Friday, March 14, 2008

Funjika's case confirms Chiluba's corruption - kk

Funjika's case confirms Chiluba's corruption - kk
By Brighton Phiri, Laura Mushaukwa and Noel Sichalwe
Friday March 14, 2008 [03:00]

DR Kenneth Kaunda yesterday said former Zambia National Service (ZNS) commander Lieutenant General Wilford Funjika’s jail sentence confirmed former president Frederick Chiluba’s corrupt mind. Commenting on the decision by the High Court to sentence Lt Gen Funjika to nine months imprisonment, Dr Kaunda said he felt sorry for the former service chiefs who were currently being prosecuted for having been polluted with Chiluba’s corrupt mind.

“Young man, Funjika’s imprisonment is a very sad development. I hope and pray that Chiluba’s corruption disease does not spread and that those polluted are isolated. This is not the Funjika I knew when I was president of this country. He was a young, developing and promising officer,” Dr Kaunda said.

“This is a Chiluba development. Funjika was completely destroyed by Chiluba’s regime. I hope and pray that those officers currently serving in President Mwanawasa’s administration will use this case to see that President Mwanawasa is not like Chiluba.”

Dr Kaunda reminded public officers that President Mwanawasa was following the path that was there under the UNIP administration. He urged public officers to help President Mwanawasa develop a different and honest path of running the country’s affairs.

And Task Force chairman Maxwell Nkole has said the decision by the High Court to sentence Lt Gen Funjika to nine months imprisonment was a great morale booster in the fight against corruption. Nkole said for the first time, there was a signal from the criminal justice system that corruption was here to stay and needed to be fought.

“We feel that our efforts are not in vain. It motivates us to do more,” he said.
Nkole said although Lt Gen Funjika’s sentence had been upgraded to nine months, he expected a much longer sentence considering the gravity of corruption.

Transparency International Zambia (TIZ) president Reuben Lifuka noted that the state of health should not be used as an excuse for handing light sentences on people convicted of corruption.

"While we appreciate and are compassionate about the state of health of Gen Funjika, we are also mindful that this should not be an excuse for letting off lightly those who have been found guilty of corruption," Lifuka said. "The judiciary plays a pivotal role in the fight against corruption and for a while now, we have been concerned at the type and nature of punishment given to offenders.

The sentences clearly have been mild and a light slap on the wrist in most cases and it can be concluded that these sentences are ineffective especially if the intention of the government is to use the investigation and prosecution of high profile cases as a deterrent to those who may be inclined to engage in such activities."

Lifuka said TIZ had been advocating for a high level of activism by the judiciary to send a strong message that corruption, especially grand and political corruption, would not be tolerated.

Lifuka, however, said some of the judgments passed had not been commensurate with the alleged offences and had raised concern in the anti-corruption movement on the efficacy of the fight against corruption.

"We generally consider the revision of the suspended sentence a fair judgment. However, we strongly feel it should not have come to this if the lower court had done its work properly," he said. "The judiciary needs to be bold and courageous in dealing with issues of corruption. In their judgments, the judiciary should be aware of the seriousness of corruption.

We therefore appreciate that judge Musonda has aptly highlighted the severe consequences grand corruption has on the social, economic and political developments of the country. However, we hasten to add that even the other four types of corruption mentioned by judge Musonda are serious and should not be considered as acceptable and those engaged in such acts should equally face the wrath of the law.

"The clarity and boldness exhibited in this case should remain the hallmark of the Zambian judiciary. We have been disappointed before, especially on cases of political or electoral corruption and it is our considered view that the judiciary have, in some instances, not risen to the occasion and what we have previously seen are judgments which acknowledge the seriousness of corruption but fail to categorically mete out appropriate sanctions."

He said the judgment should send a clear message to other controlling officers like permanent secretaries, commanders of the armed forces, Inspector General of Police that their actions would continue to come under close scrutiny.

"For too long, the Zambian people have sat on the fence and we have inadvertently praised and adored those among us who are corrupt. As a people, we have failed to sufficiently denounce corruption no matter the size of the act," he said. "In 2008, we want to urge each and every Zambian to play an active role in their own environment to eradicate corruption.

While we all appreciate and demand that President Mwanawasa and his cabinet should provide leadership in this fight, it is incumbent that we are all fully engaged and contribute to cleaning up government and society as a whole."

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