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Sunday, September 5, 2021

McDonald Chipenzi wants Public Officers to Declare their Assets, the Constitution demands it

Feature Politics McDonald Chipenzi wants Public Officers to Declare their Assets, the Constitution...

Gears Executive Director McDonald Chipenzi has said that with the New Dawn government’s emphasis on transparent, accountable, and servant leadership, rule of law, and constitutionalism, public declaration of public officers’ assets and liabilities will be a demonstration of commitment towards accountable, transparent, and servant leadership, Zambians have yearned for years.

In a statement to the media, Mr. Chipenzi said that the constitution clauses and the relevant Acts of parliament on the declaration of assets and liabilities must be respected by all.

Mr said that further said that Article 263 of the constitution demands declaration of assets and liabilities for outgoing and incoming public officers and that it is, therefore, imperative for the public to demand to know the assets and liabilities of the former President, Edgar Lungu and the current president Hakainde Hichilema.

LAW ON DECLARATION OF ASSETS & LIABILITIES: A FIRST STEP TO A TRANSPARENT AND ACCOUNTABLE GOVERNMENT BY THE NEW DAWN GOVERNMENT.

After nominations, citizens demanded that presidential candidates’ assets and liabilities be made public by the Electoral Commission of Zambia (ECZ), but this demand was resisted by the ECZ.

In its argument, the ECZ argued that the law did not compel it to make public the declared assets and liabilities of candidates.

However, ARTICLE 263 demands that a person holding a public office SHALL, before assuming office or Leaving office, make a declaration of their assets and liabilities, as PRESCRIBED.

Appreciate the use of “SHALL” in the supreme law of the land entailing that declaration of assets and liabilities by public officers is mandatory to do so. But the question will be to who should these public officers declare their assets and liabilities?

Is it to the ECZ alone who are also required by Article 266 declare their assets and liabilities but have not done so for years now or to the judiciary?

The constitution under Article 82 (2) (e) also demands that a person to qualify to be elected as Speaker of the National Assembly that person must declare his/her assets and liabilities, as PRESCRIBED.

This also applies to a person to qualify to be nominated as a candidate for election as President (Art. 100(1)(h), member of Parliament (Art. 70(1)(e) and only the office of a councilor is not demanded to declare these assets and liabilities.
And what is a public office by the Constitution definitions/interpretation?

Art 266 of the Constitution defines public office to mean an office whose emoluments and expenses are a charge on the consolidated fund or other prescribed public fund and includes a state office, constitutional Office and an office in the public service, including that of a member of a commission.

Further Article 266 defines State Office to include the office of President, vice-president, Speaker, Deputy Speaker, Member of Parliament, Minister and Provincial Minister.

In with Art 263 that demands for declaration of assets and liabilities for outgoing and incoming public officers, It is therefore imperative for the public to demand to know the assets and liabilities of the former President, EDGAR CHAGWA Lungu and the current president HH.

This also applies to current and former vice-president, current and former Speaker of the National Assembly and current and former Deputy Speakers, current and former Members of Parliament, current and former cabinet Ministers and Provincial Ministers, the current and former members of the Commissions e.g ECZ, HRC, ACC, TSC, CSC, LGSC among others.

With the New Dawn government’s emphasis on transparent, accountable, and servant leadership, rule of law, and constitutionalism, public declaration of public officers’ assets and liabilities will be a demonstration of commitment towards accountable, transparent, and servant leadership, Zambians have yearned for years.

The constitution clauses and the relevant Acts of parliament on the declaration of assets and liabilities must be respected by all.

Let us know your assets and liabilities and ECZ must be honourable enough and published the declared assets and liabilities by all contestants to the position of President and MP.

The clerk of the National Assembly must publish the declared assets and liabilities by the outgoing and incoming speakers.

And those institutions receiving these declarations of assets and liabilities of these public officers must do the same.

We are itching to hold them accountable. it is the New Dawn.

I submit
McDonald Chipenzi

27 COMMENTS

  1. They all choose to either under declare or over declare to escape future questions. Mostly, people lie on oath to escape something somewhere.
    For example former and current Zambia presidents’ wealth are like a religious mystery.

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  2. flag Corruption scandals: 48 Houses Social Security Cash Luxury Presidential Jet Ambulances Fire Trucks Mukula Trees Ndola-Lusaka Rd Malawi Maizegate Fuelgate Swaziland landgate Zesco Loans Honeybee

    This man is around, haven’t heard from him in a long while.
    I do agree 100% on the declaration of assets… and it should go further, they should declare any gifts they receive while they hold the office. In my work I have to declare gifts or even dinner if a customer buys me one (and I’m just a mere mortal).
    And even ECZ can’t publicly disclose the info, any citizen should be allowed to access and view that info if they request.
    Please show us the real Change Bally!

