
Shamenda is just trying to get away with the charges laid on him. therefore , he has been pumping Guy scott’s moiist and shagggy botttom with full force. now guy scott is trying to negotiate a deal with A C C to forgive Shamende after experiencing wonders. Eva-ns Mf-ula at Eva-duco reporting live from the streets of Lusaka
Ba PF yaba,muleisebanya chabe
Shamenda is a useless chap. he was our truck driver at evaduco ltd. evans mfula live from lusaya
We all know that what was given was to small next time dangote should learn to give like game stores.
I remember when I was a boy in secondary school in the late 90’s watching a Nigerian movie and a character made a comment along the lines of: ‘What value are the laws if those who make them are the ones who break them at will and the most’? I can’t remember the movie and the character but to this day I remember the lesson in the story.
Shamenda is a law maker, yet he is breaking the very law he has made and he’s being allowed to get away with it.
What “reasonable cause for not reporting the bribe offer” did Mr Shamenda give again? Was he even interviewed at any time by the ACC to give this alleged ‘reasonable’ cause? He told us the bribe offer happened in Lusaka so he should have been close to the ACC headquarters. Zambia will never develop!
@ Maverick
Perhaps severe medical condition going by name of acute dementia?
Either that or they have been denied ‘permission’ to investigate a minister.
No Shamenda should be investigated and arrested if found wanting by the law. The law is the law, you break it you should be arrested, why arrest poor mothers and sentence them to 10 years for selling 10 grams of cannibus, why arrest a poor grocery thief and place him in a cell where he dies in a fire? I love my govt but the legal system must change in Zambia.
@ 2020vision, good to hear some sense from you on this one… way to go buddy, sometimes you have to use your independent thinking rather than being clouded by cadreisim (if that’s even a word).