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.

Vice President George Kunda has reiterated that there will be no extension to the 40 days which was prescribed by Parliament for receiving comments from the members of the public on the draft constitution.

Mr. Kunda said since the 40 days time frame to receive comments from the public was made by Parliament, it can only be changed if it is taken to the House again.

He explained that Government and the members of the public were in a hurry to have a new constitution in place hence Parliament prescribed only 40 days to allow the general public to comment on the draft constitution.

The Vice President said 40 days was deemed enough for people to make their comments on the draft constitution, adding that the National Constitutional Conference (NCC) has been publishing the draft in newspapers in order for everyone to access it.
Mr. Kunda was speaking in Parliament Friday during his 30 minutes question time session.

This was in response to a question raised by Katuba Member of Parliament Jonas Shakafuswa (MMD), who wanted to know whether there will be an extension to the 40 days long period, set for people to study the draft constitution and make comments.

Mr. Shakafuswa’s question comes against the backdrop of the late arrival of copies of the draft constitution in some areas in the country.

He said in some areas of Chibombo district, the draft constitution was only received yesterday, which is over two weeks after the draft constitution was launched to allow the public to comment on it.

Mr. Kunda said the process of constitution making by the National Constitutional Conference (NCC) must come to an end by August 31st, this year hence there was no likelihood that the period for commenting on the document will be extended.
“There will be no extension to the 40 days. We need to conclude this process,” he told Parliament.

On 22nd June 2010, NCC Chairperson, Chifumu Banda, launched the initial report of the conference and the draft constitution which the conference adopted and called on the members of the general public to access the documents from District Commissioners’ offices, the NCC Secretariat or buy copies from Government Printers.

Mr. Banda also said the documents could be accessed on www.governance.gov.zm, www.parliament.gov.zm or on www.ncczambia.org. The 40 days period expires on August 1st, 2010.

In another development, Mr. Kunda said Parliament will decide on which constituencies will be divided into two. He said some constituencies, including his, were too big to properly be managed by one Member of Parliament.

He said there was already a proposal in the NCC to increase the number of constituencies but noted that the plans to delimitate some constituencies may be hampered by limited resources and space in the Parliament chamber.

ZANIS

Kafulafuta Member of Parliament (MP) George Mpombo has vowed that no one will force him out of the ruling MMD for holding divergent views contrary to those of the party’s supreme body the National Executive Committee (NEC).

Mr Mpombo who is former defence minister said no MMD NEC member has any basis to hound him out of the ruling party.

He said all the statements he has been issuing are based on pertinent developmental issues which are clear to the Zambians.

The Kafulafuta MP added that the issues he has been raising are critical to the sustainability of the ruling MMD.

Mr.Mpombo said the failure by the NEC to appreciate his statements has exposed the ruling party’s intolerance to divergent views.

He has since vowed not to leave the ruling MMD regardless of the decision of the party’s NEC would make against him.
[ QFM ]

Opposition Patriotic Front (PF) leader Michael Sata has challenged government to tell the nation who it is trying to protect through weakening the Anti Corruption Commission (ACC) Act by removing the abuse of office clause from the Act.

Mr Sata warned that even if government succeeds in removing the clause from the ACC Act, there are other laws that will be used to catch up with those who are abusing their offices in the current government.

Mr. Sata said the ruling party should tell the Zambians why it wants to remove the clause from the ACC Act if it is not meant to protect those in government once they leave office.

He said the move by government to remove the abuse of office clause from the ACC Act would dilute the fight against corruption.

Mr Sata stated that government should make Zambians understand the reason why they should not question its decision to review the ACC Act.

Government is reported to have removed the abuse of office clause from the revised Anti Corruption Commission Act which it will present to parliament.
[ QFM ]

The Lusaka High Court will next Monday hear a case in which the MMD has petitioned the Mufumbwe by-election won by the United Party for National Development (UPND).

The matter came up yesterday before Judge Philip Musonda but it could not proceed because lawyers raised preliminary issues in chambers.

The court heard that the lawyers in the case had not adequately exchanged documents for the case to go ahead.

The court set July 12, 2010 as the date for hearing of the petition.

The MMD, through its losing candidate, Mulondwe Muzungu wants the court to nullify the poll results and declare that UPND’s candidate Elliot Kamondo was not duly elected.
[ Times of Zambia ]