President is not immune to corruption, abuse of office – ACC chairperson Musa Mwenye

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Musa Mwenye SC

President is not immune to corruption, abuse of office – Mwenye

By Fanny Kalonda in Livingstone

WE cannot seriously fight corruption without first enacting the laws that require any person who assumes office of republican president to declare his or her assets, interests and liabilities, says ACC chairperson Musa Mwenye.

During the 2023 Zambia Anti-Corruption Conference in Livingstone on Monday, Mwenye said the republican president is not immune to corruption, abuse of office or conflicts of interest.

He noted that declarations are made with the Electoral Commission of Zambia as part of the presidential election nomination process but not as a republican president.

“We have no problem with people making money properly. If you have a million dollars, it’s easy to check if you have ever paid value tax for the income. To be effective, lifestyle audits must be aided by an open and vigilant press, an active and well informed civil society and most importantly, there must be an existence obligation for regular declaration of assets, incomes and interests which are open to the public. …as a country, we have failed lamentably to abide by our international obligations in this regard…” he said. “Although the parliamentary and ministerial code of conduct provides for the members of parliament to declare an interest in government contracts that are made or proposed, also provides for ministers, the Speaker and the deputy speaker to declare their assets, liabilities and interests, within 30 days of their oppointment, and thereafter annually, in this country…”

Mwenye noted the need for government to enact laws that require permanent secretaries, controlling officers, senior government officials such as the Secretary to the Cabinet, presidential advisors, Secretary to the Treasury, Attorney General among others to declare their asserts.

“There has never been any legal requirement for the republican president to declare his or her assets, interests and liabilities. There is no requirement for senior government officials, permanent secretaries, controlling officers, regulators and licencing officers to declare their assets. I served as solicitor general, I served as attorney general, I never was required to declare my asserts. We all agree that the history of this country shows that the office of republican president is not immune to corruption, abuse of office or conflicts of interest,” he said. “One would argue that declarations are made with the Electoral Commission of Zambia as part of the presidential election nomination process. The short answer to that is that the declaration is made as a presidential candidate and not as a republican president. It is a well known fact that most of the cases we handle at the Anti-Corruption Commission emanate from government procurement, licensing and regulation yet there is no obligation for people who preside over procurement regulation and licensing to declare their assets. We cannot seriously fight corruption without first enacting the laws that require any person who assumes the office of republican president to declare his or her assets, interests and liabilities upon assuming the office and theirafter annually.”

He further noted the need for declarations to be open to public scrutiny.

“Similarly, we must enact laws that require permanent secretaries, controlling officers, senior government officials such as the Secretary to the Cabinet, presidential advisors, Secretary to the Treasury, Attorney General, Solicitor General, procurement officials, regulatory officials, licensing officials to declare their assets. The declarations will do well to be open to public scrutiny. And ideally, they must be lodged with the Anti-Corruption Commission. We should be … to verify the assets and conduct effective lifestyle audits. Doing this will go a long way in fighting corruption and safeguarding national resources,” said Mwenye. “The financial returns on an effective fight against corruption are very clear. The fight against corruption is more than just a matter of law enforcing. It is a smart economic strategy and a matter o social justice.”-The Mast

3 COMMENTS

  1. ““There has never been any legal requirement for the republican president to declare his or her assets, interests and liabilities. There is no requirement for senior government officials, permanent secretaries, controlling officers, regulators and licencing officers to declare their assets. I served as solicitor general, I served as attorney general, I never was required to declare my asserts. We all agree that the history of this country shows that the office of republican president is not immune to corruption, abuse of office or conflicts of interest,”
    While this is true. A law and life style audit should be enacted at cover every person that holds public officer and is a Public officer.
    The emphasis seems to be on the President, but the President doesnt act alone in the act of abuse of office or corruption. This seems more so now as power seems to be centered at State House. We speak of Decentralisation, what safe guards are we putting to deter corruption in those offices? Everyone who works for Boma (whether national or local government) & everyone elected into public office(from Wards to State House and those around them )should be subject to the declaration of assets and life style audit. And the possibilty that that audit maybe done retroprectively.

    • All his cabinet ministers have declared their assets.

      What is he hiding?

      He is not any more special than those that have declared.

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