Rupiah accuses LAZ of not defending courts
Written by Edwin Mbulo and Maluba Jere in Livingstone
Monday, April 27, 2009 3:22:16 PM
PRESIDENT Rupiah Banda has accused the Law Association of Zambia (LAZ) of not coming out strongly to defend the courts and the helpless accused persons from being attacked by civil society organisation and the press. And former Law Association of Zambia (LAZ) president Elijah Banda has said the government needs to consider LAZ as an ally in the quest to develop democratic principles.
During the LAZ gala night at the Zambezi Sun on Saturday, President Banda lashed out at the press and the civil society for commenting on ongoing criminal and civil cases.
“Nowadays, we in government and members of the public are wondering as to what is going on in legal circles. Of late, it has become increasingly common for civil society organisations, the press and some members of the public to comment on ongoing criminal and civil cases. In some cases, the courts of law have been insulted, demonised or scandalised in the press, amid loud silence from the Law Association of Zambia,” he said.
“The Law Association of Zambia has not come out strongly to the defence of the courts and those hopeless and helpless accused persons and parties whose human rights have been violated and their rights to fair trial compromised.”
He urged LAZ not to speak out only when there was perceived infringement or violation by the government.
“It should also speak out against the private sector, the media and members of the public who violate established laws and norms. Otherwise, an impression is given that certain individuals are above the law,” he said.
President Banda further appealed to LAZ, Zambia Institute of Advanced Legal Education, UNZA and the Ministry of Justice to re-examine the training of lawyers to meet with the latest technological developments.
Earlier on Saturday morning, President Banda and others held a closed door meeting with chief Mukuni at his palace for over two hours.
And former LAZ president Elijah Banda said the law was an important tool and instrument of social change.
“I appeal to your government to consider the Law Association of Zambia as an ally in the quest to develop the democratic principles and justice in our young democracy,” said Banda.
And newly-elected LAZ president Stephen Lungu, who polled 198 votes against his only rival Musa Juma Mwenye’s 106, said LAZ needed to be independent.
“Everything is now behind us. We need to be more formidable as LAZ. As long as we are lawyers, we need to be independent,” said Lungu. And Kafunya Mbindo was elected vice-president of LAZ after polling 193 votes against Tom Trevor Shamakamba’s 135.
Labels: ELIJAH BANDA, LAZ, RUPIAH BANDA
Read more...
Dora’s resignation not a finality, says outgoing LAZ president
Written by Maluba Jere in Livingstone
Sunday, April 26, 2009 2:56:10 PM
OUTGOING Law Association of Zambia (LAZ) president Elijah Banda has expressed doubt that former communications and transport minister Dora Siliya's resignation from her ministerial position will bring about any form of finality on the matter.
In an interview, Banda said although Siliya's decision to resign was the right thing to do, he doubted it would bring about any form of finality. He said he was aware that Siliya intended to apply for judicial review and that he respected the decision.
"We still feel that, I think, it was the right thing to do on her part because continuing in her position against the background of that nature was going to be a challenge. Over and above it was not going to bring finality over this issue," Banda said.
"... I'm not sure her resignation from her ministerial position will bring about any form of finality because there remains issues still being debated as to whether she can continue holding her parliamentary position or not."
Banda also said the time he served as LAZ president was a rare privilege and that he looked forward to being involved in other spheres in the region and the continent of Africa.
"My contribution to the association for the last two years is sufficient. For the time being I think let me give chance to the other people an opportunity. You have to have very good reasons to stick to a position such as this one given the fact that there are so many ably and prominently qualified persons. All I can say is that for me it has been a very rare privilege to serve in the position," he said.
Banda, who thanked LAZ for the cooperation and interesting time he had during his presidency, said serious challenges came up which the association had to preside over.
He cited the illness and consequent death of president Levy Mwanawasa as one challenge where LAZ had to give guidance to the nation on the provisions of the Constitution.
Banda also said it was discouraging when statements made in good faith were misunderstood.
