Kunda threatens Shakafuswa with imprisonment

Kunda threatens Shakafuswa with imprisonment
By Ernest Chanda
Sun 04 July 2010, 04:02 CAT

VICE-PRESIDENT George Kunda on Friday threatened Katuba MMD member of parliament Jonas Shakafuswa with imprisonment when the latter questioned government’s motive for removing the offence of abuse of office from the revised Anti Corruption Commission (ACC) Act.

During the Vice-President’s question and answer session, Shakafuswa sought to know the motive behind such a decision by the government. “I’m aware that section 37 which deals with abuse of office has been left out in the revised ACC Act, what is the reason?” Shakafuswa asked.

In response, Vice-President Kunda warned Shakafuswa that the information he disclosed to the House was classified.

“I don’t know where the MP got that information. But if he has access to classified information, it is a criminal offence because that Bill has not been tabled before parliament. We are revising the law against corruption, taking into account the past experiences in reforming the law. Don’t prejudge this before you even see the Bill,” said Vice-President Kunda.

Section 37 of the current Anti-Corruption Commission Act Chapter 91 of the Laws of Zambia states that: “(1) The Director-General, the Deputy Director-General or any officer of the Commission authorised in writing by the Director-General may investigate any public officer where there are reasonable grounds to believe that such public officer is in possession of unexplained property
(a) has abused or misused his office position or authority to obtain property, wealth,
advantage or profit directly or indirectly for himself or any other person;
(b) maintains a standard of living above that which is commensurate with his present or past official emoluments;
(c) is in control or possession of pecuniary resources or property disproportionate to his present or past official emoluments; or
(d) is in receipt of the benefit of any services which he may reasonably be suspected of having received corruptly or in circumstances which amount to an offence under this Act.

(2) Any public officer who, after due investigation carried out under subsection (1), is found to-
(a) have misused or abused his office, position, or authority to obtain advantage, wealth, property or profit directly or indirectly;
(b) maintain a standard of living above which is commensurate with his present or past official emoluments;
(c) be in control or possession of pecuniary resources or property disproportionate to his present or past official emoluments; or
(d) be in receipt of the benefit of any services which he may reasonably be suspected of having received corruptly or in circumstances which amount to an offence under this Act; shall, unless he gives a reasonable explanation, be charged with having, or having had under his control or in his possession of pecuniary resources or property reasonably suspected of having been corruptly acquired, or having misused or abused his office, as the case may be, and shall, unless he gives a satisfactory explanation to the court as to how he was able to maintain such a standard of living or how such pecuniary resources or property came under his control or into his possession or, as the case may be, how he came to enjoy the benefit of such services, be guilty of an offence.

(3) Where a court is satisfied in proceedings for an offence under subsection (2) that, having regard to the closeness of his relationship to the accused and to other relevant circumstances, there is reason to believe that any person was holding pecuniary resources or property in trust for or otherwise on behalf of the accused, or acquired such pecuniary resources or property as a gift, or loan without adequate consideration, from the accused, such pecuniary resources or property shall, in the absence of a satisfactory explanation by or on behalf of the accused be deemed to have been under the control or in the possession of the accused.

(4) In this section, "official emoluments" include a pension, gratuity or other terminal benefits. “

In the recent past, several former government leaders and three former service chiefs were convicted and imprisoned for abuse of office. The immediate past and current Inspector General of Police Ephraim Mateyo and Francis Kabonde, respectively, are under investigations for alleged abuse of office offences.

In 2008, former Zambia National Service (ZNS) commander Lieutenant General Wilford Funjika was sentenced to nine months imprisonment, quashing the two-year suspended sentence slapped on him by the magistrates court.

And in March 2009, former Zambia Air Force Commander Lieutenant General Sande Kayumba was sentenced to seven years imprisonment with hard labour for abuse of office and corrupt practices.

Deputy director of court operations, Edward Musona, sitting as principal resident magistrate convicted and jailed Lt Gen Kayumba along with former ZAF chief of logistics Brigadier General Andrew Nyirongo and Base Chemicals chief executive officer Amon Sibande.

And on March 2, 2009 Lusaka magistrate Liya Tembo jailed former Zambia Army commander Lieutenant General Geojago Musengule four years after finding him guilty on charges of abuse of authority of office and corrupt practices by a public officer.

On February 14, 2009 former lands minister Reverend Gladys Nyirongo was sentenced to four years simple imprisonment after the magistrate’s court found her guilty of abuse of authority of office.

Others convicted on similar grounds are: former president Frederick Chiluba’s former press aide Richard Sakala, former Zambia National Commercial Bank managing director Samuel Musonda, former finance minister and now MMD national secretary Katele Kalumba, and former Ministry of Finance permanent secretary Stella Chibanda.