It’s useless for Musa to declare assets with CJ – Prof Ndulo
By Agness Changala
United States of America based constitutional expert Professor Muna Ndulo says while it is good that former Anti-Corruption Commission (ACC) chairperson Musa Mwenye declared his assets, it’s useless because the Chief Justice has no mandate to receive the declarations.
And Prof Ndulo said asset declaration code is good but needs legislation to set up a whole structure that does not target individuals.
Last month, after President Hakainde Hichilema dissolved the ACC board, Mwenye volunteered to declare his assets before Chief Justice Mumba Malila.
Mwenye has been advocating for individuals serving in public office to declare their assets as well as coming up with a law that would compel Presidents to declare their assets.
Commenting on the same in an interview with Daily Revelation on Monday, Prof Ndulo said it was useless … https://dailyrevelationzambia.com/its-useless-for-musa-to-declare-assets-with-cj-prof-ndulo/
Ba Ndulo, keep quiet. Your man HH has destroyed everything and you want to start make small noise.
Musonda contrary to your malicious comment it is actually your fellow PF criminals who destroyed everything. Don’t blame HH for your personal poverty which you willingly enherited from your PF Ancestors. I submit!
Musonda where in the law does it state that the President needs declare his/her assets? Where the law suggests so is at nomination.
So start with your PF that codified the law to a particular situation.
Musa is just trying to be a Smart Alec. If he wants to be of public service to Zambians, let advocate what Muna Ndulo suggests by having the law changed through a Private Members bill. But we know folks like the same MP wont, as they dont want. As the bill should suggest everyone in the Public service (and that includes local government from elective position to employees) should declare their assets.
The tendency to quarrel is not helpful at all. Please value the exchange of useful information for its own sake. I hv put my own thoughts below. Muna Ndulo is in fact right. There’s at present no law authorising the Chief Justice to receive such assets and liabilities declarations by public officers and what to do with it. It costs money to hold information and the Chief Justice has no budget line to support holding of the information.
No, ba Ndulo, it is not useless for Mr. Mwenye to declare his sssets before the Chief Justice. At least we have a record against which we can refer while we are waiting for you, Prof Ndulo, to put the requisite legal framework in place.
I applaud the effort of Mr. Mwenye and others should follow his example. At least he is walking the talk even in the absence of a formal legal structure for such.
Asset and liabilities declaration must take an authorised format backed by legislation to be of use. After declarations are made, an authorised public office must receive and keep the information which would then be open to inspection by curious members of the public after payment of a token fee to pay for the cost of keeping the information. The law backing declaration of such information must also make it punishable to make a false declaration. That’s the only time the law can advance public interest.
Ndulo is upset that Musa Mwenya is trying to show Kainde what it is to lead by example. Ndulo should not be narrowly legalistic. Leading by example is an aspect of morality.
The professor Muna Ndulo is right. It is pointless for Musa Mwenye to declare his assets to the Chief Justice who has no business to receive such declaration. Assets declaration must be backed by law and that is the problem with Musa Mwenye SC. There are existing laws for assets declaration and it is lawlessness to want people to declare their assets according to one’s wishes.