HH AIDES INVOLVED IN CORRUPTION
…if ACC doesn’t know, they’re not up to the challenge – M’membe
By Fanny Kalonda
WE know of the corruption involving some of the Presidential aides at State House, says Socialist Party president Fred M’membe.
He also wonders if UPND officials suing government for malicious imprisonment or wrongful prosecution that occurred under the PF is not a form of organised looting of state resources.
“Can the current ACC director general [Gilbert Phiri] sanction the investigation of Maurice Jangulo’s company in relation to the procurement of fertiliser when Maurice has strong ties to the appointing authority, with whom the DG has very close client-patron ties stemming from their time in opposition? Is it any wonder that the ACC has never found any single case of corruption in this government? We know of the corruption involving some of the presidential aides at State House. If the ACC does not know, then they are simply not up to the challenge,” Dr M’membe said. “If they know, how come they have not summoned those involved for interrogation? The only time the ACC should be taken seriously is when they start to touch members of the inner circle of this government. Look at the contradictions coming from the Attorney General’s office on the honeybee scandal! Why isn’t the ACC getting involved in this matter? Isn’t it because some of the culprits involved in the behind the scenes negotiations pertaining to honeybee are their colleagues at State House, even though some praise singers will falsely claim that it is actually State House that blocked the payment to honeybee?”
And Dr M’membe noted that appointing party functionaries to important government positions that require independent minded professionals is not a small matter.
“In March 2022, 15 UPND cadres who were accused of burning Lusaka’s City Market took the State to court demanding K8 million in compensation for false imprisonment and malicious prosecution. In May, a UPND cadre who was accused of attempting to assassinate former president [Edgar] Lungu sued the State demanding compensation for false imprisonment and malicious prosecution amounting to K5 million. There are other suits too numerous to mention but the ending has usually been the same: consent judgments between the suing parties and the Attorney General followed by payment of huge sums of money from the treasury to those that had sued,” he noted in a statement. “Why is the Attorney General Mulilo Kabesha, who himself has known ties to the UPND, eager to award huge monetary damages through consent judgments to UPND members in all cases where such members, represented by UPND aligned lawyers, have sued the state for malicious imprisonment, unlawful detention or wrongful prosecution that occurred under the PF? Isn’t this a form of organised looting of state resources? What is preventing the Attorney General from defending public interest by way of allowing these cases to proceed to trial where the petitioners’ claims can be put to the test or challenged? How does the public even know with certainty that these claimants exist and that they are not hired people masquerading as UPND cadres who are being used to reward party cadres or mobilise financial resources for the party?”
Dr M’membe wondered if the UPND was indirectly fundraising for the party or empowering its cadres using state resources.
“Where is the new dawn they keep singing about? How different is this organised banditry from what the PF did with Lewis Mosho over the Shoprite case? Those who have followed these cases may note that so many have been filed, but usually only one at a time. A new one is only started after the existing case has been disposed of via a consent order. To our knowledge, not a single one of these cases has ever gone to trial. Why? Is the UPND indirectly fundraising for the party or ‘empowering’ its cadres using state resources?” he asked.
Dr M’membe said the UPND is doing the same thing that PF did of appointing party loyalists to key government positions “but trying to make it appear that they are hiring non-partisan professionals not aligned to the party which is a merely a smokescreen”.
He cited home affairs permanent secretary Josephs Akafumba “who was implicated in a telephone scandal in a matter that involved the interests of the UPND as party and which had nothing to do with public interest”.
“It has been nearly 10 months now! Or is the Inspector General of Police waiting for members of the public to share their findings on the case before Mr Lemmy Kajoba can claim credit and praise himself?” he wondered. “There is a wider lesson here: the cost of appointing party loyalists to key government positions, the same thing that happened under the PF. The only difference is that the PF were more transparent about this practice. The UPND is doing the same but make it appear like they are hiring non-partisan professionals who are apolitical or not UPND aligned. This is merely a smokescreen. Like the PS without portfolio Patrick Mucheleka at Cabinet Office, Levy Ngoma, the Special Assitant to the President for Political Affairs, holds a position in the UPND leadership. How can these civil servants be expected to rise above their party interests in cases where these are threatened? Is it surprising that Levy, alongside the home affairs PS Josephs Akafumba, was implicated in a telephone scandal in a matter that involved the interests of the UPND as party and which had nothing to do with public interest?” he asked. “And even when the public complained about Levy’s conduct and abuse of state resources to advance the interests of the UPND nothing happened to him because he was as he said in the leaked audio, acting in furtherance of the interests of the ruling party and on the instructions of his principal.”
