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The main opposition party, the UPND says it will hold its General Congress before the 2021 general elections.
UPND National Chairperson for Elections and Strategy Slyvia Masebo said the General Congress will be held any date before the 2021 elections as shall be agreed by the UPND National Management Committee.
Ms. Masebo said the dates have not been set yet but that the party shall have party elections at all party levels.
UPND Chairperson for Strategy and Mobilisation Sylvia Masebo
She said this will lead to the convention which in the UPND is known as the General Congress.
“Regular party elections are not only a requirement by our own partys constitution, but also a prerequisite of our current national constitution,” Mrs Masebo said.
“Therefore there should be no debate on whether the General Congress (convention) will be held or not. The question should be when?”
There has been heightened calls from some quarters for the UPND to hold internal elections following the party’s recent losses in local government and the Chilanga by elections.
However, some analysts have cautioned the UPND to approach the matter cautiously as the holding of a General Congress might open up the party to manipulation by its rivals who might sponsor weaker candidates who in turn might weaken the strongest opposition party in the country.
File:Secretary to Cabinet Roland Msiska giving out the Report to stakeholders shortly after the launch of the Money Laundering, Terrorist Financing National Risk Assessment Report at Pamodzi Hotel 2017
The Financial Intelligence Centre (FIC) is Zambia’s financial intelligence unit and was created by the Financial Intelligence Centre Act No. 46 of 2010 and was amended by the Act No. 4 of 2016 (the Act).It became operational in November, 2013.
The Financial Intelligence Centre has released annual Trends Reports since 2013 through publishing the report on their website. This is the first time that the FIC has conducted a “public’ release of its report when it held a news conference last week at which it invited media and stakeholders to engage them on the escalating levels of money laundering and terrorist financing trends in Zambia.As a sole statutory agency, it’s expected to be dedicated to providing timely, high quality, impartial and actionable financial intelligence to eliminate financial crimes.
The public launch of the report has not gone down very well with the ruling PF accusing the FIC of releasing “raw data” to the public and playing to the gallery.
Below is a summary of the key findings contained in the 2017 Money Laundering/Terrorist Financing Trends Report.
Money Laundering Trend Analysis
Large and Unusual Cash Deposits
Cash related transactions, which amounted to ZMW 181,534,059.93, accounted for 33.3% of the Suspicious Transaction Reports that were reported in 2017. As in other years, it was observed that large amounts of cash were being deposited in individual and business accounts. These would then be followed by wire transfers to individuals and corporations outside the country. Most beneficiaries were based in Asia.
Corruption
The number of reports received on grounds of suspected corruption represented 39% of the total number of reports received in 2017. The value of transactions was significantly high and accounted for over ZMW 6.3 billion of the total value of cases analyzed. Cases of corruption continued to be linked to public procurement contracts and were often perpetrated by Politically Exposed Person or their associates.
Illegal Small Scale Mining Activity
The Centre has continued to note the trend of foreigners purchasing stolen or illegally mined copper ore from small scale miners. In most instances, the foreigners buy the slimes and copper ore for cash. It was also noted that there were some cases of illegal takeovers of mining licenses from the locals. The amount detected was estimated to be in excess of ZMW 5 billion.
Construction
During the year, it was observed that some businesses in the construction sector made large cash deposits. This is unusual considering that payment for services provided in this sector are made either by cheque or other safer electronic means instead of cash. It was noted that a total of USD 9,668,421.14 and ZMW 14,150,918.70 cash deposits were made by construction businesses. In 2017, a total of USD 3,430,852.81 and ZMW 391,553,520.20 cash withdrawals were reported to the Centre.It was further observed that a number of construction companies awarded
contracts by some quasi-government institutions had no capacity to execute the works, while others were not tax compliant.
Agriculture
Some high value Currency Transaction Reports received by the FIC were attributed to the agriculture industry. Maize, Soya beans, cotton, fish and fertilizer sales were the most
frequently purchased/sold during the period under review. A total of ZMW 80,245,779.60 was involved.
