The Law Association of Zambia (LAZ) says it is of the considered view that if indeed the land given to President Edgar Lungu by the Kingdom of eSwatini was a gift then this does not constitute a breach of Section 21(1) (b) of Anti Corruption Act.
The association says it has concluded legal research on the matter with the view to assisting the public on the interpretation of the relevant law in this matter.
In a statement to media yesterday yesterday, LAZ says it has followed with keen interest the public debate that has raged following revelation of the piece of land granted to President Lungu in the Kingdom of eSwatini, formerly known as Swaziland.
The statement states that in the absence of evidence that the receipt of the gift was preceded by some “abuse” of position or authority on the President’s part.
The association says to constitute a breach, and assuming the President is a public officer for the purposes of the Anti Corruption Act, one would thus have to prove the corrupt element in the act and whether by having accepted the gift, the acceptance was unreasonable or prejudicial to the rights and interests of the government or the nation.
The Law Association of Zambia insists that it is clear that there was no public disclosure by President Lungu of this gift prior to its discovery so much as to warrant questions around the purposes for its grant in the first place.
LAZ further states that consequently, as the gift has been received, it would be befitting of the President as a Head of State to relinquish the gift though received in his personal capacity to the nation or the Zambia Embassy in eSwatini.
The association is further of the considered view that there is need for a specific legislation or strengthen existing legislation on this issue of gifts to the office of the president and indeed all public officers has become pertinent in the country.
The Law Association of Zambia has since called on the Zambia Law Development Commission charged with mandate of law reform to lead the law reform in this area in conjunction with all stakeholders adding that the association pledges to lend its hand to such a law reform.
And I was vindicated by a lot of scoundrels. Here was my point. While society prevents unethical actions through laws but rarely makes legal provisions against inaction such as;
Not helping a dying accident victim on the road.
Some will argue – Prostitution (which is legal in only certain areas).
Although others might say: Two consenting adults, what is the problem?
Some will argue – Abortion, because the fetus is human.
In ECLs case, the Zambian constitution allows him (legal) to receive gifts equally the African morals allows one to receive gifts (moral) from a King/Chief or anyone as refusing a gift is considered a taboo, whilst the West constitution (legal to a certain amount) “may” consider it” immoral” as it breaks code of conduct and is unethical if you are holding an office.
The only wrong thing the President did was to keep it a secret i don’t know why it was not covered by the media.
“The only wrong thing”..Dude we are talking of someone breaking the law.Secret or public the President is not obliged to tell the nation what gifts he receives.Nothing to argue here or else argue with facts.
Granted as it may, consider other issues that have been raised- that the official statement from the Kingdom disputing the land in question came from them.
Also that it was a private property and the owners of this property are the ones being awarded tenders here to do roads.
Lastly, this was never declared or reported since our media are always there.
Surely, gratifications received by public officials from those we are giving tenders is against the law.
Lawyers have a tendency of self righteousness, believing in their own abilities to interpret the law by always find something to argue about. Mostly, they argue with themselves and amongst themselves; the right hemisphere of their brains saying one thing and the left hemisphere believing another.
Let us just get into the mind of morality,… what is right, and ask a simple question. Would this debate been on if King Mswati or whoever, had given this land to ECL before he was President of Zambia? Surely he has been given gifts before he went into public office which nobody has raised issues with.
If we answer this, we shall dump the Law Association.
LAZ is missing a point here. The King cannot give land which does not belong to him. That land is owned by a private entity and not the monarch.
God Bless Zambia.
That’s how we run this country while others just run their mouths or rather fingers on keyboards. Great edict by LAZ just like I mentioned once I read the details on this supposed eStwanigate!!!
However, I don’t agree with LAZ that the President has to surrender this gift to the Zambian public or its High Commission in that Kingdom. It’s a personal gift and it remains that.
Otherwise, go ask the Queen of Great Britain and Northern Ireland to also relinquish all personal gifts from the Commonwealth or better still ask the Bush Dynasty to relinquish theirs in Paraguay.
What Is Good For The Goose Is Also Good For The Gadder ~ Author Unknown
Your Honor … I rest my case.
This is the FAKE article, I don’t believe it written and endorsed by LAZ. Normally, LAZ president signs their contributions, at least when Kasonde was still President.
