The Anti-Corruption Commission has said Section 22(b) of the Electoral Act does not solely require a criminal conviction to enforce barring a parliamentary candidate whose elections have been nullified due to corrupt and other illegal practices.
There has been controversy on whether Dora Siliya whose seat was nullified by the Supreme court should be allowed to recontest her seat.
Recently The ZNBC evening news of 6th August 2013 aired Hon Wynter Kabimba, Minister of Justice, revealing that he had instructed PF lawyers to “engage” the High Court to act to stop certain opposition MPs from standing in the forthcoming bye-elections.
Minister of Home Affairs Edgar Lungu also recently said there were candidates that must be “acted upon” by the ECZ following massive corruption allegations as Dora Siliya, Maxwell Mwale and Mtolo Phiri, who all lost seats at one point or another due to evidence of corruption.
Filing of nominations for the Petauke Central and Malambo Constituency that are hotly contested takes place tomorrow.
Below is the Full Press Statement by ACC
The Anti-Corruption Commission (ACC) would like to clarify its position on this matter in light of the recent debate and queries from the media on the same.
JURISDICTION OF THE ACC
In terms of section 35 of the Anti-Corruption Act No.3 of 2012, the Commission’s jurisdiction to investigate and prosecute electoral corruption is limited to corrupt practice by way of bribery only as prescribed under section 79 of the Electoral Act No. 12 of 2006. In line with its mandate, therefore, the Commission has studied eight (8) Judgments and picked only two for further investigations in order to establish whether sufficient evidence exists to prove a case beyond any reasonable doubt as required in a criminal prosecution. These investigations are currently ongoing and the time factor will not have an effect on the prosecution of offenders provided sufficient evidence will be gathered as aforesaid.
DISQUALIFICATION FOR ELECTION
With regard to disqualification of persons from election on account of electoral corruption, the Electoral Act No.12 of 2006 Section 22 (b) states that:
“any person who is convicted of any corrupt practice or illegal practice or who is reported guilty of any corrupt practice or illegal practice by the High Court upon the trial of an election petition under this Act shall not be qualified for election as a member of the National Assembly for a period of five years from the date of the conviction or of the report, as the case may be”.
It is the Commission’s considered view that there are two scenarios under Section 22(b) of the Electoral Act where people whose seats have been nullified for corrupt or illegal practice in an election petition can be disqualified for an election for a period of five years.
The first scenario follows a conviction resulting from a criminal investigation and prosecution for corrupt or illegal practice as provided under part vii of the Electoral Act.
The second scenario follows a report on the corrupt or illegal practice proved during an election petition. In terms of Section 104 of the Electoral Act, the report is made by the Registrar of the High Court to the Electoral Commission of Zambia and the Director of public Prosecutions. It is the Commission’s view that this scenario does not require a criminal conviction to enforce.
The practice of fielding candidates whose elections have been nullified due to corrupt and other illegal practices should be strongly discouraged as it promotes corruption during elections. The Commission would therefore like to advise all Zambians to desist from engaging in corrupt and other illegal practices at all times including during elections and to uphold values of integrity.
CONCLUSION
There is need for all players to be proactive in dealing with corrupt and illegal electoral practices. In this regard, the Commission will pursue cases of alleged electoral corruption that relate to its mandate under section 35 of the Anti-Corruption Act as read with section 79 of the Electoral Act.
Timothy Moono
PUBLIC RELATIONS MANAGER
FOR/ DIRECTOR GENERAL
How can Governmental bodies be busy challenging each other in the press. Why can’t the legal minds in both the ACC and the ECZ meet, discuss and issue a joint statement on this matter? Was everyone asleep until TIZ spoke out or was TIZ hired to speak out?
Why has she become relevant all of a sudden?
Does she have ACCA, CIMA, MBA, Msc, Bsc in Applied Accounts, 27 points O level, Is she doing her PhD?
LT, let her stay irrelevant in the political world please
That’s what I thought.
Thanks
I have a few questions for PF sympathizers:
1.) Is there any precedence to this type legal conundrum?
2.) Why is there selective application of this law to only MMD members? What about Masumba who was found guilty of forgery. What about the corrupt way Sylvia Masebo was elected into Parliament. This thing will come back and bite PF right in the A*ss.
3.) I think this law requires that the person in question should have been “directly” involved in a corrupt practice and not any of the campaign team. And if that were the case Dora and Mwale would actually have been arrested by the police. Also the ACC has power to arrest. Why are they not arresting? Answer: No direct linkage to corruption.
Mop well advised,ACC,ECZ,JUDICIARY take note
The difference between stupidity and genius is that genius has its limits and is easily corrected. I don’t know about stupidity…….
