Maravi

Be happy about ‘abuse of office’ - Mwansa

Be happy about ‘abuse of office’ - Mwansa
By Patson Chilemba
Mon 15 Nov. 2010, 04:01 CAT

DEFENCE minister Kalombo Mwansa has said people must be happy about the removal of the abuse of office clause from the ACC Act. In an interview, Dr Mwansa said the government had streamlined the law because it also appeared in the Penal Code. He said it would not help to have a multiplicity of offences.

“The Penal Code covers that offence more adequately than even the one that we have removed. So nothing has changed basically. People just don’t want to read and understand. That is the biggest problem,” Dr Mwansa said.

He said according to the country’s Constitution an accused person should not be compelled to give evidence.

“If I elect to remain silent, it is up to the prosecution to prove me guilty, not me to explain that I am innocent. The law that we have removed was in conflict with the Constitution,” he said.

Dr Mwansa said the onus was on the prosecution to prove that someone was guilty.

“People must be happy about this. In my view, lawyers must be happy about this,” Dr Mwansa said.

“We are always revising laws, and there is no better time or worse time to revise the law. Time has come to do that.”

When asked why the government was removing the law when it had been used to convict several people, Dr Mwansa responded: “It has worked but it has violated our own Constitution. Why should we keep the law that violates our Constitution?”

Dr Mwansa said the government was comfortable with the removal of the offence and those criticising the decision should read and understand.

“They will understand why we did it,” he said.

On the assertions that President Banda was the worst President because his last two years in office had been a disaster, Dr Mwansa said some people were just “confirmed” critics.

He said the government was not worried about the criticism on President Banda but would continue building and delivering to the people.

Dr Mwansa also argued that President Banda had not thrown away late president Levy Mwanawasa’s legacy because he was implementing the MMD manifesto.

Dr Mwansa said President Banda was carrying on the mandate given to him by the party, adding that the MMD was revising its manifesto in readiness for the 2011 general elections.

Labels: ACC, CORRUPTION, KALOMBO MWANSA, PENAL CODE

posted by MrK @ 4:03 AM