CONSENT JUDGEMENTS; IT’S FRAUD AND CORRUPTION
By Prof Muna Ndulo and Dr O’Brien Kaaba on the Consent Orders Being Entered into by the State and Various Litigants
●there is either no sound legal justification for the settlements or the awards and the legal costs are grossly inflated.
●We are appalled that oversight institutions such as the ACC, which should be in the forefront of protecting public resources, are doing nothing serious about the problem.
30 November, 2023
We have observed with bewilderment and disbelief several consent orders entered into between the State Chambers and various individuals involving huge sums of money.
Although some appear well deserving, in a number these cases, there is either no sound legal justification for the settlements or the awards and the legal costs are grossly inflated.
For example, in the case of Kaizar Zulu, it is clear he was not acting on behalf of the state and there is no moral or legal justification whatsoever for the state to compensate those he injured in his private capacity.
It would appear that someone in the State Chambers is fishing for such cases for personal gain, and that is corruption.
It must be stopped forthwith.
We are also concerned that in some cases the lawyers representing concerned individuals and those in State Chambers have previously had personal connections, raising questions about conflict of interest and the credibility of the negotiations and the protection of public interest in these settlements.
We call upon President Hichilema to critically evaluate his legal team in State Chambers and dismiss those who are behind these racketeering schemes.
We are appalled that oversight institutions such as the ACC, which should be in the forefront of protecting public resources, are doing nothing serious about the problem.
This should have been stopped a long time ago had ACC been proactive, strategic and serious about protecting public resources.
The deals at the Ministry of Justice clearly indicate that to have a sustainable fight against corruption, it is not enough that the top national leadership is committed to the eradication of corruption. We need institutional transformation.
We need to redesign institutions like ACC to make them capable and truly professional and independent.
Professor Muna Ndulo, Cornell University
Dr. O’Brien Kaaba, University of Zambia
Sounds unfair to suggest that because one is a Politcian should not be compensated for fear of the influence from government, the same way politicians should not be be treated softly when they are wrong. Its a two way system in my view.
For sure the amounts involved are too huge and the fact that the state does not even attempt to take these cases to court whereby the court will at least decide on a fair amount means there is collusion between the state and the claimant. These are just daylight robberies.