TI-Z is deeply concerned about revelations stemming from a story in today’s Mast
Newspaper about considerations by the ACC to allow Ministry of Finance suspects to
refund money they siphoned between 2019 and 2022.
While citizens and wrongdoers are within legal right to approach the ACC to negotiate
and enter a settlement to voluntarily pay or refund the state of resources acquired
through corruption or illegal activity according to Section 80 of the Anti-Corruption Act
No.3 of 2012, this tool of resolving cases should not be the sole mechanism for fighting
corruption.
As a country, we have seen this law continuously exempt individuals implicated and
involved in cases of corruption and allowed them to go scot-free. We are concerned that
this law is increasingly becoming the de-facto mechanism of handling corruption cases,
making it easy for any individual with financial capacity to pay their way out of trouble.
Indirectly, corruption wins. While it is understood that settlements can expedite the
resolution of cases, they do not provide a strong deterrent effect on potential
wrongdoers. Without the fear of public trials and potentially severe penalties, individuals
are less deterred from engaging in corrupt practices. This not only undermines public
trust in the UPND’s commitment to fighting corruption, but it is a huge blow to the act of
whistleblowing.
Whistleblowers and Investigative Journalists risk their lives every day to expose
corruption for the greater good. Their relentless pursuit of truth and justice serves as a
vital counterbalance to unchecked power and serves the interests of society as a whole.
Through bravery, they shine a light on hidden wrongdoing, they challenge corrupt
systems, hold the powerful accountable, and help to safeguard democracy and the rule
of law- even when others choose to remain silent. Their invaluable contributions should
be recognized, protected, and supported to ensure a just and transparent society that
upholds integrity and accountability. If corruption cases continue to be dealt with
through negotiations with offenders on what is suitable for them, it undermines the work
of whistleblowers and investigative journalists and is an insult to their efforts.
TI-Z therefore urges the government and Law Enforcement Agencies to maintain a
balance between the use of settlements and the pursuit of court proceedings to
maintain strong deterrence against corruption. It is crucial to ensure that penalties and
punishments for corrupt practices are commensurate with the gravity of the offense to
discourage potential wrongdoers. We also call for the implementation of comprehensive
whistleblower protection laws that include provisions for anonymity, safeguards against
retaliation, and support mechanisms for whistleblowers. Through this, whistleblowers
would be guaranteed the utmost safety and would be encouraged to report corruption.
Sampa J. Kalungu (Mr.)
CHAPTER PRESIDENT