Dr M’membe also wondered how oficials appointed from the party can be expected to retain fair or independent judgment and defend public interest in matters that involve or affect UPND members.
He cited the current Minister of Justice Mulambo Haimbe who he says sounds like a UPND secretary general whenever he speaks on issues of public interest that affect his party.
“The issue we raise of appointing party functionaries to important government positions that require independent minded professionals is not a small matter. It is an important issue that is likely to assume even greater significance when appointments to the office of the Director of Public Prosecutions and the leadership of both the civil service and the Electoral Commission of Zambia are made. Those in doubt that party functionaries will likely be appointed to these positions should wait for the long delayed but imminent announcement of the new DPP, ECZ CEO, ECZ chairperson and deputy chairperson and Secretary to Cabinet,” he said. “When one looks at positions such as Special Assistant to the President for Legal Affairs, Minister of Justice, Attorney General, Solicitor General, ACC Director General and even Speaker of the National Assembly, they will realise that these public positions are all filled with individuals who are linked to the UPND and possibly members. How can these be expected to retain fair or independent judgement and defend public interest in matters that involve or affect UPND members? Can these officials really rise above their possible partisan interest and allegiance to the UPND since its potential loss of power would denote their own removal from these positions?”
Dr M’membe said the country has been duped as the people in power are not who they claim to be.
“Some of these officials we have mentioned above run law firms that are still doing business with government. Like their principal who has not only refused to publicly reveal his assets and declarations in the spirit of transparency but made it clear that his businesses are still doing business with the government, they don’t see any conflict of interest in their dealings. Take the current cases, for example. Those suing the State for malicious or wrongful prosecution are UPND cadres. Those representing the litigants are lawyers connected to the UPND. Those who have the responsibility to put up a fight on behalf of the state and in defence of public interest are connected to the UPND. Those deciding the huge amounts to be awarded to the petitioners are officials connected to the UPND,” Dr M’membe noted. “Doesn’t a consent order in this case benefit everyone involved: the cadres, the lawyers, the officials, and indeed the party, if some of these resources end up there? We are not saying those suing have no case. We are asking a simple question: can these officials really vigorously defend public interest against the ruling party members making the claims, even if these cases go to trial?”
Dr M’membe added that even some civil society who criticised the previous administration are serving in government bodies.
He said with food in their mouth, they can no longer speak but whenever they speak, it is to lead the praise of the new government.
“Zambia, we have been duped! These people in power today are not who they claim to be. They say one thing in private and another in public. They are wolves in sheep’s skin. The other problem is that many in civil society have been co-opted. With the exception of one or two people such as Brebner Changala, John Sangwa and Archbishop Telesphore Mpundu, those from civil society who held to account or criticised the excesses of the previous administration are now serving in government bodies,” he said. “With food in their mouth, they can no longer speak. Whenever they speak, it is to lead the choir of praise in such sycophantic fashion that they end up doing a disservice to those they support. Since they are incapable of embarrassment, one can only be embarrassed on their behalf. It is sad to see people with previously illustrious careers in civil society reduced to the role of praise singers.”
Dr M’membe said the same problem of co-optation is noted in relation to Zambia’s public intellectuals.
“In Zambia, intellectuals have been frustrated by poor conditions of service and their expertise has generally remained unsolicited and often underutilised. This may explain the extreme penchant, among our intellectual elite, for opportunism and willingness to be silenced in return for an appointment on a government board. So, when a few stand out and condemn injustices, that is worth celebrating,” he said.
He noted that before 12 August 2021, there were several intellectuals who risked their careers and even lives to express outrage against the many wrongs that were happening under the PF government.