Oversight Institutions have lost Independence and Autonomy
By Amb. Emmanuel Mwamba
Many people have expressed concern at the content of the last press conference held by Republican President, Hakainde Hichilema.
At this briefing the President spent time discussing among other things, individuals.
He constantly referred to “a clique of thieves” and their alleged manouvres.
He also discussed Patriotic Front Acting President Given Lubinda, Acting Secretary General Nixon Chilangwa, MCC for Information and Publicity, Raphael Nakacinda, former Minister of Infrastructure, Ronald Chitotela( by reference) and former Lusaka Province Minister, Bowman Lusambo.
The President discussed cases under investigations or active in court making his comments about the said individuals prejudicial.
Other than Lubinda and Chilangwa, those mentioned have since been arrested.
It is clear that President Hichilema’s pledge to let the fight against corruption be professional and independent from his office, has been reneged and abandoned.
We should have paid attention as soon as Government reorganized the structure and placement of oversight Institutions of the State under State House.
Concerns and alarm bells were raised when this reorganization placed especially the Anti-Corruption Commission and the Public Protector, under State House.
The Law Association of Zambia has been on record demanding to free the Anti-Corruption Commission from being controlled or being seen to be controlled by State House.
Between 1980 and 2012, the President had a strong hand in directing the fight against corruption as the law had allowed him to control the Commission and make regulations associated with the fight against corruption.
The earlier Anti-Corruption (Disposable of Recovered Property) Regulations, 2004 is one example of a presidential hand in directing the fight.
In the ACC 2012 Act, under President Michael Sata, he showed political will by removing the President from making regulations and gave the Commission an autonomous status, which was later confirmed by the Constitutional Amendments in 2016.
There was a recognition that the Presidency used these institutions to wage war against perceived political opponents.
Pteviously, State House officials also shielded themselves from being investigated by the very institutions they have under their control.
Infact the changes were seen to bear fruits when State House Special Assistant for Press and Public Relations Amos Chanda and Special Assistant for Politics, Kaizer Zulu were summoned by the ACC and formally investigated on allegations levelled against them.
This autonomy and functional independence of the ACC has since been lost.
As soon as President Hakainde Hichilema took office, he placed the Anti-Corruption Commission back under State House.
In a Gazette Notice No. 1123 of 202, it formally put the ACC, the newly created Anti Financial and Economics Crimes Commission, Office of the Public Protector, and the Judicial Service Commission among other institutions, directly under his Office.
Cabinet Office justified the re-organisation as done for “administrative purpose” only.