Casinos and betting stores
Most recently, the country has seen a rise in the establishment of casinos and
betting stores. FIC has noted that the growing casino business is poorly regulated. Many are not registered, not tax compliant and can be easily used for money laundering.
Procurement Corruption
The trend in which companies connected to Politicians (Politically Exposed Person) being involved in suspected corruption and money laundering has continued. In some instances, shell companies have been used to conceal the beneficial owners of these companies.FIC noted that suspected procurement corruption mostly occurred in Government and Quasi Government Institutions when the private sector is contracted to do works. The attraction to procurement corruption is the large sums involved and the difficulty in detection due to collusion and management override. The main methods of procurement corruption are direct bidding and subsequent variation of contract sums that take away the value of tendering works. In 2017
the Centre analysed 624 reports on suspected procurement corruption.
Irregular Immigration Status
Foreigners without investment permits are allowed to set up companies and later remit business funds to their home nations using personal accounts. Majority are Asians.
Designated Non-Financial Businesses and Professions
Professionals such as lawyers, accountants or real estate agents have continued to be used as vehicles for money laundering.Most criminal elements have resorted to using these professionals to mask the source of funds and aid its movement to foreign destinations for reinvestment or use. In the cases analysed by the FIC during 2017, approximately ZMW 50 million was channeled through lawyers’ accounts. The funds were subsequently used to buy assets or withdrawn in cash presumably for the benefit of the real owners.
Use Of Personal Accounts for Business Purposes and Unregistered Businesses
The trend in the use of personal accounts for business purposes in order to
evade tax, has continued. Through this act, Zambia has continued to lose revenue
due to tax evasion by individuals and aggressive tax avoidance schemes implemented by large international corporations.The amounts of money passing through personal accounts were estimated to be ZMW 872 million and USD 48 million. This is a continuing trend where individuals that transact on behalf of corporates receive large cash amounts and make these large deposits into individual accounts.
EMERGING TRENDS
Contracting of Loans and Proposals for Large Projects
In the recent past, the Country has been approached by a number of obscure foreign entities mainly through Zambian Nationals, offering to provide finance to the Government for various projects. The FIC, after verification, has determined that some of the sponsors and their Zambian accomplices are criminal elements and are trying to either over price the cost of loans or simply to swindle the Government as the guarantor of these loans.Other cases involve the fraudulent acquisition of land through unsolicited bids to Government in order to undertake seemingly sound projects when in fact these investors have no capacity to implement the projects. As a result, Zambians may be dislocated from their land to further the interests of persons with fraudulent intentions. The public should be cautioned that some of these criminal
elements have already swindled Zambians. Citizens or state institutions may be used as accomplices for these nefarious activities.
Timber Transactions
FIC noted an increase in the number of currency transaction reports involving timber sales and they were mostly performed by individuals in regions where the prohibited Mukula tree is being harvested. This raised suspicion of Mukula traders declaring their sales as proceeds from other types of timber as opposed to Mukula tree. This was after the enactment of statutory instrument 91 of 2015, which prohibited the harvesting and export of Mukula tree. During 2017, a total of ZMW 4,454,726.00 was reported as timber related currency transactions reports. It was further observed that the deposits in the accounts of individuals involved in the timber trade were done by third parties, mostly of Asian and Zambian origin.
Dr.Chanda addressing pupils at Katondo Secondary School, Munkulungwe
“Education is the most powerful weapon that you can use to change the world.” – Nelson Mandela
An MP at work – Dr. Jonas Chanda-Bwana Mukubwa member of parliament
The favourite part of my work as Member of Parliament is to visit schools and give career motivational talks to pupils from grade 1 to grade 12, telling them that they can become EVERYTHING they dream of through EDUCATION – a great equaliser in life!
“I’m a product of Masala and Mushili townships who went to Masala Primary and Masala Secondary Schools and University of Zambia to become a Medical Doctor, an expatriate in various countries, and now a Member of Parliament,” I tell the pupils.
QUANTITY, QUALITY and ACCESS have to be guaranteed for a good educational system to transform HUMAN RESOURCES into INTELLECTUAL CAPITAL – the most important factor of production.
