Conflict of interest, Taking Undue Advantage
By Amb. Emmanuel Mwamba
Mr. Mulilo Kabesha was appointed as Attorney General on 28th September 2021. On 27th October,2021 Parliament ratified his appointment and thst of others and was subsequently sworn in.
Under the Legal Practitioners Rules of 2002, Cabinet Ministers, Provincial Ministers, Attorney-General, Solicitor-General, DPP and Government Officials (public service and civil service) cannot engage in private practice and cannot be partners in law firms.
The Attorney-General’s name continues to appear as a Sole Partner and Managing Partner of Kabesha and Company.
The law firm based in Kabwe has since opened a Lusaka Branch.
We have various cases relating to this matter.
For example, former Director General of the Anti-Corruption Commission (ACC) Irene Lamba, was prosecuted and hounded out of office for the same offence as it amounted to conflict of interests.
In 2013, Lamba was accused of willfully disobeying the provisions of the Anti-Corruption Commission Act by discharging the duties of a legal practitioner under Chongo, Manda and Associates while holding the position of a public officer and performing the functions of the Director-General of the ACC.
It is imperative that Mr. Kabesha SC desists from practicing as a private legal practioner while holding the position of Attorney-General or resigns to concentrate on his private practice.
