Maravi

PF brings back abuse of office

PF brings back abuse of office
By Staff Reporters
Thu 08 Mar. 2012, 12:00 CAT

THE PF government has taken back the abuse of authority of office clause that was removed by the Rupiah Banda administration from the ACC Act prior to last year's general elections.

According to the Anti-Corruption bill, 2012 tabled by justice minister Sebastian Zulu in the House yesterday afternoon, the Abuse of authority of office clause is in Section 21 of part three of the bill.

The bill states that a public officer commits an offence by doing or directing, in abuse of their position, office or authority any arbitrary act prejudicial to the rights or interests of the government.

The Anti-Corruption bill 2012, which came up for first reading yesterday, seeks to deal with any public officer concerned with any matter of transaction connected to their office who corruptly solicits to receive any gratification in relation to the transaction.

"A public officer shall be presumed, until the contrary is proved, to have used that public officer's position, office or information for an advantage or benefit where the public officer takes any decision or action in relation to any matter in which the public officer or a relative or associate of the public officer, has a direct or indirect interest," the bill reads in part.

The bill states that any public officer commits an offence when they use their position or authority to obtain property, profit or benefit directly or indirectly for oneself.

"A public officer who unreasonably delays, refuses, neglects or omits to perform that public officer's duties or functions in order to procure or induce a person to offer or give gratification to that public officer, commits an offence," the bill reads.

Section 22 of the bill, which is possession of unexplained property, seeks to provide that any public officer who maintains a standard of living which is not commensurate with their personal emoluments and income shall be liable to an offence unless proved contrary.

The bill further seeks a continuation of the existence of the Anti-Corruption Commission and provide for its powers and functions.

It also seeks to provide for the prevention, detection, investigation, prosecution and punishment of corrupt practices and related offences based on the rule of law, integrity, transparency, accountability and management of public affairs and property.

The bill further seeks to provide for the development, implementation and maintenance of coordinated anti-corruption strategies through the promotion of public affairs and property.

It also seeks to provide for the protection of witnesses, experts, victims and other persons assisting the ACC and provide for nullification of corrupt transactions, as well as payment of compensation for damage arising out of corrupt activities.

The bill that was referred to a select committee of Parliament for consideration by Speaker Dr Patrick Matibini, will provide for the domestication of the United Nations Convention Against Corruption, the African Union Convention on Preventing and Combating Corruption and the Southern African Development Community Protocol Against Corruption and other regional and international instruments on corruption to which Zambia is a part.

Among the other objects of the bill is to repeal and replace the Anti-Corruption Act 2010.

"This Act may be cited as the Anti-Corruption Act 2012," the Bill's part one preliminary read.

"All offences under this Act shall be enquired into, tried and otherwise dealt with in accordance with the Criminal Procedure Code and any other written law."

Labels: ACC, CORRUPTION, PF, RUPIAH BANDA

posted by MrK @ 6:36 PM