However, he said LAZ was considered a leading association in making momentous decisions of a significant nature such as its participation on the National Constitutional Conference (NCC).
Banda said LAZ was a model association in the region, which was being looked at for continuous professional development. He said the membership of the association had grown tremendously and attributed that to the way it was reconfigured.
He said when he took up office, he did indicate that his focus would be to revitalise and concentrate on the core issues of the law association.
"By and large we have, as can be seen in number of ways, have managed to get membership interested again, seniors have come back," he said. "Lawyers from government are coming to join not just lawyers from Cairo Road in Lusaka and Buteko in Ndola."
Banda hoped that his successor would carry on the good work that had been started.
Labels: DORA SILIYA, ELIJAH BANDA, LAZ
Read more...
. . . LAZ backs plans to reorganise Attorney-General’s chambers
By Times Reporter
THE Law Association of Zambia (LAZ) has supported President Rupiah Banda’s plans to reorganise the Attorney General’s chambers if the measure will enhance efficiency.
Speaking in an interview in Lusaka yesterday, LAZ president, Elijah Banda said the association was in support of the president’s decision.
“Any such change is welcome if it will help enhance efficiency in the operations of the office of the Attorney General’s chambers,” Mr Banda said.
He said the Attorney General’s chambers had performed well as it was run by eminent lawyers who, by LAZ standards, had done extremely well.
Mr Banda said LAZ had so far not discovered any shortcomings in the way the lawyers in the Attorney General’s chambers had been operating.
He said despite the lawyers at the chambers working well, the president, as the appointing authority, had the powers to make changes.
“The president is the appointing authority and he is at liberty to make changes where he sees the need to do so. For as long as he considers to do so, he has the legal right,” Mr Banda said.
He said the president could not be compelled to divulge reasons for the changes, as when making appointment for such officers, he did not inform the public why he had done so.
“It is not important for the president to give the public the reason for the changes because the decision is entirely in the hands of the appointing authority,” Mr Banda said.
On Tuesday, President Banda said he would reorganise the Attorney General’s chambers to prevent the recurrence of confusion, which surrounded the provision of legal advice to former Transport and Communication minister, Dora Siliya.
The president noted that the tribunal found that Ms Siliya was somewhat misled by the confusion in the Attorney-General’s chambers and it was, therefore, necessary to reorganise it.
Labels: ATTORNEY GENERAL, ELIJAH BANDA, LAZ
Read more...
Corruption, abuse of authority of office won’t be tolerated – LAZ
Written by Maluba Jere
Sunday, February 15, 2009 7:52:57 AM
CORRUPTION and abuse of authority of office will not be tolerated, Law Association of Zambia (LAZ) president Elijah Banda has warned.
Commenting on former lands minister Reverend Gladys Nyirongo's four-year jail sentence, Banda yesterday said the law had run its course and those found guilty would be punished. He said the sentence slapped on Rev Nyirongo was a well-known sentencing principal of deterrent to would be offenders and advised public officers to desist from acts of corruption.
“Those are signals that corruption and abuse of authority of office will not be tolerated and those found wanting will be punished,” he said.
Banda also said such sentences were expected given the seniority of the accused person.
Lusaka principal resident magistrate Sharon Kaunda Newa on Friday sentenced Rev Nyirongo to four years simple imprisonment after finding her guilty on two counts of abuse of authority of office.
This was in case where Rev Nyirongo stood charged with two counts of abuse of authority of office contrary to the Laws of Zambia.
Particulars of the offence were that Rev Nyirongo, on a date unknown but between January 12, 2006 and February 22, 2007 in Lusaka being a person employed in the public service as minister of lands, directed Daisy Mulenga M'soka, a lands officer at the ministry of lands to generate offer letters of land in Foxdale area.
The letters of offer were given to Walinase Nyirongo, Janet Isaac Nyirongo, Peter Kapolya, Peter Ngulube, Precious Ndhlovu, Doris Mulenga, Mubanga Muyunji, Mickey Mukubu, Mwelwa Kamfwa, Bruce Chipasha and Dingwall Hayden in contravention of land alienation procedures, an act prejudicial to the interests of the government of the Republic of Zambia.
