By Ulande Nkomesha,
THE Anti-Corruption Commission has disclosed that it received 222 reports of suspected corruption between January and August 2021, with more than 100 of those reports made immediately after the general election.
And Justice Minister Mulambo Haimbe says his government will not allow criminals to evade justice and will leave no stone unturned by providing a conducive environment in which the fight against corruption can be effectively undertaken.
In a speech read on his behalf by ACC director community education Dorothy Cheelo during the Zambia Anti Corruption Conference, Tuesday, ACC acting director Silumesi Muchula said the Commission always worried when they see the increasing number of suspected cases of corruption being reported.
“It is a known fact that corruption has devastated the country’s developmental plans and that this is the elephant in the room at the moment. As a Commission, we worry when we see the increasing number of suspected cases of corruption being reported.
But at the same time, we are happy that the Zambian people are concerned and committed to taking up their collective responsibility to combat corruption.
In 2020 the Commission had a total of 539 reports, of these reported cases, 253 contained elements of corruption but only 182 were worth investigating, the remaining 68 did not have sufficient information for an investigation to be instituted. However three of the reports were recommended for corruption prevention exercises,” he said.
“Between January and August 2021, we had 222 reports of suspected corruption made. More than a 100 of the 2021 reports were made immediately after the August 12th general election, that speaks volumes.
Despite the country making tremendous efforts to curb corruption others still perceive the countryside’s state of corruption in the negative. This can be seen from the Corruption Perception Index of 2020.”
Muchula said there was need to review the existing Anti Corruption laws including the Forfeiture of Proceeds of Crime Act No 10 of 2010, to effectively combat corruption.
“The Commission is determined to ensure that all perpetrators of corruption are caught and severely punished in line with the existing laws in respect of their status in society. In other words, the use of punishment should serve as a deterrent to other would be offenders of this abominable crime.
However, it is imperative to say that the existing Anti Corruption Law needs urgent attention in order for it to be effectively used and attain the outcome of punishing offenders. Similarly, other related laws need a review among them are the Forfeiture of Proceeds of Crime Act, No 10 of 2010, the Public Interest Disclosure Protection of Whistleblowers Act No 4 of 2010 and the Pre-Negotiations and Agreement Act No 20 of 2010.
All of these were enacted over 10 years ago, it is my hope that a review of the various laws will help the country to effectively combat corruption and bring the perpetrators to book,” said Muchula.
And Haimbe said offering amnesty was part of a broader strategy to fighting corruption as assets recovered would also benefit the public through reallocation of recovered funds and assets.
“Allow me to address the issue of fast track courts. The Anti-Corruption Act No. 3 of 2012 provides for asset recovery or forfeiture after criminal prosecution as well as asset recovery without criminal prosecution or what is known as civil forfeiture. Section 80 (2-3) reads as follows: ‘the Commission may negotiate and enter a settlement with any person against whom the Commission intends to bring or has brought, a civil claim or application in court.
The Commission may tender an undertaking in writing not to institute criminal proceedings against a person who; (a) has given full and true disclosure of all material facts relating to the past corrupt and illegal activity by that person or other, and; (b) has voluntarily paid, deposited or refunded all property that person acquired through corruption or illegal activity’,” he said.
“Therefore, a settlement agreement is not a deal to allow criminals to go free, it is aimed at saving the public from a lengthy, expensive and uncertain trial. In Zambia’s recent predicament, where high profile corruption cases have collapsed in court with no benefit to the public, offering amnesty is part of a broader strategy to fighting corruption.
The assets recovered will also benefit the public through reallocation of recovered funds and assets to public services such as health and education.”
The Justice Minister said government would not allow criminals to evade justice.
“Offering amnesty from prosecution is also not in conflict with a zero tolerance for corruption stance since it provides an opportunity to deprive criminals of illegally gotten wealth and generates evidence for the investigation. Huge financial resources are a dangerous weapon if left in the hands of criminals.
These funds can be used to fund other criminal activities and to finance state capture where criminals use money to fund politics in order to control governments.
To this end, the new dawn government will leave no stone unturned by providing a conducive environment in which the fight against corruption can be properly and effectively undertaken. There shall be no sacred cows in this battle,” Haimbe said.
“Government will not allow criminals to evade justice, I, therefore, call upon relevant law enforcement agencies including the Anti Corruption Commission, to upscale their efforts in investigating and prosecuting such cases.
I also call upon you all to support government in realizing the strategy in particular and in championing the fight against corruption in general. The fight against corruption demands a multi sectoral approach. The fight is not for Transparency International Zambia or the Anti Corruption Commission alone, the fight is for all of us.
I therefore call upon you to fully participate in this conference through offering key insights.”
Haimbe said the anti corruption fight had in recent times not delivered effective results.
“Zambia’s Anti Corruption fight has in recent times not delivered effective results, as indicated by the country becoming a significant decliner on Transparency International’s Corruption Perception Index (CPI). Zambia’s CPI score has dropped by five points since 2013, indicating a rise in public sector corruption.
The UPND government’s stance and commitment is therefore an opportunity to reignite the fight against corruption in order to change the narrative,” said Haimbe.
“We were having a chat earlier in the day on how we can strengthen some of the laws for example the Anti Corruption Law in relation to how the law responds to the needs of the country, in terms of its ability to provide for an effective solution to corruption. So definitely there is need for us to have a holistic review.
There is need for us to have judicial and legal reforms in order to ensure we give the fight against corruption an impetus it requires. The discussion of lifestyle audits and declaration is one that is ongoing, certainly from a principle perspective it makes a lot of sense for us to go down this route.
That will indeed be a very effective tool for accessing the extent to which public officers do their work and the extent at which they do or not avail themselves.”