This article has not considered the fact that the gift in question is owned by a private company confirmed by the Land Registry in Swaziland. So is LAZ intentionally leaving this piece of information to mislead the opinion or to make their case sweet for ECL to hear?
How does LAZ explain the same laws not being applicable to CB Police Officer dismissed for getting a car as a gift
Why have they n9t mentioned the name of the person who as speaking on behalf of Lax. This is surprising I have never seen such a letter whereby no one is mentioned. Las is an Insititution which assigns a person on its behalf
This B R Mumba is really an empty chikopo… first why would you compare the Queen or King to a President? Is Zambian a ‘Kingdom’?
Second show me which land ‘gift’ the Queen of England has received and kept as personal gift? Didn’t you hear the recent news that Prince Harry and his newly wed wife Meghan are returning some gifts that were donated to them by companies as wedding ‘gifts’ over fears of being compromised? As an old grandpa, mate you should be thinking beyond your bush tribal inclination.
@ ‘What Is Good For The Goose Is Also Good For The Gadder’ which one is the goose here and the gander? You are really comparing a potential wrong done by someone another country as justification for Lungu to do that same wrong? And you really can’t be serious to compare this…
…And you really can’t be serious to compare this Lungu and your sh*thole country Zambian to those progressive countries like the USA or the UK… just look at the investigations Trump is going through, can such happen in Zambia? And haven’t you heard of American presidents who lost their jobs as presidents due to scandals and wrongs committed while in office… has such a thing ever happened in your sh*thole enterprise with the dumb people? Grow up mate and redeem yourself before you go to your grave.
And what about the fact that the land belonged to Inyatsi? Why are the PF empty tins avoiding this fact?
Pathoko ****…it’s not about the president “refusing to accept the gift.” The president can and should accept the gift, no matter how valuable it is. But he can’t keep it. It should go to the State. Many developed countries do it that way, including America. A President can’t keep a gift that goes beyond a certain allowable minimum value. A gift given to the President that goes beyond the allowable value goes to the State, and becomes State property. Once the president’s term is over, he can then have a chance to buy the property back from the State at market value, if he wants it. This prevents presidents from being corrupted, and using the public office for personal benefit. If Zambia doesn’t have a clear law like that, they need to have one ASAP.
Receiving a gift is fine except the president should have left such matters to be handled by the foreign mission in South Africa. Otherwise Mr President did not commit any crime except in the imagination of HH and Gary Nkombo and Chishimba Kambwili
If you see nothing wrong with a President receiving a gift in form of a plot in a foreign country from a foreign contractor with subsidiary in Zambia already awarded and bidding for GRZ contractors then there is something seriously wrong with…the corruption Act is very clear on this and LAZ can not even define what a public official is; when the man is clothed and fed by taxpayers and elected into office.
Gift ,kikikikiki hahahaha yaba my Zambia dununa reverse
Lungu is corrupt to the core! LAZ is compromised!
That land wasnt even a gift!
Government should change in 2021!
Yes, Government will change in that it will be a different stream of ministers but the same President and the same PF.
#3 Nigga, “LAZ is compromised!”. Another opposion idoit so called leader intials CK said the ACC should investigate. If they did and came to a similar conclusion like LAZ, ACC would also be “compromised” in the eyes of the same opposition idoits.
# ******* says “equally the African morals allows one to receive gifts (moral) from a King/Chief or anyone as refusing a gift is considered a tabo”.
There is your answer LAZ, it would be taboo and indeed rude and disrespectful to the King and people of eSwatini, for ECL to reject or return th gift. You notice also that the King by protocol and tradition cannot discuss this matter with the public, including and especially the jjjjjjjs of the upnd class of ……someone find a suitable description for me please!!
Finalkt, as I guided that tge operative term in the quoted ACC Act is “uses his position” to solicit the gift, did the President solicit the gift, obviously not it would not make sense except in the minds of the jjjjs in their own world of queer thinking Sejani style.
You, the land was not a gift from the king but from inyatsi ,according to the land registry in that country inyatsi own that land, who are contrators in Zambia.
If talking can promote a country’s development Zambia would have outpaced the USA. But unfortunately it doesn’t especially if it is used for political mileage. The citizenship nonsense is over, this land nonsense and others are over, can someone create us another story on Edgar before we fall asleep, please.