This week I visited various schools, gave career talks, donated books and funds to completion of classroom blocks under construction – Yengwe Basic School (Kavu/Kang’onga), Chalubemba Primary School (new 2 classroom block to be opened on 22nd June), Katondo Secondary School (Munkulungwe), Twatemwa primary school (Kantolomba) and Joyous Community primary school (Mushili)
(Facebook post)
Dr. Chanda addressing pupils at Chalubemba primary schoolDr. Chanda addressing pupils at Twatemwa Primary School, KantolombaDr.Chanda addressing pupils at Yengwe Basic School
FILE: President Sata with his spokesperson George Chellah (r) and Chief Mukuni (l) when he arrived in Livingstone for political campaigns
George Chellah, the Special Assistant for Press and Public Relations to the late President Michael Sata, has rubbished the interview aired on Sunday by former Finance Minister Alexander Chikwanda in which the Mr Chikwanda insisted that President Sata’s speech was switched.
In a posting, Mr Chellah said that he was disappointed with Mr Chikwanda’s repetitive claims that the late president Mr. Michael Sata’s aides swapped his last speech to Parliament
Below is the full posting
I SYMPATHIZE WITH BASHIKULU BA CHIKWANDA
By George M. Chellah
I have noted with disappointment Mr. Alexander Bwalya Chikwanda’s repetitive claims that the late president Mr. Michael Chilufya Sata’s [MHSRIP] aides swapped his last speech to Parliament. I do recall that the last time Mr. Chikwanda made similar absurd accusations I rebutted them with an elaborate response that stipulated the procedure attendant upon the preparation of a presidential speech. No one swapped any speeches and Mr. Chikwanda knows this.
Quite honestly, it is unhelpful to keep engaging in this unproductive and now tired debate, save to say that I can only describe Mr. Chikwanda’s attempts at linking innocent persons to his fictional conspiracies as malicious and a cruel attempt to settle old scores for the work some of us did in stopping certain activities meant to abuse Mr. Michael Sata’s presidency at the time he was unwell, which I will at an appropriate time have occasion to discuss. Perhaps ba shikulu would do well to concentrate his efforts on explaining the policy decisions made during his time at the Ministry of Finance and whether he or his company, Sigma, benefited from these policy decisions.
In fact, I don’t know about you but for me, watching ba shikulu ba Chikwanda on national television last Sunday just exposed the extent to which this country abuses the aged at times. Whoever fixed that interview is being very unkind to the old man.
Let ba shikulu take a rest. Allow him chance to reflect and pen down his memoirs alongside telling family stories to his grandchildren. Ba shikulu has done enough to contribute to the current state of our economy, he surely must have a lot to reflect on rather than spinning incredible tales of conspiracies.
UPND leader Hakainde Hichilema in Chilanga Compaigning with UPND candidate Ms Musonda
Opposition UPND President Hakainde Hichilema has called on party members to defend themselves when attacked by PF cadres.
Mr. Hichilema said that whenever people are attacked by the PF carders, they too must respond by defending themselves.
He was speaking to Journalists at his New Kasama residence in the wake of the Chilanga loss.
The UPND President said there is nothing to celebrate about a violent election.
Mr Hichilema has thanked his party’s youths for defending themselves whenever they got attacked by the PF carders in Chilanga.
The UPND President said that he is confident that the youths and country at large will stand tall in defense whenever attacked by known PF cadres.
And Mr Hichilema has called on the party members across the country to remain strong and hopeful of a better tomorrow.
The UPND President who used an English idiom that “it’s darker before dawn” stated that this is not the time for party member and the country to tire but look forward.
He also stated that he was confident that Zambians have placed hope in him as a practical economic manager adding that he will not let them down when in government but work round the clock to develop the Nation.
President Edgar Lungu Receives a gift from NAPSA management at the CAMINEX EXPO on Thursday
President Edgar Lungu has urged all regulatory agencies to work towards the common goal of promoting safe and healthy exploitation of the mineral resources.
