Monday, August 30, 2010

NGOCC asks courts, police to be professional

NGOCC asks courts, police to be professional
By Mwala Kalaluka
Mon 30 Aug. 2010, 04:01 CAT

NON-Governmental Organisations Coordinating Council (NGOCC) executive director Engwase Mwale yesterday asked the courts and the police to be professional in executing their duties and not allow political agendas to take precedence. And Caritas Mongu director Nathaniel Mubukwanu said the country’s fight against corruption has been derailed.

Commenting on the police’s revelation that they were unable to arrest gender deputy minister Lucy Changwe over the bouncing of a K10 million cheque in a house purchase transaction involving a Mkushi resident Rogers Musonda, Mwale said it was clear that the police did not have the mandate to determine any case.

Mwale said the mandate of the police was to maintain law and order and the role of determining cases reported to them should be left to the courts of law.

“As NGOCC we are actually surprised at what is happening precisely in matters of law,” Mwale said.

“The financial regulations in Zambia are very clear on what steps should be taken on issues of bouncing cheques…it is therefore expected that the due process of the law is followed in line with the financial regulations regardless who is involved. It is our expectation that the police service should always be professional in their execution of duty and not take mandates that are not theirs.”

Mwale made reference to the manner in which the bounced cheques involving Changwe and Kafulafuta MMD member of parliament George Mpombo were handled by police.

“It is very clear that within the public domain there is a lot of suspicion on what is happening behind and what motives are being harboured by the authorities in these two cases,” Mwale said.

“Clearly, the Zambian courts are mandated by law to interpret such cases and in an equitable and fair manner and not allow political agendas to take precedence. We have firm belief that in order for the law to take its course we are requesting the authorities to let the two cases proceed accordingly in line with the financial regulation.”

Mwale said the law must take its course whether one was a leader or an ordinary person.

“It is not clear why the process in relation to Honourable George Mpombo went so quickly. If financial regulations are very clear they must be applied to everybody regardless who they are,” Mwale said. “It is very clear that the police don’t have the mandate to determine any case.”

When reminded that the police in Central Province informed the complainant in the Changwe matter that they could not proceed to arrest her because of the fresh ‘evidence’ in their possession, Mwale said: “In this case we are requesting the police to do their part and let the courts do theirs.”

And Mubukwanu urged the police to arrest Changwe and avoid being a court of law.

“Again it is a problem of lack of leadership. What is wrong today should be wrong to everybody else. There is nothing that should be right in the eyes of a certain group,” Mubukwanu said.

“It is unacceptable that Lucy Changwe could go scot-free like that because even her conscience is really haunting her.”

Mubukwanu said the manner in which the Changwe issue was being handled by the law enforcers reflected badly on the country’s fight against corruption.

“I think it is removing whatever little gains we had achieved as a country because the process has become selective,” said Mubukwanu.

“The police really their role is to take people to court. If Changwe is innocent let the courts say so. The police should arrest Changwe.”

Police have refused to arrest and prosecute Changwe on grounds that the K10 million cheque for Musonda was issued at a time when she had K23 million in her account on May 21, 2010.

But Musonda argued that Changwe issued cheques worth K31 million between May 21 and 27 against a balance of K23 million and when he deposited the K10 million cheque, the deputy minister only had K2 million in her account.

Mpombo was recently handed a two months simple imprisonment and K4 million fine for issuing a K10 million cheque on an insufficiently funded account.

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