Winter Kabimba and how he is using the ACC is clear for all to see. But this dangerous precedence they have embarked on citizens lose confidence in these institutions, hell will break loose and open….Another Rwanda. And where is Judge NGOMA, and Winter Kabimba with oil deals ,behind bars ? ..
USELESS ACC hands off elections and usurping ECZ powers ….
Dora Siliya has made Zambia SHAKE! Pipo are busy interpreting the law just because of Dora. Well done Dora!
@ mugshota you and her have one thing in common…a grade 7 certificate
Mushota, this is your self-appointed nachimbusa speaking. Today’s Lesson:
Ule ichefya pacintu bwingi. Pali aba kuchilile icine cine pano. Chindika abantu nobe baku cindike.
napela nine na chimbusa wobe.
@Mushota, she has a Master’s Degree from University of Cambridge in the UK
Mushota uli chipuba! Waba malepe!
Is Greasy Dora such a threat to you PF shame on you, woment intimidation Aha?!
she is likely to be voted in by low information voters who disregard all reason and laws
@cindy
I thought i was the only one wondering why and how is Dora all of sudden such a massive threat to PF!!! Is it because of her greasy face?? or her bokosi? or what? is there some thing am missing?.. surely PF should be celebrating Dora should be a weaker MMD nominee here…
Madam Dora,God is scattaring your enemies
Its regrettable that our democracy is slowly being eroded and trampled on in such a manner. Its clear that the ACC has not mandate, no direction and are trying to justify their existence by making statements which they think learned Zambians do not understand. The thing is we do understand and we don’t share the view of the pathetic fools running our beloved country. If the was a genuine case of corruption it should have been prosecuted in the court of law. As far as we can gather, its one rule for the pathetic fools in government and another for ordinary Zambians. Warning to all you in public office is come 2016, you will be dragged before a sturdy judicial system and asked to explain your actions…every knee shall bow and every tongue shall confess. We will reclaim Zambia again!
Are you saying Dora was not voted in fraudulently? ACC clarification on this issue is actually very timely and clearly you are not learned enough to understand it! Just in case you think there will be change of Government, then you have another thing coming! Let those that stole from us bow and confess now! Do not support the corrupt if you are a true patriot!!!
Darcey. These chaps are not patriotic. Dora is probably a standard measure for a decent and morally upright Zambian and they worship her and would encourage their own children to be like her! Shameful really
@Darcey
The ACC should and do have the mandate to have an interest in any matter involving “corruption”. That is, if not there only mandate. I did explain the reasoning of the Law following yestersdays article and the above is no different to what I said except for these guys opting for DPP instead of ACC (which I think is wrong). There are clearly 2options covering both civil or quasi criminal (where the ‘reported guilty’ plays its part) and criminal (where the ‘convicted’ plays its part). The only issue and question here is: Did Dora and Mwale “Act corruptly” or were they AWARE of currupt activities in their campain? Its not a question of PF being scared or picking on Dora but The Rule of Law. Although everyone has been asleep until TIZ woke them up.
@Darcey… Thats why I said if there was a case of corruption it should have gone to court for prosecution end of. What we have is the current regime meddling in the affairs of Judiciary and home affairs when they should concentrate on delivering what they promised the zambian people. Its about time they stopped random threats and allow for separation of powers to exist without interference as is the case. This ruling regime has many convicted criminals working in senior government roles and yet they have turned a blind eye to that, its not about a specific individual, its the application of rule of law in its entirety and fairness….wake up and smell the coffee, we shall reclaim Zambia and hand it back to its rightful owners…the Zambian people…. 2016 the year of reckoning.
But I hear Kabimba is a Lawyer, only hearsay! Can someone confirm plz
Yes Kabimba is a Lawyer who has never in his time won a case
Truely dictatorial manners frm PF . Who do we listen to for advice on electoral matters? Is it the ECZ or ACC? We are fastly going to dictatorship and away frm democracy tenents we hardly fought for . Zambia once a shining example on democracy is now a laughing stalk . Zambia is not Zimbabwe and we ll not relent until we uproot the vice
@Lombe,threats will never help u.Actually the opposite is the case with u. Why should u promote corruption .Educated f o o l! As long as the seats were nullified it enteils that, those candidate were corrupt .Abash ambingues laws! fire the id iots!
ECZ doesn’t want to be seen as if they were sleeping on duty that is why they are issuing all sorts of statements which do not make sense at all
Maybe they don’t want to look asleep, but my guess is that ACC is making these statements because Mr. Moono and others got a phone call today from WK.