On the second count, Rev Nyirongo on unknown dates but between October 2006 and April 24, 2007 in Lusaka abused her position by directing Christopher Chewe, a junior technical officer in the Ministry of Agriculture and Co-operatives, to subdivide Zambia Consolidated Copper Mines Farm F/309a in property No.L/19634/M for her and that she obtained property for herself.
The court found Rev Nyirongo guilty and sentenced her to 24 months on the first count while on the second count she was sentenced to 48 months.
Magistrate Newa said the sentences would run concurrently meaning Rev Nyirongo will be jailed for four years.
Labels: CORRUPTION, COURTS, ELIJAH BANDA, GLADYS NYIRONGO, LAZ
Read more...
Malila’s advice to Dora is mandatory – LAZ
Written by George Chellah
Thursday, February 12, 2009 5:08:01 PM
THE Attorney Gener-al’s advice is mandatory, Law Association of Zambia (LAZ) president Elijah Banda has said. Commenting on the US $2 million contract awarded to RP Capital Partners of Cayman Islands by communication and transport minister Dora Siliya to value Zamtel’s assets without following procedure and against the Attorney General's advice Banda said there was no legal justification to ignore the Attorney General's advice over the partial privatisation of Zamtel. He stressed the need for the government to adhere to Attorney General Mumba Malila's advice over the matter.
“First and foremost, the Attorney General has clarified the position that this communication was between him and his client who is the Minister of Communication, in this case. And as lawyers, we would like to respect that professional privilege,” Banda said.
“That not withstanding, generally our view as LAZ on this matter is that the function of the Attorney General is that he is the government's chief legal advisor and the advice of the Attorney General is mandatory as opposed to it being optional.”
Banda said LAZ did not see why or how the Attorney General's advice should be ignored or waived by the government.
“I don't think there can be any legal justification to ignore that advice, and ordinarily, we feel there should be adverse consequences for ignoring that advice,” Banda said.
“As LAZ, we are studying the Memorandum of Understanding (MoU) with the view that at an appropriate time, we can give our view over the same and what action needs to be taken.”
Last month, Attorney General Malila strongly criticised Siliya's decision to proceed to sign an MoU with RP Capital Partners Limited over the partial privatisation of Zamtel shares in total disregard of legal advice from his office.
Malila in his letter dated January 5, 2009 to the permanent secretary in the Ministry of Communication and Transport advised that the MoU be nullified and that the necessary processes be followed.
But addressing the press before leaving for Tanzania on Monday, President Banda backed Siliya arguing that she was on the right track regarding the partial privatisation of Zamtel.
"As to the argument that she did it illegally, that is nonsense. First of all, when the Attorney General gives an opinion, he does not give the opinion to the public. The opinion given by the Attorney General is given to the particular client. If the Vice-President writes to the Attorney General and say 'I want your opinion on this', the Attorney General must write that letter to him. And if the minister writes to the Attorney General, the Attorney General must reply to her, not to the public," President Banda said.
He said Siliya should be given the opportunity to explain the issue in Parliament. President Banda said Siliya was smarter than some of the people questioning her.
According to the MoU, RP Capital had been single sourced and contracted by the government to provide consultancy services to the government in connection with valuation of Zamtel for purposes of the potential sale of government shares in Zamtel, assistance in negotiations with prospective acquirers in conjunction with the government team and project management of the potential Zamtel sale process working with the Ministry of Communications and Transport and/or the Zambia Development Agency (ZDA), as the case may be.
The MoU further stated that the Zambian government shall pay to RP a fee amounting to five [5] per cent of the negotiated amount and would get US $2 million [about K10.3 billion] as transaction fees at the end of the transaction.
The MoU stated that RP Capital Partners Limited would be reimbursed the expenses it would incur in air tickets, accommodation charges, sundries, report production and communication charges.
