Maravi

Nkomeshya urges MPs to back abuse clause

Nkomeshya urges MPs to back abuse clause
By Kombe Chimpinde and Mwala Kalaluka
Fri 09 Mar. 2012, 12:00 CAT

CHIEFTAINESS Nkomeshya Mukamambo II of the Soli people says members of parliament must accept and subsequently support the abuse of office clause which has been tabled before Parliament through the anti-corruption bill.

In an interview at her palace yesterday, chieftainess Nkomeshya said she was elated by the government's decision to take back the vital clause and that she strongly felt all the wrongs committed during the MMD's time should be corrected.

"It is good because that monitors the behaviour of leaders, she said. We cannot have a country which has no code for leaders to adhere to.''

Chieftainess Nkomeshya said that the re-introduction of the clause was the wish of many Zambians and was long overdue.

When you are put in public office, it's not personal. You are there on behalf of the people. That office or system which employs you, it will also accord you whatever is entitled to you, if it's a salary , or allowance. You must not get what is meant for the majority Zambians, she said.

Chieftainess Nkomeshya said those that would oppose to the clause were culprits in the vice and that such must be exposed.

''They are protecting the wrongs that they did and such people should be exposed. I will have no mercy for such people. I am expecting the entire membership of Parliament, be it in the opposition or government… will accept it," she said.

According to the anti-corruption bill, 2012, a public officer who misuses their position to breach public procurement procedures or guidelines connected to the management of public funds shall be presumed to have corrupt intent.

The bill tabled by justice minister Sebastian Zulu in the House on Friday, apart from resuscitating the abuse of office clause that was deleted by the MMD in the Anti-Corruption Act, 2010, also provides for the forfeiture of unexplained properties found with public officers.

"The presumption of corrupt intent shall, in relation to an offence under this Act, include- (a) misuse of position, office or authority; and (b) breach of procurement procedure or willful failure to comply with applicable procedures or guidelines relating to the management of funds or incurring of public expenditure," the bill reads.

"The Commission may commence proceedings for forfeiture of unexplained property under this section against a person where- (a) after due investigation, the Commission is satisfied that the person has unexplained assets."

The bill provides that unexplained property may be seized where the ACC has afforded a public officer an opportunity to explain the disproportion between the assets concerned and the person's known legitimate sources of income and the Commission is not satisfied that an adequate explanation of that disproportion had been given.

"A person who- knowingly makes, or causes to be made, to the Commission, false testimony or a false report in any material particular or any offence or matter under investigation...destroys anything to prevent the seizure of property or document or securing of the property or documents; commits an offence and is liable, upon conviction, to imprisonment for a period not exceeding two years," the bill read in part.

"The provisions of the Forfeiture of Proceeds of Crime Act, 2010, shall apply in relation to the seizure and forfeiture of any proceeds or corruptly acquired by any person and any other related matters."

The bill further seeks to provide that a person who tampers with any property that is seized or forfeited under this Act commits an offence and liable, upon conviction, to imprisonment for a period not exceeding three years.

The bill further provides that in any proceedings for an offence under this Act it shall be a valid defence that the gratification offered or accepted was an entertainment or a casual gift.

But the bill states that evidence related to an offence under Part III of the Act that any gratification solicited, accepted or obtained or agreed to be accepted, given, offered or promised to the public was customary in any profession, business, trade, vocation or calling, would not be admissible.

"This Act shall have effect within as well as outside Zambia and notwithstanding where any offence is committed by any person, that person may be dealt with in respect of such offence as if it has been committed within Zambia," the bill read.

"An offence under this Act shall be deemed to be an extraditable offence under the provisions of the Extradition Act."

The bill seeks to enable the ACC to annually publish the names of all persons convicted of corrupt offences or who have admitted guilt under the Act in the Gazette.

It provides that where a public officer corruptly solicits any gratification, it shall not be a defence in any trial that the appointment, nomination or election of such person or any other person as a public officer was invalid or void; "...the public officer or any other public officer did not have the power, authority or opportunity of doing, or of forbearing from doing, the act, favour or disfavour to which the gratification related to," the bill read in part.

"...the public officer did not actually do any act, favour or disfavour to induce the gratification, or never had the intention of doing so."

The bill reads further that any person who in the opinion of the court makes false, frivolous or groundless allegations that somebody committed an offence under Part III of the bill, commits an offence and is liable upon conviction to a fine not exceeding three hundred thousand penalty units or to imprisonment for a period not exceeding seven years or to both.

"The provisions of this Act shall have effect notwithstanding any obligation as to secrecy or other restriction on the disclosure of information imposed under any written law or otherwise," the bill read further.

"The provision of the Public Interest Disclosure (Protection of Whistleblowers) Act, 2010, shall apply in relation to the protection of whistleblowers and other related matters."

Labels: CHIEFS, CHIEFTIANESS NKOMESHYA

posted by MrK @ 4:42 PM