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MMD shouldn’t cry foul when voted out – Mususu

MMD shouldn’t cry foul when voted out – Mususu
By Ernest Chanda and George Chellah
Wed 03 Nov. 2010, 04:02 CAT

BISHOP Paul Mususu has warned the MMD government that they should not cry foul when people vote them out next year on account of their conduct over the abuse of office offence. And CCZ has described plans to remove Section 37 of the current Anti-Corruption Commission (ACC) Act as a direct ploy to legalise abuse of office in Zambia.

Supporting the stance taken by the Anglican Church and other stakeholders over the matter, the former Evangelical Fellowship of Zambia executive director said the government should not think they have won the battle against the people's will. He said the time for reckoning will come when Zambians will have the final say.

“Those parliamentarians who supported the removal of Section 37 of the ACC Anti Corruption Commission Act will face their people in constituencies next year. If people choose not to send them back to the House next year they shouldn't complain. And the government should not celebrate yet.

They might think it is a sweet victory for them but the time of reckoning will come when the people of Zambia will have the final say,” Bishop Mususu warned. “It is a short-lived victory, a short-lived celebration. But let them remember this; they will not cook their cabbage and not eat it. They should not cry foul when Zambians vote them out of office next year on account of their behaviour towards the fight against corruption. People always want a government that protects their interests and their money.”

Bishop Mususu expressed confidence that the people of Zambia were capable of defending the law which has worked so well.

He said when people vote for leaders it does not mean that they should no longer have a say in the conduct of those leaders.

“I agree with the view of the Anglican Bishops on the ACC Act. I think people should not stop pushing for the defence of that law. Some of our colleagues working at the Anti Corruption Commission have complained to us that they will have difficulties in fighting corruption due to the removal of this clause. I also agree with Honourable Lubinda that people should picket Parliament the way they have always done that peacefully,” said Bishop Mususu.

“I remember that the people of Zambia picketed Parliament for the removal of Dr. Chiluba's immunity and it worked. They also picketed for a new constitution in 2005; and although the government was adamant on that the message was still delivered. Equally now, there is still hope for the people to peacefully picket in defence of this law. We should not allow the government to legalise abuse of public resources.”

Bishop Mususu urged the government to listen to people's concerns, if indeed they had ears.
He contended that several legal brains had argued against the removal of the offence, a sign that it was a wrong move being taken by President Rupiah Banda’s administration.

Bishop Mususu argued that the government should not take people for granted and manipulate laws just because they have the power to do so.

And according to submissions made before Parliament, CCZ secretary general Reverend Susane Matale stated that one would have a sense that the Anti Corruption Bill would have provisions to the effect of strengthening the ACC Act No. 46 of 1996 by bringing the provisions of the proposed law into conformity with misuse or abuse of a public office or authority for private advantage or benefit.

“However, the reading of the whole Bill does not give any evidence of how Zambia wants to bring the law into conformity with the provisions of the regional and international conventions to which Zambia is a state party as it seems to us that in fact, this Bill is trying to not only fail to follow the provisions of regional and international conventions to which Zambia is a state party but is also a direct ploy to divert from our own National Anti Corruption Policy of 2009 in many ways than one as follows: Section 3 of the Bill is the interpretation section and according to this section "corrupt" means 'the soliciting, accepting, obtaining, giving, promising or offering of a gratification by way of a bribe or other personal temptation or inducement, and "corruption" shall be construed accordingly',” she stated.

“The 1996 ACC Act defines corruption as "the soliciting, accepting, obtaining, giving, promising or offering of a gratification by way of a bribe or other personal temptation or inducement, or the misuse or abuse of a public office for private advantage or benefit, and "corruptly" shall be construed accordingly". The 2009 Zambia National Anti Corruption Policy defines corruption as 'the soliciting, accepting, obtaining, giving, promising or offering of gratification by way of a bribe or other personal temptation or inducement or the misuse or abuse of a public office or authority for private advantage or benefit through bribery, extortion, influence peddling, nepotism, fraud, rushed trials, and electoral malpractices'.”

She stated that it is clear that the 1996 ACC Act and the 2009 National Anti Corruption policy have similar definitions of corruption as they include issues to do with 'misuse or abuse of a public office or authority for private advantage or benefit'.

“Bill No. 41 of 2010 on the other hand completely does away with the issue to do with 'misuse or abuse of a public office or authority for private advantage or benefit' as constituting corruption. Our understanding of government policy is that it provides a direction when coming up with laws to put to effect what the policy stipulates. We are now left to wonder as to why the persons who drafted this Bill chose to neglect the definition that the National Anti Corruption policy has to adopt a definition, which to us is unacceptable as it legalises abuse of office in Zambia. This is a great source of concern to CCZ as the definition also directly diverts from the definitions found in the provisions of the regional and international conventions to which Zambia is a state party,” Rev. Matale stated.

“The definition found in Section 3 of the Bill has to be read in line with the provisions found in Sections 37 and 50 of the 1996 ACC Act. To us, the action taken by the current Government to remove Section 37 of the current ACC Act from the Anti-Corruption Bill has dealt a very serious blow to the fight against corruption as it is a direct ploy to legalise abuse of office in Zambia. This undoubtedly is making the current government act contrary to the international conventions that Zambia is a State party to such as the United Nations Convention against Corruption (UNCAC), the Southern African Development Community (SADC) Protocol Against Corruption and the African Union (AU) Convention on Preventing and Combating Corruption.

“We want to put it on record that the internationally accepted definition of corruption focuses on bribery and abuse of public office and is aptly captured in all the major anti-Corruption Conventions including the United Nations Convention Against Corruption (UNCAC) and the Southern African Development Community (SADC) Protocol Against Corruption and the African Union (AU) Convention on Preventing and Combating Corruption which Zambia is a party to further ably defines corruption as including the living beyond ones means. The SADC Protocol Against Corruption is very clear as it defines corruption as 'means any act referred to in Article 3 and includes bribery or any other behaviour in relation to persons entrusted with responsibilities in the public and private sectors which violates their duties as public officials, private employees, independent agents or other relationships of that kind and aimed at obtaining undue advantage of any kind for themselves or others'.”

She stated that Zambia is embarking on steps going backwards instead of strengthening its legal framework to comply with the mandatory provisions of the UNCAC.

She stated that it was therefore inconceivable to imagine how a government that boasts of having ratified all the 3 above international laws could at the same time act contrary in compliance with the provisions there under.

“For the avoidance of doubt, Zambia signed the AU Convention on 03/08/2005, ratified it on 30/03/2007 and deposited the signature of ratification on 26/04/2007. With regards to the SADC Protocol, Zambia signed it on14/08/2001 and ratified it on 08/07/2003. with regards to the UNCAC, Zambia ratified it in December, 2007,” she stated.

She stated that as CCZ they believe that Section 37 in its current form is very important in the fight against corruption and in ensuring that public officers do not acquire wealth or property to which they fail to account on how they acquired the same.

“If anything, this section needs to be strengthened,” stated Rev. Matale.

Patriotic Front leader Michael Sata said members of his party’s women's league will today stage a protest at the National Assembly building when the Anti-Corruption Bill comes up for committee stage.

This follows widespread condemnation of the move by government to remove the abuse of offence clause from the ACC Act.

And on Sunday during the celebration of the Anglican Church in Zambia, Bishop William Mchombo urged President Banda not to ascent to the Bill as removing the offence could compromise the fight against corruption.

Labels: 2011 ELECTIONS, CCZ, PAUL MUSUSU

posted by MrK @ 2:14 AM