Labels: DORA SILIYA, ELIJAH BANDA, LAZ, MUMBA MALILA, RP CAPITAL PARTNERS, ZAMTEL
Read more...
I’m ready to take on challenges, says Kunda
Written by Inonge Noyoo
VICE-President George Kunda has said he is ready to take on the challenges that might come with his new appointment. And Vice-President Kunda has announced that the new constitution will be ready before the 2011 tripartite elections.
Meanwhile, Law Association of Zambia (LAZ) president Elijah Banda has described Vice-President Kunda as a capable, intelligent and diligent person. In an interview, Vice-President Kunda said he was a hard worker who had delivered in the previous position that he held.
"I believe whenever we occupy positions as leaders, we are supposed to be role models to everybody. If you are a good leader, others will emulate you; you don't have to put a lot of effort to put people in line. They just see what you are doing and I believe this is what people in the vice-presidency office will learn from me.
I work and people will see my work and some of the people who will see what I am doing will emulate me," he said.
Vice-President Kunda thanked President Rupiah Banda for appointing him as his deputy.
He pledged to work hand-in-hand with President Banda to achieve his vision by rising to the various challenges that the country was facing.
Asked if he expected the appointment, Vice-President Kunda said he was one of the longest serving ministers and he believed he was one of those qualified to take on such a responsibility.
On his dual roles as Minister of Justice and Vice-President, he said there was nothing new about him holding two positions at the same time.
Vice-President Kunda assured critics that he would be able to deliver in both positions.
"People who are saying I may not manage to hold two positions don't understand how the Ministry of Justice works. It is a professional ministry which normally has no deputy ministers but now there is a deputy minister, the Attorney General, the Solicitor General and a permanent secretary so the role which I will play is that of guidance. I believe these people are fully qualified, competent and experienced to deliver. As State Counsel, they also need my guidance so that the quality of service is impeccable at the end of the day," he said.
And Vice-President Kunda said he would accelerate the constitution review process under the National Constitution Conference (NCC) so that it could be completed in good time.
"There is need for us to complete the process so that we have a new constitution before the next presidential and parliamentary elections. We will also continue with the African Peer Review Commission (APRM)," he said.
Vice-President Kunda said the government was reviewing a new policy on the fight against corruption.
"We will continue with the fight against corruption, this as the President emphasised will be re-aligned, how can we make it effective? Should we continue with the Task Force on Corruption? What measures can we put in place to ensure that the fight against corruption is effective? We are reviewing a new policy on the fight against corruption. This will come up before Cabinet soon. The new policy which has been developed by the Anti Corruption Commission in consultation with government," Vice-President Kunda said.
Meanwhile, Banda said he was elated that once again, a member of LAZ was assuming a high position in government.
He said he was confident that Vice-President Kunda would be able to deliver and discharge his duties diligently in his new positions.
"It has delighted us as LAZ that an active member of LAZ has been elevated to the second highest office in the country. This comes after another member of LAZ was president. It's a show of confidence of our seniors in the profession," he said.
Banda said Vice-President Kunda brought a high standard in the law profession during his reign as LAZ president for four years.
"We have confidence in Mr Kunda, State Counsel and there is no doubt that he has been able to deliver in every position that he has occupied and we are very proud of him. We can wish him all the best, we are very happy and we will support him," said Kunda.
Labels: CABINET, ELIJAH BANDA, GEORGE KUNDA, RUPIAH BANDA
Read more...
LAZ sheds light on Cabinet jobs
Written by Nicholas Mwale and Constance Matongo
Thursday, November 13, 2008 8:26:54 AM
LAW Association of Zambia (LAZ) president Elijah Banda has explained that Cabinet appointments remain unaffected in the event of the death of the President until the successor makes some changes.
Commenting on the ruling by Speaker of the National Assembly Amusaa Mwanamwambwa in Parliament that the current Cabinet and any other person holding a position before the election would continue until the new President makes changes, Banda said the position taken by the Speaker in his ruling was well-founded and within the Constitution.