I totally agree with you @Ndanje Khakis. The Zambian educated elite, talks and moans too much. Powering of the country’s Development is left to the so called uneducated. What a shame!!!
Ndanje who have made my day! Another story please!
Spot on, Mr. Khakis!!
True batemwa uku bwatabwata fye
More like: “If corruption promote a country’s development Zambia would have outpaced the USA“.
See those who are saying that talking about the rampant amount of corruption and plundering of national resources by those entrusted with custody of these resources is wasting time are missing the point. You cannot thrive as an individual or as a nation in an environment where corruption is the norm. Zambia is 1000 light years behind the USA and other developed countries not because of talking but rather because of government officials’ corruption and poor governance. Unless you are connected to the elite, you cannot set up a successful business in today’s Zambia that can compete on merit for lucrative contracts. You have to either find money to induce and bribe…
…You have to either find money to induce and bribe officials if you want to even have a chance.
You see those countries you talk about their people are well informed and they too continue to talk about issues that affect their countries, debates like equal rights and minority freedoms. They have already stamped corruption by govt officials more than 100 years ago. Educate yourself my friends about the evils of corruption in a society, you will probably appreciate why we are probably not talking enough about it as a nation.
Ndanje Khakis and Duda, you two sound ignorant. Do you know how much talking about political issues goes on in America? Do you know how many news TV channels they have, compared to yours in Zambia? Do you know how many online news outlets they have in America? And nearly all these online news outlets include a comment section. Again, you sound ignorant.
The question is why hide something that you have received from the public eye more especially that you a President of a nation and on national duties? LAZ should not mislead the public with their diluted interpretation and leave it to the courts of law to determine. These days even in the work place ,there are conditions concerning gifts from business partners and calls for all gifts to be declared in the gift register. The nominal value of gifts to be accepted are clearly defined and if they go beyond a certain threshold, they should be returned forthwith. Why are we trying to promote illegality?
Since when did hiding a gift became an offence or illegal?
#6 Ndanje, agreed. JJjjjjs, Spakas and their principals are still thinking, maybe give them up to lunch time today.
They are busy calculating means to counter this.
Yes it may not constitute a breach of the Anti-corruption act but why was it not declared that very day it was offered to him as a gift? Honest question seeking an honest answer
Have you read what LAZ has said or you are quoting from your bible of misinformation, ZWD or Diggers???
Let him relinquish to to state .period
Or give to habit for Humanity
There is no land in Swaziland
Do the right thing sir
Can people google and read “mwebantu” an online publication of 30 May 2018 and hear what LAZ said. Who is cheating who kanshi?
The point is the land was owned by inyatsi, according to land register office.
Inyatsi are getting large contracts in Zambia……so for lungu to recive a land gift from them smells of corruption the same way a manger of a parastatal in Zambia who would recive a land gift from a contractor would be smelling of corrupt.
Lungu is only legalizing corruption and setting bad presidents in Zambia.
We only hope the next president will be one of morals and integrity to lead by example for others to follows.
#12 Spaka lilo: “We only hope the next president will be one of morals and integrity to lead by example for others to follow”.
Couldn’t agree with you more, so it rules out h.h as our next President.
Looks like our minds are beginning to meet.
Cader on record HH is not a fraud convict like lungu…..
Hehehehe cader…..can you say something on lungu defrauding a widow…..you seem to know a lot about character …..tell us of lungu and the fraud of the widow…
…h.h and others of course. That is why I say that the next President after ECL has not yet been identified. All we know without any shade of doubt is that it is not h.h or CK, or GBM. OR Mmembe or Mulongoti or Fresher Siwale……… kikikikiki now I am overdoing myself, ok lets stick to h.h!
A leopard never changes it’s spots, lungu was convicted of defrauding a widow, true to character , the man is the worst president Zambia will ever have….
People read the artcle again. Then tell me who said what is written on behalf LAZ. There is no mention of LAZ President or SG or any office bearer of LAZ being quoted in the article. I need professinal advice on the authenticity of the document.
@Khakis, I hear you my brother or sister. Instead of discussing development we waste time on issues that lead us nowhere.