Speaking during the official opening of the 2018 Copperbelt Mining, Agriculture, Industrial, Networking and enterprise Expo in Kitwe, the Head of State says it goes without saying that strategies, which promote sustainability in the mining sector through binding regulatory frameworks, will optimise gains from the sector for the benefit of the country.
President Lungu says this is why his administration has been enforcing legislation to ensure that exploration and mining only takes place upon approval of the relevant environmental impact assessments.
He states that in this regard, the ministry of mines and minerals development is working closely with respective authorities to ensure that mining companies with environmental liabilities are provided with a framework to guarantee environmental security.
On the agriculture sector, President Lungu notes that this sector continues to offer the greatest potential for economic growth and poverty reduction in the country.
He says government will therefore continue with viable programmes to grow the sector, which offers immense opportunities to improve the wellbeing of the majority Zambians especially in the rural communities.
President Lungu laments that the changing climatic conditions have continued to threaten the agricultural sector.
The Head of State says the magnitude and frequency of negative climatic conditions such as droughts, floods, and extreme temperatures have continued to impact negatively on food and nutrition security, as well as livelihoods of the rural communities.
He says government has responded to these challenges of climate change through the national adaptation plan of action, the climate change response strategy, and the national policy on climate change.
President Lungu says these national policies and plans promote climate-resilient agricultural practices, and adaptation to climate change through technologies and services to enhance productivity, sustainability and resilience of smallholder production systems.
President Edgar Lungu test drives a NISSAN car at the CAMNEX EXPO in Kitwe on ThursdayPresident Edgar Lungu tours KCM Stand at the ongoing CAMNEX Expo in Kitwe on Thursday
Christopher Shakafuswa
22 of the 32 PF Councillors from Lusaka have endorsed Mpulungu Ward 23 Councillor, Christopher Shakafuswa to stand as mayoral candidate for the Patriotic Front and have since petitioned the Party Central Committee to consider the criteria of experience, someone sellable and would not be learning again for the next 2 years.
The 22 councillors have stated that the people of Lusaka deserve a candidate who has requisite experience in the running of the Council and one who would work well with both the Party and Government in delivering services. The PF Councillors said a sellable candidate should be one who is people-friendly like Mr. Shakafuswa as he has unshakably stood by the ideals and principles of the party and will prioritise service delivery.
In the petition submitted to the party Secretary general yesterday, the 22 Councillors have assured the party that they have gotten to know each other best and developed a working culture that should not be broken by introducing a new mayor who will have to learn the job for the next 2 years and that councillor Shakafuswa is he uniting factor whom they are ready to work with.
Christopher Shakafuswa has been Lusaka City Councillor for 8 years and has chaired various standing Committees of the Council which include Finance, Human Resource and Audit.
Christopher Shakafuswa had in 2016 applied to contest the 2016 mayoral elections but came second during PF intra party selection, and was later the party’s candidate of choice for the Deputy Mayor until the confusion that saw both Tasila Lungu and Christopher Shakafuswa standing down to pave way for the current Lusaka Deputy Mayor.
Njovu (in white t-shirt), is a former Diggers and Zambia 15s Centre and is also current Head Coach of current league leaders Diggers Rugby Club.
Zambia will be hosting a tri-nations tournament from 7th July to 14th July, 2018 in Mufulira, Zambia
The Zambia Rugby Union (ZRU) has appointed Lawrence Njovu as Coach of its 15s National Team ahead of Saturday 9th June, 2018 International friendly against neighbours Zimbabwe.
Njovu, is a former Diggers and Zambia 15s Centre is also current Head Coach of Diggers Rugby Club who happen to be the league leaders in the ZRU 2018 League.
Housing and Infrastructure Development Minister Hon. Ronald Chitotela at the he International Infrastructure Investment and Construction Forum in China
The 9th Infrastructure Investment and Construction Forum has been opened with key note accolades on the phenomenon role that Infrastructure Development play in economic development of any nation.
