Wednesday, September 17, 2008

Attorney General advises against donations

Attorney General advises against donations
By Maluba Jere
Wednesday September 17, 2008 [04:00]

ATTORNEY General Mumba Malila has advised the government and all political parties in the country to defer all donations until after the October 30 presidential by-election. In an interview yesterday, Malila - who is also the government's chief legal advisor - cautioned the government to desist from making donations during the campaign period, saying they might lead to legal issues which it may have to deal with even after the elections.

“As Attorney General, I give advice knowing that any allegation that indicates that donations were improperly done in the run-up to elections might be transformed into legal issues that we may have to deal with after the elections,” he said.

However, Malila said Vice-President Rupiah Banda meant well by donating to the women in Vulamukoko village in Katete although he had been misunderstood. Malila said that was why all donations needed to be suspended.

“His Honour the Vice-President meant well by donating to those women but quite clearly he has been misunderstood. So this could be avoided by deferring all donations until after the election,” Malila said. “This is not just for the MMD. All political parties should avoid this because it is unsafe. The advice is timely and should apply.”

Malila noted that the government had an obligation to undertake development at any time whether there was an election or not, but added that it was better to avoid doing so during the campaign period.

“…Yes there's an obligation on government's part to undertake development at any time whether there are elections or not,” Malila said. “It has an obligation to ensure it donates to the needy. It is, however, advisable for government officials to avoid it especially to the run-up and during elections because they will be misunderstood and rightly so, that they are engaging in tactics contrary to the Electoral Code of Conduct.”

Malila said donations must only be done in situations which are really urgent to avoid being misunderstood. He added that although one became a candidate after nominations and was therefore bound by the Electoral Code of Conduct, it was imperative to adhere to the code, saying not doing so might have a bearing on the overall election results.

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