Friday, December 13, 2024

If ACC Cannot Fight Corruption ,They Must At Least Be Whistleblowers

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By Misheck Kakonde

If Mr. Hichilema and officers appointed at the Anti-Corruption Commission are dedicated to fighting corruption, the battle against corruption must be steadfast and impartial. The Anti-Corruption Commission (ACC) of Zambia is central to this fight. However, recent actions and inactions by the ACC have raised serious concerns about the consistency and effectiveness of their efforts, especially regarding high-profile figures. If the ACC cannot actively investigate corruption and give names to the public on ministers being investigated, out of patriotism, they must work as whistleblowers by sending the names of the corrupt ministers to investigative journalists, ensuring that those implicated are brought to public attention by credible institutions.

Transparency and accountability justice is founded on the principle of equality before the law. Recent events have seen the public disclosure of the mayor of Livingstone under investigation for corruption. While transparency at all government levels is essential, it is equally critical to uphold this standard consistently. Why would ACC hide the names of ministers under investigation for corruption? In whose interest is the ACC committing such acts of incompetence? The ACC must know that their inconsistency undermines public trust in the ACC and perpetuates a narrative of inequality and preferential treatment for certain individuals because of the positions they hold.

Therefore, the ministers involved in corruption investigations must be named and held accountable just like any other Zambian citizen. The idea that ministers are beyond reproach sets a dangerous precedent, eroding the very foundation of democratic governance. By withholding their names, the ACC inadvertently suggests that these individuals are above the law, which contradicts the principles of justice and equality. The public deserves to know who among their leaders is being scrutinized for corrupt practices so that in 2026 voters do not again vote for the said ministers or any criminal aiding them in vices that make Zambia less developed.

If the ACC is constrained by political or other pressures under UPND, it should pivot towards becoming an effective whistleblower. By discreetly passing the names of ministers involved in corruption to reputable institutions such as investigative journalists, non-governmental organizations, or international bodies, the ACC can ensure that these cases are brought to light. These institutions can then produce detailed reports and maintain public pressure, ensuring these cases are not forgotten or swept under the rug, fostering a culture of accountability and aiding in future investigations. Additionally, it acts as a deterrent for others in positions of power who might contemplate engaging in corrupt activities, knowing they cannot rely on anonymity or preferential treatment. The principle of equality before the law is enshrined in many legal frameworks worldwide, including Zambia’s.

Ministers, like any other citizens, must be subject to the same legal standards and processes. This not only reinforces the integrity of the legal system but also strengthens public trust in government institutions. If ordinary citizens are named and shamed for their misdemeanors, the same must apply to those in the highest echelons of power. President Hakainde Hichilema must act as Head of State in an honorable manner and fire those involved in corruption. He must know the difference between firing and transferring. To transfer people involved in corruption is transferring grand corruption to new ministries or government departments. The president has an insatiable appetite for transferring people involved in corruption; for example, various scandals have been under the Ministry of Health. For example, the Road Development Agency (RDA) misconduct, where key officials within the RDA were involved in the embezzlement and irregular awarding of contracts. The outcome is that some senior officials were reassigned to other roles instead of facing immediate termination or legal action. The details and results of the investigations have not been fully disclosed or resolved.

There is also documented evidence where the Kabwata Member of Parliament Andrew Tayengwa says “as UPND they have employed about 35,000 apologists of UPND.” A country cannot develop if people are employed because they belong to UPND or any party in government. Additionally, such behavior or acts bring about bad service delivery because some people employed only have a birth certificate and not qualifications for the jobs they are employed under. There are many graduates with qualifications out there, and UPND is employing only its members. Also, the current ACC director must be sent on leave and be investigated in accordance with rules of justice and fairness, against the allegations against him by one of the former ACC commissioners, Dr. Kaaba. All these are issues Mr. Hichilema must act on and not just address after address that yields nothing in the press media. A president should not fear ministers because it undermines leadership and accountability, allowing corruption to flourish unchecked. Strong leadership ensures that all officials are held to the same standards, reinforcing trust in governance.

Additionally, there are ZESCO irregularities where top executives within ZESCO were under allegations of nepotism, corrupt procurement processes, and financial mismanagement. The outcome is that certain executives were moved to different departments or roles within government entities, and comprehensive investigations did not lead to significant publicized conclusions or accountability measures. President Hakainde must know that the transfer of officials instead of outright firing them or ensuring thorough investigations creates an environment where corruption allegations do not receive the full legal scrutiny they deserve. This bad leadership approach often results in stalled investigations leading to cases dying a “natural death.” Also, transferred officials might continue engaging in corrupt activities in their new positions, perpetuating a cycle of corruption across various sectors.

To effectively combat corruption, it is crucial that allegations of corruption are followed through with thorough and transparent investigations, regardless of the individual’s position or influence. The outcomes of investigations should be made public to ensure transparency and restore public trust. Officials found guilty of corrupt practices must face appropriate legal consequences rather than simply being reassigned to other roles.

The author is a legal scholar and comparative politics specialist.

12 COMMENTS

  1. They can’t be whistle blowers… the man has not only put the commission under his direct supervision, but,sorry to say this, he has also staffed it with his tribesmen ( you can condemn me if you want but it’s a fact) In Sicily they take an oath where family members will not betray family members. Same here…. there’s no way Moono can betray Dr Hakainde Hichilema.

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    • No they are not set up to be whistleblowers. Whistleblowing is for the media. The correct solution is “If ACC Cannot Fight Corruption ,They Must be disbanded” They are a waste of our public funds. I understand why Kakonde is suggesting this. He is comparing ours to developed democracies where whistleblowing, the offshoot of freedom of the media, helps in keeping a check on the three wings of governance; the legislature, Judiciary and Executive.

    • For these wings to check each other effectively they should have
      freedom of speech and it should be protected by the constitution. The government or executive cant be tasked with protecting freedom of speech like we have done in Zambia. We also have a Legislature and Judiciary that very willingly awaits instructions from the Executive. Their lapdog mentality doesnt help our democracy.

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  2. In a country where a donation of $1,000 is considered as grand corruption but a person accused of having received $500,000 to let go a person accused of stealing $400M in exchange for $23M is considered as infallible and is defended by the system and even encouraged to sue the whistleblower in a corrupt judiciary. We’ve lost a good country. Omerta is a Mafia rule of silence whereby no one betrays another in the family. If you don’t have the blood you’re not safe

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  3. How can you whistle-blow your small god hh? How? ACC is there to attacked, take out and silence hh opponents period.You chaps think we are stupid

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  4. This cult called upnd must just zwaaaaa. There are here to loot big time, by the time they are done pipo will lament big time

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  5. Do you know that even the number of their prase singers has gone down? Their worshippers are now realising that their saviour hh / upnd is actually not whom they thought he was.

  6. Most of us praise singers have taken a step backwards
    however Most are not moving to past failures like UKA and PF
    So What now ???

  7. Just shows how backward we are wanting failed politicans back again
    No wonder the vote is decided on who gives the bigger cup

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