Declaration of Assets and Liabilities: Why are the former ministers not respecting the law?
It is good that Given Lubinda, Acting president for PF has raised concern over the recent declaration of assets by the current Cabinet Ministers and the slow pace it is being done.
Mr Lubinda argues that, FIRSTLY THE DECLARATIONS ARE BELATED BY 10 MONTHS BECAUSE THE LAW DICTATES THAT WITHIN THE MONTH OF BEING APPOINTED, A PERSON MUST MAKE A DECLARARTION.
He may be right on the time framework it has taken to declare and the concerns on the figures and one wonders the reluctance from those concerned to declare.
However, one may ask whether Mr Lubinda, as former Cabinet, and his colleagues have read the Constitution on the declaration of assets and liabilities and who is targeted for that.
Do they know the demands from the Constitution that both ‘the ins and outs’ public officers (cabinet minister) need to declare their assets and liabilities?
For avoidance of doubt, Article 263 of the Constitution of Zambia demands that both Mr Lubinda, as former minister, and the current Ministers should have declared their assets and liabilities long time ago
The Constitution states, A person holding a public office shall, before assuming office or leaving office, make a declaration of their assets and liabilities, as prescribed
The law on declaration of assets and liabilities, the PF acting president was referring to, must have been derived from the above cited Article.
The question is, have the former ministers declared their assets and liabilities in the last 10 months after leaving office?
If yes, how many have declared, and if not, why?
Unfortunately, the Constitution doesnt exempt Mr Lubinda and his friends who were former ministers, former Vice President, Inonge Wina and former president, Edgar Chagwa Lungu and public officers.*
Isn’t it the non declaration of their assets and liabilities 10 months after exiting the office a breach of the Constitution?
And if people breach the Constitution, doesnt that attract prosecution under the law or the former ministers are awaiting persecution in order to be forced to declare their assets and liabilities?
I submit
McDonald Chipenzi