TI-Z Calls for a Transparent and Inclusive Process in the Review of the Anti-Corruption Act

Transparency International Zambia (TI-Z) urges the Government to ensure that the

ongoing review of the Anti-Corruption Act (No. 3 of 2012) is conducted through a

transparent, inclusive, and consultative process. The Anti-Corruption Act is a cornerstone

of Zambia’s legal framework to combat corruption, defining the structure, powers, and

functions of the Anti-Corruption Commission. It outlines crucial provisions for the

prevention, detection, investigation, prosecution, and punishment of corrupt practices,

grounded in principles of the rule of law, integrity, transparency, accountability, and

responsible public governance.

The primary legal frameworks that guide the implementation of Zambia’s anti-corruption

policies are the Constitution Amendment Act No. 2 of 2016 and the Anti-Corruption Act

itself. However, these laws face several challenges that hinder their full effectiveness.

From a legal point of view, discrepancies exist between some provisions of the

Constitution (Amendment Act No. 2 of 2016) and the Anti-Corruption Act, particularly to

do with the definition of state and public officer, which have made it difficult to fight

corruption in a wholesome manner.

Institutionally, there are concerns about poor coordination among key stakeholders, and

insufficient collaboration between law enforcement agencies (LEAs) when it comes to the

anti-corruption agenda. In light of these challenges, TI-Z supports the call for a comprehensive

review of these legislative frameworks, as recommended by the IMF Diagnostic Governance

Report, in a manner that is both transparent and inclusive.

While TI-Z acknowledges and commends government’s efforts to review and revise the

Anti-Corruption Act, we strongly advocate for a process that allows for broad stakeholder

engagement. This will ensure that the views of all relevant parties—ranging from

government institutions, civil society, the private sector, and the public—are heard and

integrated into the new legal framework. This is critical not only for strengthening the fight

against corruption but also for creating a piece of legislation that will endure and evolve

with time.

TI-Z believes that a transparent, inclusive, and accountable process will result in an Anti

Corruption Act that enhances Zambia’s ability to prevent, detect, investigate, and

prosecute corruption effectively. It will also ensure that Zambia’s anti-corruption

framework is aligned with regional and international conventions to which the country is

a party, and fully supports the implementation of the National Policy on Anti-Corruption.

TI-Z remains committed to supporting the government and all stakeholders in the fight

against corruption, and we call for a review process that will lead to a more effective,

robust, and sustainable legal framework for Zambia’s anti-corruption efforts.

 

Maurice K. Nyambe (Mr.)

EXECUTIVE DIRECTOR

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