Saturday, April 20, 2024

Auditor General should have powers to arrest-TIZ

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Transparency International Zambia (TIZ) in Kasama district has recommended to the Legal and Justice Sector Reforms Commission that the Office of the Auditor General should be given powers to arrest and prosecute people cited for abusing public funds.

TIZ Kasama district representative Mulenga Shula said the Office of the Auditor General is a very important institution in monitoring the usage of public funds but that it had no powers to arrest or prosecute those cited in its reports for abusing resources.

Mr Shula submitted to the Commission chaired by Solicitor General Abraham Mwansa who is the Vice Chairperson during a public sitting in Kasama today at the provincial administration conference hall that the Office of the Auditor General must be given legal powers to arrest and prosecute culprits without waiting for instructions from authorities.

“As TIZ we feel that there is need to empower law enforcement agencies to proceed with investigations on such matters as recommended by the Auditor General in the Reports, as they may arise”, said Mr Shula.

Mr Shula also submitted that the Public Order Act has been mismanaged by agents of the government that administer it because they have done so with bias against some sections of the society that might come into conflict with the law such as students.

Mr Shula recommended that the police officers that abuse the administration of the Public Order Act must be individually made accountable for their actions and that the Act must also be implemented fairly.

The TIZ in Kasama also recommended that the electoral law must be revised to members of parliament that lose their seats due to corrupt practices from re-contesting for a period of five years.

Another petitioner Titus Walima, 35, submitted that the contribution of the legal and justice sector to the development of the country has not been tangible because people in rural areas do not have access to justice.

Mr Walima said most rural people do not have an understanding of the legal system due to lack of civic education caused by the absence of the Legal Aid Board in the remote parts of the country adding that there was therefore need to decentralize the operations of the board in order to avail government lawyers to the less privileged.

The Commission is winding-up its two-day public sittings in Kasama district today with a visit to Mulima prison later in the afternoon before proceeding to Luwingu tomorrow.

10 COMMENTS

    • I second that, in addition they should be given powers to hang or behead or castrate convicted culprits (punishment depending on the level of abuse of public funds). maybe then can Zambia be cured from kleptomania.

  1. I THOUGHT THIS WAS INCLUDED IN THE DRAFT CONSTITUTION? WE NEED THIS AS STEALING HAS BECOME WORSE IN ALL MINISTRIES/PARASTALS AND GOVERNMENT DEPARTMENTS

  2. Office of the Auditor General is one of the only well functioning government entities in Zambia. Give her the power, you know which ministry shall be first to be snagged. Ministry of Lands, the dubious sell of land.

  3. This is nothing new, it’s therefore not news. We have been saying this even in the previous gvt, so I wonder why it is news today.

  4. Auditor and Prosecutor are two different professions. The problem is that our law enforcement (Police) is miles behind in terms of intellectual & professional competency compared to the auditors. Our Police seem more at ease going out to beat up peaceful demonstrators that tackling financial abuse issues of national resources. Our Police is not independent & cannot therefore work professionally, hence need to have prosecutors detached from Police command.

    • @ Dean,
      Well said. We shouldnt be tempted to give too much power to one office. Besides, you cant turn an accountant into a police or DEC. Besides, certain things that the auditors emphasise on are mere best practices in financial management.

  5. Then the name should be changed to ”Investigator General” and not ”Auditor General.” We have relevant government departments responsible for arresting and prosecuting officers found wanting. The problem is that such departments are not doing their work. We should not overload the Office of the Auditor General with functions of arresting and prosecuting. This may actually lead to inefficiencies. The role of an auditor is to pass an opinion on the financial statements. When an auditor detects fraud, relevant govt wings should act on such reports.

    • Almost well said, except to add that the role also includes general assurance, and therefore, cannot be expected to enforce any of its recommendations. Like Chisenga has said, we would need an Investigator General, if we already do not have one, to implement the AG’s findings and recommendations; not AG – otherwise that will be ultravires (sp). AG is a noble office and is present in every country with different names but same mandate, so we should not turn ours into a police force; let us preserve the profession and sanctity of the office.

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