"My understanding is that the protest among other things was as a result of the continuing of nominated members of parliament and appointed Cabinet ministers in Parliament," Banda said. "Our view as LAZ is that the position taken by the Speaker is well founded and is within the constitution."
Banda said only the new President could make changes if he wanted to because it was his constitutional right to make reshuffles to his Cabinet.
"Their place in Parliament remains unaffected unless the new President decides to change as it is his prerogative to do so," he said.
Banda said the nominated parliamentarians and appointed Cabinet ministers took oath to the Office of the President and that in an event of the death of the President, they still remain attached to the office.
"It must be emphasized that the oath was taken when those people were appointed. That oath was to the Office of the President so even when the President dies, it is up to the new President to make his own changes if he wants," said Banda. "So we agree with the Speaker's ruling."
On Tuesday, Patriotic Front (PF) members of parliament walked out of the House after Speaker Mwanamwambwa ruled that there was nothing improper in appointing George Mpombo as leader of government business.
The PF parliamentarians led by party vice-president Guy Scott walked out of the chamber at 14:49 hours after the ruling by Speaker Mwanamwambwa that the current Cabinet and any other person holding position before election would continue until the appointing authority deems otherwise.
When deliberations resumed in Parliament, Speaker Mwanamwambwa announced that he had received communication from the government that defence minister Mpombo had been appointed leader of government business in the House.
After the announcement, Mpombo moved from his usual seat to occupy the Vice-President's seat amid shouts especially from the MMD.
But during the question for oral answer session, Scott stood on a point of order and asked Speaker Mwanamwambwa why Mpombo had been appointed acting leader of government business when the country had no Vice-President.
In his ruling on the matter, Speaker Mwanamwambwa said the country on October 30 elected a Republican President.
"Please note that Cabinet was not dissolved, there was the acting President, who you all know, who was carrying out the functions of head of state," Speaker Mwanamwambwa said. "Cabinet following the October 30 elections continues until the current head of state so wishes. Please also note that where you have proper systems in place, government or the Executive continues irrespective of the vacancy that may exist in that particular Executive. Though it may not be visible to your eyes, the position of leader of government business does exist and continues as notified."
After the ruling, the PF parliamentarians walked out of Parliament on grounds that they did not want to be part of unconstitutional proceedings.
Labels: CABINET, ELIJAH BANDA, LAZ
Read more...
MMD asks presidential aspirants to apply before August 26
By Patson Chilemba in Lusaka and Mutuna Chanda in Kitwe
Saturday August 23, 2008 [04:01]
THE MMD has asked members wishing to contest the party presidency to lodge in their application letters before August 26 with the secretariat. And Law Association of Zambia (LAZ) president Elijah Banda said Zambians should be looking for a leader who will add to the virtues of President Levy Mwanawasa when the country goes to the polls.
In an interview yesterday, Tetamashimba said the party's national executive committee (NEC) resolved after their meeting on Thursday that members should be given a chance to contest party presidency. He said NEC chairperson for legal affairs Bwalya Chiti explained provisions of the MMD constitution.
Tetamashimba said the NEC would sit on September 5 to elect a presidential candidate for the presidential by-election to be held in less than 90 days.
"People must start applying between today and 26th August, 2008. They can apply through the national secretary that they want to be considered to stand as presidential candidate," Tetamashimba said.
"Anybody who is a member, who has been in the party for not less than two to three years can apply and must satisfy the conditions of Article 34 (3) of the national Constitution. On the issue of the convention, there is no time. So what happened was that both the constitution of the Republic and the party were explained to us in NEC and so, democracy demands giving anybody chance."
But NEC sources said the August 26 deadline was just by party national secretary Katele Kalumba’s suggestion which was not agreed upon in principle. The source said the deadline would not be binding because people could file in their applications after August 26 and still be adopted for the presidency.
