The Southern African Centre for Constructive Resolution of Disputes, SACCORD, has accused government of attempting to legalize the theft of public funds.
Reacting to Justice Deputy Minister, Todd Chilembo’s statement that there is no need for Article 37 of the ACC Act which relates to abuse of office because public officers have other sources of income, SACCORD Information Officer, Obby Chibuluma,said the statement amounts to an attempt by government to legalize the theft of public funds.
He said there is no need for the government to remove article 37 of the ACC ACT because it exists to provide preventive mechanisms to people who might abuse public office.
Mr Chibuluma said despite public officers having other sources of income, removing the article would leave public funds prone to abuse.
He noted that removing the article would mean everyone entrusted with public funds will be at liberty to abuse their public office with impunity.
Mr Chibuluma said despite the trust bestowed on people with public funds, the fact that they are humans could tempt them to abuse the funds.
In yesterday’s Times of Zambia, the Government said there is need to review the Anti-Corruption Commission (ACC) Act in accordance with the present global and national realities that take into account the fact that public officers have other sources of income.
Justice Deputy Minister said in an interview that the current Act was insensitive to the fact that public officers had other sources of income, and it would, therefore, be unfair to criminalise a person with wealth more than their income.
He said the current law as provided for in Section 37 of the ACC Act of the Laws of Zambia was wrong because it assumed that any public service worker with wealth above their income had engaged in wrong acts.
[pullquote]He said the current law as provided for in Section 37 of the ACC Act of the Laws of Zambia was wrong because it assumed that any public service worker with wealth above their income had engaged in wrong acts.[/pullquote]
He said the economic situation had changed and workers were earning other incomes by engaging in other economic activities.
According to Section 37 of the ACC Act, a director-general, deputy director-general or any officer of the commission authorised in writing by the director-general, may investigate a public officer where there were reasonable grounds to believe that such public officer maintained a standard of living not commensurate with the present or past official emoluments.
Under the section, the ACC could institute an arrest on a public officer “who is in control or in possession of pecuniary resources or property disproportionate to his present or past official emoluments.”
Mr Chilembo, however, said currently, public officers had extra means of earning income.
[pullquote]He said the economic situation had changed and workers were earning other incomes by engaging in other economic activities.[/pullquote]
“Looking at the changed economic situation where people, even civil servants, have other sources of income, it will be wrong to have such a law,” he said.
Zambia had sufficient laws to deal with public officers who abused their offices.
“The Penal Code, which is the principle law, has various provisions to deal with such offences,” Mr Chilembo said.
CRACKS are beginning to emerge in the Patriotic Front (PF) and United Party for National Development (UPND) Pact agreement. According to a joint statement signed by both PF and UPND on June 4, 2009, the parties agreed not to compete against each other in successive elections.
“…we will provide an effective, formidable and unbeatable electoral challenge to the corrupt MMD in all elections and we demand early presidential and parliamentary elections,” states the joint statement, which was issued the day the Pact agreement was formally consummated.It cannot be concealed, or even denied, that the PF-UPND pact is beset by many challenges and problems.
There has been so much rhetoric about this pact but very little action, if any, to consolidate it and make it work.POST NEWSPAPER…
YAYA,
Wrong story u r commenting on!!! Cadreism panse.
We will meet on the political front, Mr Chilembo & your cronies.
If you steal from the people & expect that only penal code should suffice, you got another thing coming. We will lock you up for economic sabotage & throw away the key. I hope you get the message:-w
This theves are living in fear for they know that the day of reckoning is just arround the coner. We will make sure that they are all locked up in chimbokaila and then throw the key in the indian ocean. These guys are taking Zambians for a joke.Be warned that you will be jailed the whole lot of you …useless creatures.
in this case, this government should as well do away with the ACC altogether. george kunda knows very well that he will be among the first of mmd leaders to be probed. alilya sana money kapala.
more and more cor.ruption, im.punity for thi.eves
the Mwanawasa legacy.is continually trampled !!!
Always reviews! Please stop! Why you think that the government will not proceed with the repatriation of $ 100 million diverted from ZCCM and reinvested into the banking system in Mauritius?:
…. Just because politicians have “put his hand in the jam jar”!
You see the saccord man must realise that the protection of that article is the greatest thing that can be done.You see our leaders should be protected and when the leaders intergrity is protected so is the country.Does he know that in some other countries the president’s sicknes is kept as state secret to the public now what more there deeds
The minister clearly does not understand what he is talking about. Good for him if he has more sources of income, however, the law requires that that other source be legal and verifiable. Again, this is a bunch of people who have no respect for the people they govern. This is really a non issue. Anyone not making money illegally need not worry about the Abuse of Office clause.
The title statement reflects a very poor level of reasoning by Mr Chibuluma. It must be understood that in its state, the Act is consistent with the UNIP Govt’s Leadership Code which is now irrelevant in a liberalized economy that has long departed from Humanism. People like Mr Chibuluma must objectively analyze issues and make positive recommendations to Govt to fight corruption
# 8 The real people.
It is difficult to know what you are aiming at. Can you straighten your riddle please? Rotten integrity is no integrity. Some leader’s uselessness is open to all and is difficult to hide. Every Zambian today is a potential suspect of corruption. So, we have been robbed of personal integrity by corrupt public officers, while other public officers in countries around us are treated with respect.
Go ahead and hide those secrets but some one will dig them out and call the culprits to book. Umulandu taubola
Zona niyazanda.Do you know that a country is like a house and in a home we cover our parents foolishnes because if people start laughting at my pareent they are also laughing at me.Do you know that no matter how bad a parent can be but a good child will treasure and protect his child.When our mother and father are fighting will protect because we know they represent us.When we have a difference will go to them and talk to them minus the neigbours hearing.When you look at our leaders they are our parents of our country and if the clause is allowad in the constitution.The people who dont have values and heart for our country will go on rampage to destroy our county like the way the Post does.Where a paper if confortable to put an headline with insults.Whatmore with the clause.Think twice
The Real People
I’ve just realised that in your shallow thinking, you mistake political leadership for parenthood. Political leaders are elected into office to represent their electorate and are as such servants of their electorate. This demads that they exhibit trasparency and must be above board in all their dealings.
mu boma nibambala..they are conmen and crooks..we shall sort them out..
a person with more wealth than their income is a criminal. income is legitemately earned. it is verifiable and should attract tax as appropriate. all the so called other sources of income should fall under this category.anything else is criminal