Speaking when She delivered her keynote speech at the official opening of the 9th IIICF, Peoples Republic of China Vice Minister of Commerce Mrs Goa Yan said this great initiative is already being actualised by many developing countries across
“This has translated from ideas into action and practice.” Key infrastructural development promotes trade, commerce and people-to-people connectivity, she said.
She said Connecting different civilisations is a new driver for economic growth and a shared future prosperity for mankind.
The Minister urged nations that are lagging behind in Infrastructural development to quickly invest and secure the future for the generations to come.
“We as leaders of today should be able to investment in Infrastructure development for economic development and as *Legacy projects* for generations to come” she emphasised.
Furthermore, Mrs Yan called on Countries across the continent to foster international trade as it also is a component to grow the economy.
Madam Gao gave her assurance to nations of her countries continued support in training and delivering of quality and long lasting Infrastructures in countries were Chinese companies have been engaged
“China will continue assisting various countries in playing a great role in the Infrastructure, Road, Transport development
“As a Country we will ensure we continue enhancing information sharing, coordinating policies and proposals, supporting projects, encouraging businesses and building platforms for exchanges” she said
The Vice Minister said she is very delighted and thankful that the 9th CIIF has brought over 1500 delegates together who are willing and are already into infrastructure development to share ideas on Infrastructure, Investment and Construction.
And Speaking during Forum Sideline Business Meeting when he met the China Habour Chairman Mr Li Yichong, Hon. Chitotela thanked China habour for the commitment, Dedication and cooperation they have exibited in implementing the projects they are under taking in Zambia.
He said the Zambian government under the leadership of President Edgar Chagwa Lungu places great importance on the Infrastructural development of Zambia from Road-Aviation-Transport and Public buildings Infrastructure.
The Minister Stated that as Patriotic Front government under the leadership of President Edgar Chagwa Lungu they remain determined to strengthen the coorperation between the Republic of Zambia and the People’s Republic of China that trails back to the time of First Republican President Dr kenneth David Kaunda.
“As government under the leadership of President Edgar Chagwa Lungu we are determined to strengthen further our coorperation with China that begun many years back with our First Republican President Dr Kenneth Kaunda” he stated.
The Minister Further urged the coorperation to expediate the implementation of projects in zambia, while noting the role that quality development play in the development and transformation of a country and its people.
“Speed up with the process of implementation of the projects so that as government we can deliver to our that which we promised them which is unprecedented development” he said.
He reiterated governments vision of providing meangiful development to its people through implementation of various Infrastructure Development across the country.
China Harbour Engineering Company has been in Zambia for 4 years and are currently implementing some major economic projects in the country like the Kawambwa-Mporokoso road …This Project was launched in 2017 by Republican President Mr Edgar Chagwa Lungu and over 9km works were done in the 6months of the implementation period.
However, the Minister thanked the Forum organisers for inviting Zambia to the great initiative whose objective is to
He said Zambia is a young Developing country and will learn from the discussions at the Forum.
Present at the Meeting was The Road Development Agency CEO Mr Elias Mwape, RDA Director Planning and design Mr Dickson Ndhlovu and China Harbour Zambia Regional Director Mr Peng Peng and Business Director Ms Li Pan.
Housing and Infrastructure Development Minister Hon. Ronald Chitotela at the he International Infrastructure Investment and Construction Forum in ChinaHousing and Infrastructure Development Minister Hon. Ronald Chitotela at the he International Infrastructure Investment and Construction Forum in ChinaHousing and Infrastructure Development Minister Hon. Ronald Chitotela at the he International Infrastructure Investment and Construction Forum in China
Beston Chambeshi has admitted that his side needs to be more clinical and ruthless in front of goal after failing to demolish Madagascar in Wednesday’s 2018 COSAFA Cup semifinal victory at Peter Mokaba Stadium.
Chipolopolo were guilty of spectacular misses on June 6 in their 1-0 win over Madagascar in an improved display after earlier beating Namibia 4-3 on post -match-penalties following a dull 0-0 quarterfinal draw on June 2 at the same venue.
“It was tough game, Madagascar gave us a good run but we planned for this game and I am happy with the way the boys played especially in the second half,” Chambeshi said.
