President Hichilema Must Declare His Assets To The Public- Chipenzi

LAW ON DECLARATION OF ASSETS & LIABILITIES: A FIRST STEP TO A TRANSPARENT AND ACCOUNTABLE GOVERNMENT BY THE NEW DAWN GOVERNMENT.

After nominations, citizens demanded that presidential candidates’ assets and liabilities be made public by the Electoral Commission of Zambia (ECZ), but this demand was resisted by the ECZ.

In its argument, the ECZ argued that the law did not compel it to make public the declared assets and liabilities of candidates.

However, ARTICLE 263 demands that a person holding a public office SHALL, before assuming office or Leaving office, make a declaration of their assets and liabilities, as PRESCRIBED.

Appreciate the use of “SHALL” in the supreme law of the land entailing that declaration of assets and liabilities by public officers is mandatory to do so. But the question will be to who should these public officers declare their assets and liabilities?

Is it to the ECZ alone who are also required by Article 266 declare their assets and liabilities but have not done so for years now or to the judiciary?

The constitution under Article 82 (2) (e) also demands that a person to qualify to be elected as Speaker of the National Assembly that person must declare his/her assets and liabilities, as PRESCRIBED.

This also applies to a person to qualify to be nominated as a candidate for election as President (Art. 100(1)(h), member of Parliament (Art. 70(1)(e) and only the office of a councilor is not demanded to declare these assets and liabilities.

And what is a public office by the Constitution definitions/interpretation?

Art 266 of the Constitution defines public office to mean an office whose emoluments and expenses are a charge on the consolidated fund or other prescribed public fund and includes a state office, constitutional Office and an office in the public service, including that of a member of a commission.

Further Article 266 defines *State Office to include the office of President, vice-president, Speaker, Deputy Speaker, Member of Parliament, Minister and Provincial Minister.*

In with Art 263 that demands for declaration of assets and liabilities for outgoing and incoming public officers, It is therefore imperative for the public to demand to know the assets and liabilities of the former President, EDGAR CHAGWA Lungu and the current president HH.

This also applies to current and former vice-president, current and former Speaker of the National Assembly and current and former Deputy Speakers, current and former Members of Parliament, current and former cabinet Ministers and Provincial Ministers, the current and former members of the Commissions e.g ECZ, HRC, ACC, TSC, CSC, LGSC among others.

With the New Dawn government’s emphasis on transparent, accountable and servant leadership, rule of law and constitutionalism, public declaration of public officers’ assets and liabilities will be a demonstration of commitment towards accountable, transparent and servant leadership, Zambians have yearned for years.

The constitution clauses and the relevant Acts of parliament on the declaration of assets and liabilities must be respected by all.

Let us know your assets and liabilities and ECZ must be honourable enough and published the declared assets and liabilities by all contestants to the position of President and MP.

The clerk of the National Assembly must publish the declaredassets and liabilities by the outgoing and incoming speakers.

And those institutions receiving these declarations of assets and liabilities of these public officers must do the same.

We are itching to hold them accountable. it is the New Dawn.

I submit

McDonald Chipenzi