ZAMMSA AUDIT ILLEGAL – KAFWAYA
THE PricewaterhouseCoopers forensic audit report that has reportedly exposed massive corruption and looting of medicines and other essential drugs at the Zambia Medicines and Medical Supplies is not only illegal but unconstitutional and embarrassing, Mutotwe Kafwaya has charged.
Mr Kafwaya, the Patriotic Front Lunte Member of Parliament has also questioned why the audit report had not been presented to the Parliament but has instead been leaked to media houses, to exposed targeted individuals, whom the government would wish to use to cover up the systematic stealing of essential medicine, especially those donors, such as the United States of America.
Speaking in an interview, respected for his strong views against poor corporate governance and public accountability said the audit process by PWC had violated both legal procedure and constitutional safeguards by allowing the Executive to direct the Auditor General and subcontract private auditors without parliamentary oversight.
“The Auditor General is not subject to direction by any authority or individual, not even the President. The Office of the Auditor General is a constitutional office, like the DPP. It must operate independently, not at the President’s whims or instructions,” Mr Kafwaya said.
Mr Kafwaya was reacting to the revelations that ZAMMSA has been deeply involved in corruption and pilfering of medicines to which President Hakainde Hichilema has issued a strong warning that all those who have been exposed shall have to face the full force of the law.
He explained that former ZAMMSA Director General was arrested based on a forensic audit report that had never been made public nor submitted to Parliament.
“According to what government communicated, PricewaterhouseCoopers was hired by the Auditor General’s Office to conduct the forensic audit, but that instruction came after the President allegedly directed it. That was a red flag,” he said.
He added that under Article 250 of the Constitution, the Auditor General should complete audits independently and submit such reports to the National Assembly only and not to the Executive or law enforcement agencies.
“The President should not have seen an interim audit report. That’s outside constitutional bounds. No one, not even State House, should receive such a report before Parliament,” the Lunte lawmaker stressed.
He said the situation was made worse when Clayson Hamasaka, the State House Chief Communications Specialist confirmed in a public statement that President Hichilema had directed the Auditor General to act.
“That is troubling. It clearly shows interference. And if the law enforcement agencies are now acting on that report…when Parliament has not seen it, then we are in serious trouble as a country,” Mr Kafwaya said.
He also condemned the leak of the forensic audit report to media outlets before it was officially tabled in the House.
“When I see articles quoting forensic findings in the newspapers while we in Parliament haven not even seen the document, I feel ashamed as an MP,” he said. “That is not how constitutional offices work.”
He said the entire process was flawed from the start, and warned that any arrests or prosecutions based on the audit report risked being overturned in court.
“You can’t build justice on an illegal foundation,” he said. “Even those arrested may turn around and sue the government. It’s already a mess.”
Daily Nation Zambia
Ba opposition always doing opposite thing
There is nothing legal for the opposition in Zambia , to them everything is illegal.
Boss whoever you just sit down and let others work.Making unnecessary noise does not help you.You are the same people who put us where we are today. How I wish I was HH, most of you could have been in jail.I was going to do it China way.Even those supporting and glorifying thieves,jail was going to be their home. Thank HH that you can even make noise today
An executive president all over the world has power to make decisions in furtherance of the public interest. Has the decision to order a forensic audit of ZAMMSA advanced the public interest? Absolutely, case closed.
True.
In addition the bulk of the funds lost were donor funds. This whole issue should have been brought to light by the Auditor General and prior reports. You as Parliamemt did you act on any of those reports? You allude to the PAC. How many issues have come before PAC and no further action has been taken by Parliamentary committees to the point where Mr. Mwambazi (a chair of the committe) was found to have done business with a government entity that was found errant. Do you think with such dealing PAC can do a better job in addressing corruption when some of you have your hands in the “cookie jar?”
The immediate point is to stop the rot. And your call is a toothless beaurcractic measure that does address why Zambians dont have medicines by “stroking your egos” while the crime goes on. That culture sir, has not delivered on develop or service to Zambians. Stop being the problem by insisting that your status be glorified. That is not the essence of public service. You point is about checks and balances. Its about you and your peers who just want to acknowledged for your status. Zambians want issues addressed and delivery of promises done. You are the bottleneck and nothing but a bureaucrat, whose lipservice does add value.
So this person feels it is OK for the pilfering to go on at the M.O.H? Sir HAKAINDE HICHILEMA is THE HEAD OF STATE so if he gives an order it must be carried out. What is it that you opposition will not object to. So far HH is doing a fantastic job. May God protect him .