A ROTTEN ACC: CORRUPTION FIGHT MUST BEGIN WITH HICHILEMA- Fred M’membe

A ROTTEN ACC: CORRUPTION FIGHT MUST BEGIN WITH HICHILEMA

The revelations by Dr O’Brien Kaaba about the corruption in the Attorney General’s chambers and at the Anti-Corruption Commission (ACC) are matters that have been of concern for some time. And we have consistently raised alarm over these matters since August last year, and there has been no action.

But yesterday, Dr Kaaba, a member of the ACC board, disclosed that state chambers were in the forefront of looting: “State chambers are in the forefront of cutting corrupt deals and facilitating corruption. This has put all law enforcement agencies in an awkward situation as state chambers ought to be an ally in fighting corruption. No serious crusade against corruption can yield fruits when the heart of the legal machinery for government is contaminated,” Dr Kaaba stated. “The level of corruption is sickening, to the extent that state chambers are the ones looking for litigants to sue the government and pre-agree to settle or enter consent orders involving huge sums of money. The scheme has been perfected to the extent that some orders are now signed using judges outside Lusaka to avoid public scrutiny and media attention in Lusaka. The president needs to do two things: a) dismiss his senior legal advisors and b) either set up a commission of inquiry or authorise a special audit into all the high value payments authorised by state chambers in the last three years.

“It is a mistake to expect ACC to be an effective tool for fighting corruption in its current form. It is a captured institution. The forces that are ripping off the state resources through state chambers also have their stranglehold on ACC. It is no wonder the media has been reporting that the ACC management has simply cut off the board from decision-making at the ACC. If the media reports are true, the ACC is not accountable to its board but to the same corrupt elements looting public resources. This suggests the capture is so complete, and corruption reigns with impunity.”

Dr Kaaba, who is also a law lecturer at the University of Zambia (UNZA), advised Mr Hakainde Hichilema to consider setting up a commission of inquiry to find out the depth of the problem. He stated that the mandate of the commission should be broad and extended to both current and past corruption.

Clearly, this is not about personal differences between Dr Kaaba, a member of (ACC) board, and Mr Tom Shamakamba, the Director General of the ACC. It is about the abuse and consequently weakening of state institutions, especially law enforcement agencies by Mr Hichilema. Today, the Director General of the ACC does not report to his board but only reports to Mr Hichilema at State House. The frustrations being expressed by Dr Kaaba cannot be isolated from the whole ACC board, at least give it to him, Dr Kaaba seems to have a strong spine that others on the ACC board have not demonstrated to have, if at all they have it.

As we have said before, the whole corruption prosecution by Mr Hichilema is nothing but vengeance. Otherwise, how can one explain the ACC’s failure to arrest those close to Mr Hichilema like Solicitor General Mr Marshal Muchende. Mr Muchende’s corruption is known throughout ACC. Recently, the ACC Director General himself whispered to one of our country’s leading civic activists that he was going to arrest Mr Muchende but up to now he has done nothing, and the civic activist he told is wondering why? As we have stated before, Mr Hichilema’s fight against corruption is discredited because it is not just, fair, and honest. It is just about those he considers to be enemies, especially members of the previous government of Mr Edgar Chagwa Lungu.

We also wonder why Dr Kaaba is not resigning. Why is he keeping himself in such a dirty, filthy, and discredited organisation? An organisation that has totally lost credibility. Why is the ACC board chairperson and other board members not resigning? Are they saying what Dr Kaaba is saying is not true? Are they saying the corruption tainted ACC Director General is still the best man for the job? Where is there integrity and patriotism?

Today, corruption in the country is too much because Mr Hichilema himself is corrupt. No wonder he hasn’t declared his assets. He knows he can’t account for what he has, his wealth. Bembas say mumbwe pakulila ninshi pali eko ashintilile (loosely translated: a minion’s excessive arrogance and impunity signifies that they have the backing and support from superiors or high authorities). So, the ACC Director General is definitely leaning and seeking protection in Mr Hichilema. You cannot fight corruption in Zambia without starting with Mr Hichilema and his league. For the fight against corruption and immorality in this country to make sense, it must start with Mr Hichilema and his league.

On August 21, 2023, we raised concern over Mr Hichilema’s silence and attempts by State House to block the ACC bribery investigation on Mr Muchende. We were aware that the ACC had placed a restriction order on the property believed to belong to Mr Muchende over allegations that the Solicitor General received a sum of over US$ 500,000 as a bribe – and much more – from a named former liquidator. We were also reliably informed about the frantic attempts from State House to get the restriction order lifted and the investigations into Mr Muchende’s alleged involvement in corruption thwarted or frustrated.

We further addressed Mr Hichilema directly on this matter with the following questions:

1. Why is there panic and desperation in State House over Mr Muchende’s investigation?
2. Who is Mr Muchende to Mr Hichilema? What is their relationship?
3. What past business/political or other dealings have Mr Hichilema and Mr Muchende done together?
4. Since there is a traceable history between the two, isn’t Mr Hichilema compromised in this matter?

We raised the questions above as a way of reminding this corrupt regime, and Mr Hichilema, in particular, that his continued silence on this matter is eroding the people’s trust and confidence in the country’s justice system.

The rot at ACC, Attorney General’s chambers, and other state institutions originates from State House. No doubt, Mr Hichilema is presiding over an extremely corrupt government.

Fred M’membe
President of the Socialist Party