Public Protector is in place, except oversight facet – Haimbe
By Oliver Chisenga
JUSTICE minister Mulambo Haimbe says there are a number of things that have taken place in operationalising the Public Protector.
He says there is a public protector in place and the office is functioning except “of course the only aspect that seems to be lacking is the facet of parliamentary oversight”.
“There is a number of things that have taken place. I think you are aware of the background. The Public Protector, Ombudsman was previously an Executive Ombudsman but now is a parliamentary ombudsman,” Haimbe told The Mast.
“There is a public protector in place. The office is actually functioning except of course the only aspect that seems to be lacking is the aspect of the parliamentary oversight. So National Assembly is the institution which is mandated in ensuing that is done. Ours as [Ministry of] Justice is to help in that project. That is what we are doing to ensure that is done.”
He however noted that the parliamentary service commission which is a key part of ensuring effectiveness of the Public Protector is not yet
in place.
Haimbe assured the nation that there is quite a number of internal steps that are being undertaken stating that the UPND government has only
been in office for five months.
“As you are aware the parliamentary service commission is a key part of ensuring effectiveness of the Public Protector, which is not yet in place. That has to be attended to and of course there is the aspect of moving staff from Investigator General to the Ombudsman which is still underway,” he said.
Haimbe said it may not necessary be a bill that would be taken to parliament to actualize everything “as there are other internal steps that will be taken with regard to the subject matter”.
Recently, activist Brebner Changala says the Public Protector is the only government wing that can fight corruption in the country.
“I have to give you a good example. We have a fertiliser scandal which the Executive does not want to discuss because they are part of the scam. Now if the Public Protector was functional, I know that scam would have received due attention,” he told The Mast.
“The Anti-Corruption Commission, ask them whether they are looking into the fertiliser scam. Go to DEC (Drug Enforcement Commission), ask them whether they have even moved an inch towards the fertiliser scam. Go to the Zambia Police. Worse still because they are looking at who is behind this scam, what are the connections to the powers that be. And that is problem number one. And that’s where the tragedy comes in.”
Changala warned warned that without such an office being fully functional, President Hakainde Hichilema should forget about fighting corruption.
“Without a Public Protector, then President Hichilema is going to do it on the basis of a good man. And this country does not need good men. It needs good laws and strong institutions. Good laws and good institutions is what we want, not good men,” he said.
“Those good men can go to Church. The fight against corruption should not only have a political will. It must also have strong laws and strong institutions. It must not be only about good men versus bad men or bad women. It is the laws that control the dignity of any ambition to fight the scourge of corruption.”
Changala said the Public Protector is the only tool to fight corruption because the organ is free from the Executive since corruption mainly is in the arm of the Executive.
He said no corruption fight would be achieved until the Public Protector’s office was functional.
“But for the current form that it is in, the Public Protector is in good test. It is independent, it is as independent as the Judiciary. And that is the more reason we will not rest because this fight against corruption is only used against opponents because it does not go for criminals that are embedded in the Executive arm of the government. So, I appeal to the Minister of Justice, I appeal to the entire Cabinet; but most of importantly, I appeal to the conscience of the President not to talk about corruption as a story; corruption to intimidate the listeners when there is nothing happening on the background to strengthen the laws to make the institution of governance stronger and independent from the perpetrators,” said Changala.
“So, the Public Protector is non-negotiable. It must be made functional, functional like yesterday. It’s a pity it missed the first session of parliament because if fighting corruption was a priority, the Public Protector functional system should have been a priority as well.”