“We came in strong; we created a lot of chances. We were supposed to kill off this game by five or six goals unfortunately the boys were not accurate with their finish but I am happy with this victory at least we are in the finals.”
Cletus Chama alone was guilty of three misses while Ronald Kampamba squandered two close-range attempts that all came after 60 minutes of action.
But the most dramatic miss came in stoppage time when John Chinangadu’s decision to go for glory, despite Lazarus Kambole and Chama free on both his flanks, was quelled by Madagascar goalkeeper Jean Randrianasolo who intercept his attempt to chip the ball over him.
Meanwhile, Zambia now face defending champions Zimbabwe on June 9 at Peter Mokaba in the repeat of last year’s final that Chipolopolo lost 3-1 in Rustenburg.
The opposition UPND says the just ended Chilanga Parliamentary by-election was total warfare and not an election.
UPND Secretary General Stephen Katuka says there is no way what happened in Chilanga can be referred to as an election considering the amount of ammunition and tear gas used on the electorate.
Mr. Katuka says what is concerning to his party is that the said ammunition and tear gas was allegedly used by political cadres, an indication that the police was infuriated.
In an interview with QTV News, Mr. Katuka says the ruling PF can claim that they won the Chilanga by-election, but that the circumstances under which they won the election are questionable.
Mr. Katuka has however, encouraged UPND members to remain united and hard working in ensuring that the party reclaims the seat in the next election.
Asked whether the UPND will petition the results of the election, Mr. Katuka says the decision has not yet been made by the party leadership which is yet to meet.
The Centre for Trade Policy and Development has urged the Zambian government to immediately renegotiate its debt owed to China.
In a paper by Trevor Simumba titled “He Who Pays the Piper: Zambia’s Growing China Debt Crisis” CTPD said restructuring this debt is critical if Zambia is to avoid the debt distress that the IMF is warning against.
CTPD Executive Director Isaac Mwaipopo said renegotiating the debt is a key priority for the Zambian government.
Mr Mwaipopo said Zambia’s debt burden has risen dramatically in recent years, and Chinese loans form a major part of this debt.
“Not only are debt levels rising, but the level of Chinese loans borrowed by the government for infrastructure and natural resource projects is significant,” Mr Mwaipopo said.
“The IMF estimates that overall debt will stand at 60% of GDP by the end of 2018 (up from 35.6% in 2014), but most concerning is the IMF’s re-categorisation of Zambia earlier this month from a country at “medium risk” of debt distress to one at “high risk” of debt distress.”
He said these are clearly legitimate concerns that this public debt is no longer sustainable, meaning that the government might soon be unable to repay what it owes.
Mr Mwaipopo observed that the scale of Zambia’s debt, and in particular debt from Chinese sources, is staggering.
Key findings contained in the paper “He Who Pays the Piper: Zambia’s Growing China Debt Crisis”
Zambia’s external debt increased from US$6.95 billion at end of the 2016 to US$8.74 billion by December 2017.
Over the same period, domestic debt rose from US$3.47 billion to US$4.64 billion.
In 2017 Chinese debt was approximately US$2.3 billion – 27% of Zambia’s total external
debt.
In 2016 US$1.7 billion was lent to Zambia by Chinese sources. This represents 50% of
all new loans contracted that year.
The priorities should be:
Renegotiation of Chinese Debt: The Chinese ambassador has signalled that China would be open to considering a restructure of its debt to Zambia, and the government must seize this opportunity to try and gain better terms in order to lessen the chances of debt distress.
Greater Transparency: Increasing transparency around the structure and scale of Chinese debt will help to both reduce market uncertainty and improve the value for money of Chinese projects. An independent audit of Zambia’s current debt position is a crucial first step.
Strengthening of Debt Oversight Systems: The government must review and reform the current, ineffective debt management system. The system must be revitalised and it must be aligned to Zambia’s national planning needs to help ensure that Zambia’s debt is necessary and sustainable.
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
governance institutions.
Maurice Malambo
Executive Director
Zambia Youths Association In The Fight Against Corruption