First it was Edgar rigged, then he is sick he will soon die, then he is not eligible to stand in 2021, then he is a dictator, then his family is breaking apart, then he is a foreigner without any relatives. Now this land issue. On the meantime time is ticking.
I see Edgar winning with a wider margin in 2021.
Dear Ms Mary Tembo, former Copperbelt Police Commissioner, Kindly take legal action for wrongful dismissal in the matter where you were alleged to have received a Toyota Corolla from Griesly Mining. Your former boss has committed worse but LAZ says your former boss is clean – Ubomba Mwibala!
Malabishi… if they don’t have the complete information, why are they making a conclusion. And why are they ignoring the fact that the said land ‘gift’ actually belongs to Inyatsi, a company being given lucrative government contracts in Zambia? The story was broken by a news outlet and so all the information we have is based on the same news report so we can conveniently pick up some pieces of the report while ignoring the rest of the information. And according to the information we have:
1) The land belongs to Inyatsi, this is confirmed by the Land Registry in Swaziland;
2) Inyatsi gave the land to Lungu;
3) Inyatsi found designers who drew up drawings and estimated the cost of the house to be built by Lungu;
4) The Swaziland government denied the Zambian reports that the land…
…we can’t conveniently pick up some pieces of the report while ignoring…
Continued…
4) The Swaziland government denied the Zambian reports that the land was given to Lungu by the King and government of Swaziland, saying they have nothing to do with it; rather Lungu acquired the land through ‘private’ undertakings.
This is corruption all day long no matter how you want to sugar quote it.
And then there is the moral aspect and public perception… leadership, especially the President should not be seen to do things that erode public confidence; that may be perceived as corrupt and morally wrong. It may be legal but you could cannot use legal loopholes as President to do wrong stuff. Where I live politicians’ careers have been ended by scandals that may be legal but morally they are wrong. Again public perception and confidence are…
Alternative Facts Fake News …..
Respect to you and others like you calling for good governance in our country against a corrupt GRZ with no integrity……..without people like you the outside world will think all Zambians are corrupt theives…..
salute.
Continued…
Again public perception and confidence are just as important as law when it comes to politicians, let alone a President.
In other progressive countries, this guy would have resigned on moral grounds and/or called for an early elections or he would have been forced to resign or impeached or investigated for corruption.
With all due respect, there is conflict of interest here. The owners of the Swazi land Inyatsi are contractors who have been given large portions of contracts here in Zambia by the Zambian government. Why should the same contractor’s land be given as a gift? Smells like scratch my back i will scratch yours syndrome. So, the legal minds will interpret it with intellectual semantics while the analytical Zambian will look at the moral perspective of accepting that gift, all things considered. My opinion exactly.
You see the PF rats conveniently avoiding the fact that , according to the swazi land registry, the land given to lungu belonged to inyatsi, a contractor reciving large contracts in Zambia….
Out of interest, can someone list 3 recent or running contracts that Inyatsi have? My understanding before all this was that AVIC were the ones getting the major contracts in Zambia.
I used to see the Inyatsi name years ago, but not of late – at least not on the copperbelt.
Ndola Mufulira road is one.
LAZ made a very serious omission, they only discussed 1 recipient of the controversial land. What’s their opinion about the other? The admission that there’s no specific legislation to address this issue, the call to formulate that Law and the appeal to the recipient of the gift to surrender it to the State is an indication that something is wrong. The fact that there was no public disclosure means that there may have been ill intention.
… Well said @ Alternative facts. Supporters of fraud, theft and wrong doing have perfected the art of
‘burying one’s head in the sand’.
Further, if you begin to enact laws to moderate people’s behavior then the moral fibre of the nation is lost. The absence of the specific legislation to address the issue at hand is understandable because the framers of the Law always expected the person holding the office of President to be cautious in their actions. That need may only arise when they behave to the contrary
This country has been sold,simple
people. can we be for once serious and join hands in developing this great country. why do we dwell on things that will not help us in any way to uplift us. we always want to seem very intelligent and invisible. we are all only but humam. so is EL, HH and all those you think are small gods. they have their weaknesses and streangths just like u and me.
This hate only saves one purpose and will only increase your bitterness, but for what? your so called small god, who will never ever know of your existance. Man up!!