The Zambia Youths in the Fight Against Corruption wishes to bring to the attention of the Zambian public the reality of emerging State Capture in Zambia which if not checked, would lead to the collapse of vital or important institutions in the country.
Firstly, State Capture is a broad concept which refers to institutions of government, usually, such as the Judicial sectorial institutions, security wings, Civil Service in important government departments and in extremely rare cases defence sectors’ failure to uphold institutional integrity or integrity of institution, thereby failing to operate independently and within the ambience of the law by which such institutions were
created and defying the purpose for which they were composed.
This gradual decay of institutional values often takes place at two stages, individual and corporate in
terms of key officers that dedicate towards the advancement of an agenda of a particular entity which could
either be state actors or non – state actors or a combination of both who engage in a straggle to tilt political
or economic power in a particular direction, to the benefit of a defined elite sector of society.
The Zambia Youths in the Fight Against Corruption has made with keen interest careful audit of some
institutional conducts that if not checked are of the potency to make such institutions to slide or fall victim
to State Capture.
For instance, the recent engagement between the United Party for National Development (UPND) and the
Judicial Complaints Authority (JCA), in which a position was held to the effect that the Constitutional
Court in regards to the Presidential Petition Case by the United Party for National Development didn’t
exhaust the 14 days as prescribed in the Constitution of the Republic of Zambia in hearing the matter. The
Judicial Complaints Authority is a body created by the Judicial Complaints Authority Act to deal strictly
with allegations of professional impropriety against judicial officers, it’s not in any sense an appellate court
authority of any kind by law and existence. Therefore, the engagement and the subsequent position by the
Judicial Complaints Authority, although this engagement was of no legal consequence, however, was ultravires
the law, meaning was beyond its legal mandate in terms of the purpose for which it was created and
with due regards to the fact that the JCA made itself available to a process of reviewing salient elements in
a matter which was heard by a court of rightful and one exercising final jurisdiction.
Another classical example is the conduct by the Financial Intelligence Center (FIC), which made
engagement with the public in respect to its captured intelligence information defying the law by which it
was created and within which it ought to operate, the Financial Intelligence Center Act 2013 as Amended
in 2016, thereby reducing itself to operating like a pressure group or whistle blower, contrary to the scope
of its legal mandate.
Finally, if such matters are not kept in check can lead to the gradual collapse of institutions, the general
degree of failure to observe the law and the net effect being what is referred to as a failed state because
state governance is firmly encored on constitutionalism, independence and power equilibrium of
Zambia Youths Association In The Fight Against Corruption