Chilufya tayali wrote:
PF COMPROMISED ACC BY KEEPING ROSEMARY IN AN ACTING POSITION WHILE MR. PHIRI COULD NOT DISCHARGE HIS FUNCTIONS AS DG
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Do you know that, Rosemary Khuzwayo has been acting as Director General of the Anti-corruption Commission since about October 2018 while the substantive Director General, Kapetwa Phiri, has been at home due to an ailment?
Yes, Rosemary was appointed by President Lungu as Deputy Director General of ACC after Mr. Phiri went on sick leave due to a stroke that he suffered in 2018. As Deputy, Rosemary took up the acting position and the status-quo has been like that till 4th October when her contract ended.
So, get the clarification, she was not fired by the “New dawn” govt as some media are reporting. However, it is true that the Commissioners refused to renew the contract, if that is the same as firing, I beg to differ.
AND WHO APPOINTED THE CURRENT COMMISSIONERS?
Let’s just say, they were appointed by the previous regime and I am wondering if President Hichilema has powers to fire them. Technically it, therefore, follows that, Rosemary refusal for her contract to be renewed has nothing to do with the current Govt.
WHO IS ROSEMARY KHUZWAYO?
I would lie if I said I know her personally, but I have interacted with her mostly, in her capacity as Acting Director General of the ACC.
ROSEMARY PROTECTED PRESIDENT HICHILEMA WHEN ASERNALS WERE POINTED AT HIM THROUGH ACC
Some of you laugh at me, that I bluffed about my evidence against President Hichilema, then in opposition, but I will tell you that, the land allegations against President Hichilema were put off like water on bush fire by Rosemary.
I will not discuss the merits of the evidence because it is water under the bridge, but I want you to know what Rosemary told me as she was escorting me out of her office.
“I know BaTayali, you work closely with some people who would want to see this man arrested and possibly jailed, or at least embarrassed, but you should know that, he also has rights which has to be respected. So the Commission will not work under pressure but work within the provisions of the law”, she said.
I can vividly remember her talking to me like a girl who wants to turn down your proposal, but politely, knowing that, your father is a big guy, and I got the message.
From that time, I had so much respect for her, because I knew that, what I may have seen as evidence, was not good enough for the ACC to arrest HH.
However, Rose was not liked by many senior Govt Officials and they wished she was out of ACC. You remember that even President Lungu complained about ACC arresting Ministers, though he didn’t engineer her firing like they did to Ireen Lamba.
For Ireen Lamba, they just concocted a fake case and had her arrested and that is how they removed her.
SO WHY DIDN’T THE PF REMOVE KAPETWA PHIRI AND APPOINT ROSEMARY AS DG?
In my opinion the PF kept the ACC in a weaker position by having Rosemary in an acting position while the substantive DG was unable to carry out his functions.
Much as she resisted some of the issues brought before her to act on, while in other cases she decided to fight corruption, by arresting some senior officials including ministers, she was still in a weaker position because she was only acting.
If Rose was FULL Director General protected by the constitution, I think, things would have been different.
HOW DO YOU REMOVE THE DIRECTOR GENERAL OF THE ACC?
Removing the Director General of the ACC is not easy at which makes me disappointed when I see these investigative wings bowling to political pressure.
According to the ACC Act a person appointed Director General, by the President, subject to ratification, may be removed from office for inability to perform the function of his office, whether arising from infirmity of body or mind or from any other cause, or for misbehaviour, and shall not be removed except by or in
accordance with a resolution passed by the National Assembly by supported by the votes of not less than two-thirds of all the members of the National Assembly.
It actually doesn’t end there, upon resolving that the DG ought to be removed, the Speaker of the National Assembly shall send a copy of such resolution to the Chief Justice who shall appoint a
tribunal consisting of a chairman and two other persons to inquire into the matter.
Only after the tribunal has recommended that, the DG must be removed, do the President come in, to fire the person.
Therefore, those of you calling for the firing of DEC Director, Director for Public Prosecution (DPP) and other constitutional officers, take a chill pill, it is not just because Bally is in office. He has to act within the confines of the law and at times it is frustrating.
WHAT SHOULD HAPPEN AT ACC?
I didn’t write this article to save face of Rosemary, but to set the record straight and let you know my opinion about her. I think she was professional, but let her go serve elsewhere.
However, there is need to strengthen ACC by appointing a new Director General, removing the current one who for a long time has not been able to discharge his duties due to infirmity.
As long as ACC is headless, the UPND can’t boast of fighting corruption, it will still be weak as it was during the PF regime.
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