Governance activist Isaac Mwanza has commended Republican President, Hakainde Hichilema for appointing Board Members of the Financial Intelligence Center (FIC) but says the President must complete the job by realigning the FIC with the Constitution as amended.
“I was of the view that the delay by President Hichilema to appoint Board Members at FIC was based on good reason and consideration, that is, transformation and alignment of FIC with the Constitution as amended,” he said
Mr Mwanza said the 2016 constitutional amendments resulted in the creation of only three investigative wings namely, the Anti-Corruption Commission, the Drug Enforcement Commission, and the Anti-Financial and Economic Crimes Commission.
He said those who had been involved in constitutional-making process will recall that the Anti-Financial and Economic Crimes Commission created by Article 235 of the Constitution was to be the successor of the Financial Intelligence Center.
Section 10(1) of the Constitution of Zambia Act No. 1 of 2016, states:
“10. (1) Where a provision of the Constitution as amended has altered the name of an office or institution existing immediately before the effective date, the office or institution as known by the new name shall be the legal successor of the first named office or institution”
Mr Mwanza argued that the FIC business is one that involves conducting investigations into financial matters and it is only appropriate that the Center is aligned with the Constitution as amended.
Mr Mwanza has since charged that President Hichilema should arrayed fears and accusations that he was plotting to decapitate the Center by simply explaining delays in his decision to appoint the FIC Board in consideration of measures to realign FIC to the Constitution.
Do any of you homophobes remember when I told you that neither the Zambian male nor female national soccer teams will ever win a big global tournament until zambia legalises LGBT rights? The women’s team was walloped by Japan. You thought I was lying? Good luck
The Financial Intelligence Centre is a UN initiative. Even the legislation that enabled the FIC’s creation in Zambia was drafted at the UN and later domesticated by Parliament. Zambia would face severe consequences if it abolished this body. Isaac Mwanza is forgiven for not knowing that.
Isaac Mwanza is being polite, the continued existence of the FIC in its current form is in breach of the Constitution and so is the appointment of the Board. The FIC can’t continue to be a whistleblower or rumour mongering institution. Those amendments were meant to give it a mandate to prosecute cases. It’s not enough to just aver that there are suspicious transactions as it doesn’t help anyone. The Attorney General must guide the President accordingly.
“The Attorney General must guide the President accordingly”
That would be the right thing but in Zambia the president is above the constitution, until of course the Zambian people refuse to renew his contract.
It’s a sad situation. Remember in 2003 civil society particularly the Oasis forum objected to the CRC format and eventually boycotted its sittings, but Mwanawasa still went ahead.