Sunday, September 26, 2010

Sichinga asks backbenchers to block revised ACC Act

Sichinga asks backbenchers to block revised ACC Act
By Chibaula Silwamba
Sun 26 Sep. 2010, 04:00 CAT

BOB Sichinga yesterday urged opposition and MMD backbench parliamentarians to ensure the revised Anti Corruption Commission (ACC) Act, from which the abuse of office offence has been removed, does not pass.

Commenting on the government’s removal of the abuse of office offence from the revised ACC Act,Sichinga said it was clear that President Rupiah Banda’s government wanted to protect certain individuals by removing the abuse of office offence from the Act.

“This is an example of how people ruling party use the numbers in Parliament because that will go through. This is because they want to protect certain individuals. This is very clear in the mind that Mr Banda’s government wants to protect certain individuals hence the removal of this,” Sichinga said.

“Can they government explain to us why they want to remove this? Why was it there in the first place? How do you charge somebody who abuses his office since it’s been removed? This is why they were angry with Honourable Jonas Shakafuswa because he brought out the cat beforehand.”

He encouraged every law abiding citizen and anybody against corruption to rise against the MMD government’s abuse of its majority in the House.

“This is one issue that Zambians must stand up together and say, ‘we will not allow this abuse of numbers’. And if we have to go to the High Court and argue that this is meant to protect certain individuals. I urge every MP, including those in MMD, who is worth their sort will stand up against this change.

Should they not do that, we will know them by their colours and we will have to campaign against them because they are the people that are going to bring about continued poverty in our country because they know that these people who abuse their office will get away with those offences as can be seen in the case of former president Frederick Chiluba.

This is an agenda,” Sichinga said. “I would like to challenge the Vice-President and minister of Justice George Kunda is this what he calls law? Is this what he means when he says they are fighting corruption? This is unbelievable. This is something that should irritate every Zambian that is worth their salt and people who want to be clean and people who are looking for development.”

He said the removal of the abuse of office offence clause would open the Pandora’s Box because people would be abusing their offices and never be prosecuted because they would have been allowed.

“I would like to urge the next government that comes to immediately come and reverse this clause,” said Sichinga. “I sincerely hope that the MMD MPs especially backbenchers will stand up and I also hope that the so-called rebel MPs from the PF will not allow this to go ahead because if they should we shall campaign against them throughout this country.”

According to the National Assembly Bill number 41 of 2010 presented to Parliament yesterday for first reading by acting leader of government business Mkhondo Lungu, Section 37 which catered for the offence had now been replaced by Concealment of offence.

The bill states that a person commits an offence if they intend to defraud or to conceal the commission of an offence under this part or to obstruct an officer in the investigation of any offence.

“(a) Destroys, alters, mutilates or falsifies any book, document, valuable security, account, computer system, disk, computer printout or other electronic device which belongs to or is in the possession of or has been received by that person or that person’s employer or any entry in such book, document, account or electronic device, or is privy to any such act,” the bill reads. “(b) Makes or is privy to the making of any false entry in any book, document, account or electronic device; or (c) Omits or is privy to the omission of any information from any book, document, account or electronic device.”

However, the bill makes mention of Corrupt use of official power in Section 21 which states that: (1) A public officer who, being concerned with any matter or transaction falling within, or connected with, that public officer’s jurisdiction, powers, duties or functions, corruptly solicits, accepts or obtains, or agrees to accept or attempts to receive or obtain for oneself or for any other person any gratification in relation to such matter or transaction, commits an offence.

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