Meanwhile, Tetamashimba said that NEC agreed to respect President Levy Mwanawasa's wish to be buried at his Palabana farm on the outskirts of Lusaka, and not Heroes Square.
And reacting to Dipak Patel's statement that finance minister Ng'andu Magande was the most suited candidate, Tetamashimba said non MMD members like Patel should not tell the party which candidates were better.
And in an interview yesterday, Banda said the benefit of President Mwanawasa's hardline stance against corruption and his insistence on good governance was there for all to see.
"The legacy that President Mwanawasa has left is clear," Banda said.
"He's left a legacy of a government that is wholly dedicated to the rule of law, justice, good governance and these have been shown in his commitment towards fighting corruption and fiscal discipline in government spending. Going forward, the country will be looking for a leader who will add to those virtues and take them to a higher level and that is what President Mwanawasa would have loved."
He said taking away from the legacy that President Mwanawasa had left would reverse the country's economic gains made during his tenure.
"The profile that President Mwanawasa left is good enough precedent even for those that have remained in his party to follow," Banda said.
And Banda said it is within Vice-President Rupiah Banda's powers to defer assenting to the bills to increase salaries for constitutional office holders.
Banda said Vice-President Banda, who is Acting President, could choose whether or not to assent to the amendment acts that increase salaries for constitutional office holders or wait until after the transition period of the presidency.
"The Acting President assumes all the functions of head of state and this does not only relate to assenting to legislation relating to emoluments of constitutional office holders but to any other legislation that is brought to him," said Banda.
"As to whether this will be an appropriate time for him to assent to the acts given the extended period of mourning, it will be left to him to judge. It is up to him to determine whether he'll assent to the legislation during the transition period or will wait until after the transition...Considering the public sentiments against the said laws, it's within his powers to defer assenting to the legislation."
Labels: ELIJAH BANDA, LAZ, MMD
Read more...
LAZ's advice angers Chiluba
By Mwila Chansa
Monday April 28, 2008 [04:00]
FORMER president Frederick Chiluba has accused LAZ president Elijah Banda of using the noble platform of LAZ to prop up the image of the Task Force on Corruption. Reacting to Banda’s recent statement that Chiluba should use the Carlington maize deal investigations to prove his innocence, Chiluba said he was aware that Banda was a partner in the MNB legal practitioners that had allegedly financially benefited immensely from proceedings and cases the Task Force on Corruption had undertaken.
Chiluba said he would make a formal complaint to the LAZ board as Banda’s statement had failed to uphold his rights.
“LAZ should be seen as a neutral arbiter and not an extension of President Mwanawasa’s government,” said Chiluba through his press aide Emmanuel Mwamba.
He said LAZ should recognise the fundamental principle of a person’s right to innocence till proved guilty.
Chiluba said Banda’s statement amounted to presuming that he was guilty before he proved himself innocent.
“LAZ enjoys a unique position in the country on governance, rule of law, and human rights and the kind of statement issued in reference to the Carlington maize deal departs from these fundamental principles that they are expected to pursue,” Chiluba added.
“We urge the LAZ president Mr. Elijah Banda to recognise the fundamental rights and human rights of every individual despite the political differences existing between such an individual and government.”
He said LAZ was an institution that was supposed to help promote justice in the country and that they could only do this by acting as a neutral arbiter and not like an extension of the government.
Chiluba said he had never heard LAZ rising to his defence when he raised issues regarding his right to a fair trial, issues on the independence of the judiciary or his right to the due process of the law.
On Friday, Banda said Chiluba should use the Carlington maize deal investigations to prove his innocence. He further said there was nothing abnormal in the government’s decision to reach a settlement with DRC governor Moses Katumbi and that it was a positive step in the fight against corruption.
But Chiluba charged that the Task Force on Corruption had not helped fight the vice in Zambia as it had escalated.
“It is public knowledge that the Task Force on Corruption is now surviving on expired mandates and its support from all parties including co-operating partners is totally diminished,” he said.
