Monday, November 26, 2007

Levy and ACC

Levy and ACC
By Editor
Monday November 26, 2007 [03:00]

There is an old adage to the effect that “a chain is no stronger than its weakest link”. Figuratively speaking, this means that the net effectiveness of an arrangement is conditioned by its weakest part. Thus in an argument, the weakness of even one point may be fatal to the strength of the whole argument. Indeed, there can be no chain stronger than its weakest link.

This is exactly what is happening with President Levy Mwanawasa’s fight against corruption. The whole fight that was well intended is now being tainted by his small acts of inconsistency and what appears to us to be favouritism. In short, with what is going on in Levy’s fight against corruption, it will be very difficult for him to deny that there is a measure of selectivity in the way some cases of corruption are investigated and taken to court for prosecution.

It is now an open secret that, justifiably or unjustifiably, the Anti-Corruption Commission (ACC) is not receiving the kind of support it requires from those in authority to execute their mandate. This is especially so in cases where the powers that be seem to have vested interest.

A few months ago, we reported that the ACC were having difficulties in arresting Southern Province Joseph Mulyata on charges of abuse of authority of office. The public may also recall that Levy refused to suspend Mulyata during the time he was being investigated by the ACC. The public may further recall that it took public pressure for Levy to suspend Commissioner of the Drug Enforcement Commission (DEC) Ryan Chitoba and his deputy Jacob Koyi to pave way for investigations in the abuse of office charges against them.

And when investigations against Mulyata were completed, the Director of Public Prosecutions authorised ACC to arrest and prosecute him. But this has not yet happened and we do not see it happening because the powers that be do not think that Mulyata should be prosecuted as his case is said to be so small that it only needed to be dealt with administratively. In fact, we hear that the same powers that be have categorically said that even if the ACC summoned some courage and arrested Mulyata, he would be going to court from his office as minister in charge of Southern Province.

But who doesn’t know that in terms of good practice and procedure, a minister who has committed an offence cannot be arrested unless he is relieved of his duties? Was it not for this reason that Levy had to fire Gladys Nyirongo as lands minister? Was it not for the same reason that Levy dropped Claver Silavwe as Northern Province minister? If this is the case, how does Levy expect the ACC to arrest Mulyata when the same minister is serving on his behalf? Would Levy cry foul if people accused him of shielding Mulyata from facing the law for his alleged criminal conduct?

And before our people even forget about this Mulyata saga, the ACC is again having difficulties in effecting an arrest against Chitoba. But what Levy doesn’t seem to realise is that these men and women in ACC are seeing everything that is happening and now they feel demoralised. This is because they feel Levy is contradicting himself.

Not so long ago, Levy praised DEC for the good work that bore fruit but criticised ACC for under-performing. Now, our men and women in ACC must be wondering why the same man who demanded good performance from them seems to be a stumbling block. Did Levy praise the DEC simply because Chitoba was at the helm of that institution? Does it mean that Levy’s ministers will get away with murder simply by kneeling and crawling before him, the King?

There are so many actions or inactions on Levy’s part that we can cite to show that such acts that are undermining his well-intended fight against corruption. Today, the ACC are having difficulties arresting Chitoba, not because Chitoba is elusive. The fact is Chitoba seems to be stronger or more powerful than those who want to arrest him. It’s not that ACC officers do not know where to find him; they do, because Chitoba is in Lusaka. In case they don’t know, let them ask his lawyer Mwangala Zaloumis to help them trace him.

But it appears that Chitoba is a hot potato; the ACC can’t touch him. He is now untouchable. That is why the ACC found it easier to arrest Koyi and Charles Ndulumina than Chitoba.

We say this because in the recent past, the ACC were able to summon Chitoba for interviews and they spoke with him. But when it comes to effecting his arrest, it is proving to be an impossible task. And without shame, the ACC is requesting Chitoba to ‘surrender’ himself for arrest. Does it make sense that ACC should be begging for co-operation from those they want to arrest?

If this is how bad things have become, then no one will turn himself or herself to the ACC or police for arrest. And what will be the result of such a situation? Definitely, it will be anarchy at best or organised chaos at least.
We would like Levy to always remember that metaphor which says, “constant dropping wears away a stone”. Levy should be mindful that a drop of water makes a hole in a stone not by violence but by frequent falling.

The incidents we have referred to above concerning Mulyata and Chitoba have now become commonplace. We hear of so many big names that are supposed to be investigated by the ACC or DEC but are not because they are politically correct. What Levy doesn’t seem to realise is that such happenings are undermining the fight against corruption.

Levy is known by many of our people, including the international community, as Mr Clean, a man who does not entertain any smell of corruption; a man who detests corrupt people regardless of how close they are to him.

However, if Levy is seen to be shielding people perceived to be corrupt, no one will be wrong to accuse him of corruption. Now, that is a recipe for disaster! This is because corruption of the best becomes the worst corruption.

This situation may not be far-fetched because even the sweetest things turn sourest by their deeds. Yes, lilies that fester smell far worse than weeds. Is Levy the lily that is fast festering?

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