…..the clue is in what you say: the statements “do not make sense at all”.
shame on kabimba and edgar lungu
It is good that these institutions are coming out openly to discuss these matters at hand. Bravo to the PF for letting the debate to flow unlike in MMD days. TIZ kudos to you as well for bringing this in light, otherwise we wouldn’t have known because most of the Zambians don’t read!!
Wina azalila …. Lets these PATHETIC FAILURES(PF) Block this one we see…PF is now in free fall . Back to your original position ..LOSERS
And what are you going to do? Spew your usual rubbish whilst hiding behind a keyboard? How can you support such a vile and corrupt person? Are you normal?
@ Darcey
Pipo just want to see things done properly and decently. I for one found Dora revolting in RB govt but equally I’m revolted at the way PF are treating her. Why is ACC not prosecuting Dora for corruption for they have the mandate to do so – instead they prefer to lean on ECZ and start interpreting electoral law which is not their mandate. Secondly, what about Kabimba alleged oil deals? What did ACC say about Masumba, Namulambe? Selective justice is wrong
I love the drama. A sense of panic on PF, but they will not manage to stop Dora, watch the space. It will be a war between Judiciary and other Governement organs…hahahah I love this
What is happening in the courts of law regarding Andrew, Henry and their dad tells you the kind of nonsense that was going on in mmd. You don have to be a grade seven to know the corruption and dirty money that was used in 2011 polls. Ecz was at the center of all this, they saw it all. I can’t believe that today Isaacs can say what is saying. They are all dirty, they need to be flushed out.
I agree 2011 election was flawed its not possible that Sata won. I demand fresh elections!
PVT earned victory for … the 2011 election was a sham I wonder why MMD and UPND did not petition!
Yes PF shud have petitioned against the whole 2011 election result – presidential and general! Too much corruption
Elias Chipimo – What is your take on this news from ACC?
I can confirm Michael Sata won the 2011 elections in a fraudulent manner.He cheated the Zambians that in 90 days he will put the constitution and there will have money in there pockets.Fred membe sponsored micheal Sata and in return he gave jobs to post newspaper workers,eg George chellah,Amos malupanga to mention a few.Isn’t that corruption?If you want peace in this country PF behave well,otherwise you will regreat your action sooner or later.
What a web of lies PF weaves for itself. If only they had been reasonable they would not have endured the confounding and agonies they are going through now. Life resists mediocrity, lies have short legs. Now PF can never win a seat anywhere in Zambia without resorting to rigging, intimidation, abuse and misuse of state power and institutions of the state. For goodness’s sake PF be reasonable for the sake of the common good of the people of Zambia and the whole community of civilized peoples.
I am convinced PF is a God given party.They really want justice to prevail in this country regardless of whoever is involved.Dora or whoever was involved in corruption will have to face the law.ECZ has been exposed and every one seem to be panicking.PF should have come to power 10 years ago and this country would have moved forward.
Dora and Max, the corrupt (mmd) looters & plunders must not be allow to stand by all possible means available.
Moono can you conclude Masumba ‘s case of stealing a certificate. He is on his defence and you cant loose that case. What you are saying does not make legal sense.
Yo Mushota what up my trolling friend!This chick got MA in Mass Com.How is ya shagging in the trailer going?Love your avatar but lose the hat,it makes you look old school.Peace yo!
I just had chow mein and you moderating my comment !You want to karate you LT hah!
Dora should go,What ever method used.She only comes to Petauke during campaign times.And drinking at Oga Lodge with a gang of parasites
what about the man who won in lukulu?
Why is this cry about dictatorship?
Let us just interpret the law.
Good lack to the Solwezi and Kafulafuta candidates who beat PF on a clean note. The PF has not raised any issues over the Kafulafuta and Solwezi seats because they know they lost honourably.
But for Dora, there was clear corruption full stop and the law must take its course as stipulated. Whether PF wins or loses the seat is not an issue but we who ever wins must be clean to be in that honourable house.
Isacs refer to Mabenga case whn he ws Mulobezi MP & abued CDF funds he ws bared frm contestng without convction since it ws proved by courts of his abuse.Now whts so special with with Mai bokosi Siliya & Mwale?U ve refrence case with u bt cant uphold!Why Isacs whts wrong with yr bedfelows MMD & u?
Dora is smart..she will get that seat again..viva !!!!!pf dunderheads..let it sink in you..
Why all this confusion now. Is it becoz of dora? Any way pointis that the judiciary will inerete the law. Hope some one uncompromized will deal with the matter.
middle finger
ACC is losing it’s integrity and looking foolish not too long ago they were talking
about looking into these nullification’s cases, now before they are singing a different song, this is confusing .
Lets solve this issue holistically. Masumba, Kabimba, GBM, etcetra, etcetra….. corruption is just that……… Corruption. Better clean your rear now than when you are out of the protective sheath of power.