“And clearly, you get the sense that in their quest to continue to be relevant, they are desperately whipping up public emotions with sensational and high-sounding cases such as the Carlington maize deal so that their role is revived and its existence extended.”
Chiluba said everyone has recognised that to fight corruption in Zambia, a broader and effective approach has to be taken by government, donors and citizens and that financial and technical support should be given to institutions such as the Auditor General, the Anti-Corruption Commission, the Directorate of Public Prosecutions, the judiciary and reforms in institutions of government.
Chiluba said millions of dollars and pounds in the Task Force remained difficult to justify when acts of corruption from State House, leaders and government institutions had escalated. He said the government seemed keen to fight old acts of corruption but refused to curb serious acts of corruption in its own ranks.
“It even mocks public statements and reports on this escalation when institutions such as Transparency International and Auditor General’s office. Yet it is claimed to be founded on the fight against corruption,” Chiluba said.
He said if corruption had to be won, it should be condemned in the strongest terms regardless of which government is involved, “yet Mr Banda appears to be selective in his approach”.
Chiluba said although LAZ is a professional association for lawyers, Zambians have placed trust in it, hoping that it will promote fairness and justice. He said LAZ is also expected to be seen as an independent arbiter in conflicts that relate to matters of law.
Labels: CHILUBA, ELIJAH BANDA, LAZ
Read more...
LAZ seeks suspension of Chitoba
By Noel Sichalwe and Inonge Noyoo
Sunday July 29, 2007 [04:00]
THE Law Association of Zambia (LAZ) yesterday asked the Anti-Corruption Commission (ACC) to recommend the suspension of DEC Commissioner Ryan Chitoba and his deputy Jacob Koyi while investigating the financial scandal. And United Liberal Party (ULP) president Sakwiba Sikota has also called for the suspension of Chitoba and Koyi from duties pending the conclusion of investigations.
LAZ president Elijah Banda yesterday said ACC should be mindful of the fact that the allegations against Drug Enforcement Commission (DEC) commissioner Chitoba and Koyi were serious.
Banda said ACC should not be restrained by the fact that it was investigating a sister law enforcement agency but rather conduct its work professionally.
"In their exercise of their work, anything considered to be an interference, ACC has the powers to do something about it," Banda said. "If the commission is aware of anything that is making it difficult to reach potential witnesses, they have the power to restrain the DEC Commissioner from any interference in the performance of their duties. As LAZ, we denounce any moves aimed at restraining the investigation and interference with potential witnesses."
He said the ACC should be aware that its had unrestrained powers to conduct thorough investigations.
And Sikota said the spate of searches and arrests of officers of the DEC were matters of grave concern.
He said there was a need to ensure that there was no 'witch hunt' at the institution.
"The recent transfers and demotions at DEC by Chitoba raise a lot of questions. In view of the fact that prior to these spates of transfers, demotions, searches and arrests, investigations were instituted against Chitoba and his deputy, there is need to suspended him pending the conclusion of investigations," he said.
Sikota said the allegations against Chitoba were sufficiently grave.
He said in order to ensure that there was no interference with possible witness and evidence, those facing allegations should be on suspension.
"What is currently going on at DEC will not only demoralise the workforce but also reduce the public's confidence in the institution," said Sikota.
ACC director general Nixon Banda on Friday expressed worry at the manner that Chitoba was transferring employees suspected to be whistle-blowers in the abuse of authority of office scandal.
Addressing the press, Banda said the ACC was studying the matter to see how it could help. He said the reported transfer of DEC employees suspected to have been whistle blowers could have been an administrative matter.
"The current ACC Act does not contain the provision for the protection of whistle blowers but there is an Act that provides for protection of potential witnesses," Banda said.
Banda also said that ACC could not at the moment recommend whether Chitoba should be sent on forced leave or not. ACC recently started investigating Chitoba and Koyi for abuse of office involving about K1 billion.
Labels: ACC, ELIJAH BANDA, LAZ, RYAN CHITOBA
Read more...