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  3. flag Corruption scandals: 48 Houses Social Security Cash Luxury Presidential Jet Ambulances Fire Trucks Mukula Trees Ndola-Lusaka Rd Malawi Maizegate Fuelgate Swaziland landgate Zesco Loans Honeybee

    @Mulongoti Machayi, it is actually a crime to knowingly falsify and under/over declare your assets.
    The problem in Zambia, we have all these nice, shiny laws on paper but we never actively implement them. Sad!

  4. @Corruption Scandals #4

    From ministers to councilors, it is a shame; no accounting.
    Kaunda, Chiluba, Mwanawasa, Banda, Sata, Lungu, Hichilema, all have falsified, omitted or faked this requirement.
    Chipenzi may be right, enforcement is a fantasy.

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  5. Up to now we don’t know what hh is worth plus he is still on the boards and chairing of many companies. A clear conflicts of interests. Why is he not resigning as board member of those companies.

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    • You PF thug. You have the guts to open your mouth after stealing from the people of Zambia. No money in treasure to pay civil servants, no medicines in hospitals, and pensioners not paid their money. You defaulted loans, overpriced tenders with your Chinese government. you divided the country by employing people from east and north yet all Zambians were paying tax.

  6. Where you see William banda , benzani is there……….

    William banda and RB go back a long way.
    William banda facilitated RBs influence over HEHH.

    RB was the deal broker for HEHH to go easy on lungu once in statehouse.

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  7. I really don’t know why the ECZ did not publish the assets and liabilities of all those who aspired for public office or as usual they were put under pressure by Edgar C. Lungu and his senior govt officials. In 2016 there was a debate on how Lungu’s net assets had increased between 2015 and 2016. Its not too late for our leaders to declare their assets and liabilities so that we can hold them accountable.

  8. For once I agree with KZ why is HH still.boardmember of private companies. Is it allowed or am.missing it coz definitely.that will be conflict of interest.

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  9. The declaration of assets and liabilities of the president and other public officers is done through prescribed forms and submitted to specific institutions mandated to maintain this information. The ECZ was requested to publish the declaration of the assets and liabilities of all the 2021 presidential candidates but refused to do so!! Dont expect individual public officers to publish their own declarations. Demand that those institutions mandated to receive declarations of assets and liabilities should publish these declarations. Under PF, the ECZ refused to publish the declarations of assets and liabilities of all the presidential candidates? Why?? Take the issue from there. The UPND alliance whose president is HH had demanded to have the assets and liabilities of all presidential…

  10. Validly nominated presidential candidates declare their assets and liabilities to ECZ using prescribed forms. The UPND alliance requested the ECZ to publish the declared assets and liabilities of all the validly nominated 2021 presidential candidates. ECZ refused to do so. Why did ECZ refuse to publish the declarations? Start by demanding that institutions mandated to receive declarations of assets and liabilities for public officers should publish these declarations for the public to know. NGO and citizens should be demanding to have a progressive Public Information Bill. It should not be for individual presidents to publish what they declare!!

  11. flag Corruption scandals: 48 Houses Social Security Cash Luxury Presidential Jet Ambulances Fire Trucks Mukula Trees Ndola-Lusaka Rd Malawi Maizegate Fuelgate Swaziland landgate Zesco Loans Honeybee

    Fake Kaizar Zulu troll above is actually making sense today and I do agree with him. If HH has not yet resigned from his various boards he sits on, his advisers should tell him to do so ASAP because it massive conflicts of interest as the troll Kaizar imposter said.
    I would like to think he has already resigned ir perhaps he is still waiting for his Attorney General to be appointed so he can give legal advice.

  12. Be careful with what you promise people…in Biden America people are refusing to work…they want free money every week…..the devil you know is better than an Angel you don’t know…Trump on the other hand created employment…with HH going to bed with IMF….get ready for ESAP….Economical Structural Adjustment Program….and this is what collapsed the mighty Zimbabwe

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  13. If its in the constitution then let it be followed. Let the incoming and outgoing public officers declare their assets whether and the people will judge whether they are true or false.

  14. The upnd members are now starting to agree with me that HH is not as clever as he sounds. The only issue I have now with you upnd boys is that I become f.a.yk when it suits you.

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  15. Tarino Orange, perhaps you were out of the country before the elections. MacDonald and his NGO have been very active even before the elections. Some people even accused him of being a UPND stooge because of the statements he was issuing which appeared to favour the now ruling party, UPND. Anyway, I support MacDonald’s appeal to HH and other leaders to declare their assets so that they can be kept in check.

  16. You will be embarrassed, HEHH can not hide anything on assets ……..

    He is leading the mugs on to make noise , then boom, there it is ……..what will you say after ????

    Common people , engage in real issues

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  17. WHAT SOME DONT REALISE MAYBE HH WAS THE SOLUTION BUT HE WAS THE ONLY CHOICE
    LUNGU AND HIS PF G00NS HAD TO GO TO SAVE THIS COUNTRY
    AND THERE LIES YOUR ANSWER

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