FIC MUST BE ALIGNED WITH THE CONSTITUTION
By Isaac Mwanza
I commend Republican President, Mr. Hakainde Hichilema for his decision to appoint Board Members of the Financial Intelligence Center (FIC), among others, but he now needs to complete the job by realigning the Center with the Constitution as amended.
I was of the view that the delay by President Hichilema to appoint Board Members at FIC was based on good reason and consideration, that is, transformation and alignment of FIC with the Constitution as amended.
The 2016 constitutional amendments resulted in the creation of only three investigative wings, namely, the Anti-Corruption Commission, the Drug Enforcement Commission, and the Anti-Financial and Economic Crimes Commission, as per Article 235 of the Constitution.
Those who had been involved in constitutional-making process will recall that the Anti-Financial and Economic Crimes Commission was to be the successor of the Financial Intelligence Center.
To that effect, Section 10(1) of the Constitution of Zambia Act No. 1 of 2016, states:
“10. (1) Where a provision of the Constitution as amended has altered the name of an office or institution existing immediately before the effective date, the office or institution as known by the new name shall be the legal successor of the first named office or institution”
The FIC business involves conducting investigations into financial matters and it is only appropriate that the Center is aligned with the Constitution as amended.
President Hichilema should simply have explained the delay in his decision to appoint the Board, to array fears that he was plotting to decapitate the Center.