Transparency International Zambia (TI-Z) would like to welcome all of you to this
Press Briefing, which represents our commemoration of the African Union (AU)
Anti-Corruption Day, which falls tomorrow the 11th of July 2020. TI-Z remains
indebted to the people of Zambia for the trust shown in us as the leading civil
society anti-corruption crusader contributing to the promotion of good governance
in Zambia. Indeed, as an organisation, we can only be grateful that this year marks
20 years of our existence and we would like to pay special tribute to all of you that
have contributed in different ways to our success over this period.
Distinguished invited guests, Ladies and Gentlemen,
The AU Anti-Corruption Day is part of the many interventions and initiatives aimed
at placing the spotlight on corruption, with a view to rooting out the vice, while
strengthening democratic principles, institutions, and the rule of law. The ultimate
aim is to attain transparency and accountability in the management of public affairs
among AU member countries. This day therefore provides another critical
opportunity for African governments to introspect on the efficacy of their efforts
to fight corruption and promote good governance. Unfortunately, the efforts of
Africa’s leaders in this regard have continued to be largely underwhelming and
outrightly uninspiring. Africa’s leaders have long paid lip service to tackling
corruption, and the time has come for them to act by going beyond rhetoric to
deliver concrete policy, legal and institutional actions that will combat corruption
in real and effective ways. The fight against corruption requires unwavering
political commitment and this is often in short supply in most of the AU member
states. Our 20 years of existence as an anti-corruption crusader in Zambia, coupled
with the over 25 years of the Transparency International global movement, has
taught us that corruption will not end with the likes of TI-Z and a few others raising
2
alarm, or the Anti-Corruption Commission (ACC) arresting a few individuals. Rather,
the fight against this scourge needs the concerted efforts of all stakeholders,
including ordinary citizens in order to take the bull by its horns. Citizens, now more
than ever before, need to hold public leaders accountable in the manner they
discharge their functions. Citizens in our own country Zambia, should not be lured
into a false sense of comfort that corruption is under control, because the opposite
is true- we are dealing with a problem that is spiraling out of control.
Distinguished invited guests, Ladies and Gentlemen,
As we commemorate the AU Anti-Corruption Day, there are many lessons to be
picked and recommendations we can deduce from this year’s theme which is
“Fighting Corruption through Effective and Efficient Judicial Systems”. We believe
that as the country is joining the rest of the African continent in observing this day,
it is only prudent that efforts to fight corruption in Zambia be accelerated in order
to contribute to the attainment of meaningful sustainable development.
Sustainable development, ladies and gentlemen, is not confined to the road
infrastructure or shopping malls alone. Rather, it entails us coming up with
solutions that improve the lives of this generation and future generations to come.
Sustainable development further entails us coming up with a Constitution that
stands the test of time, better anti-corruption laws that protect the whistle blowers
and having progressive laws such as the Access to Information law enacted. We
would like to remind you all that Zambia signed the African Union Convention on
Preventing and Combating Corruption (AUCPCC) on 3rd August, 2003 and ratified it
on 30th March, 2007.
Distinguished invited guests, Ladies and Gentlemen,
We do take note that Zambia has made some strides in domesticating some
provisions in the Convention, through the enactment of key pieces of legislation.
The following pieces of legislation are currently in effect in Zambia:
- The Anti-Corruption Act;
- The Forfeiture of Proceeds of Crime Act;
- Public Interest Disclosure Act
- The Prohibition of Money Laundering Act; and
- The Public Finance Management Act.
3
Having said that, we want to emphasise that other necessary laws that would
enhance the fight against corruption have not yet been enacted, with the key ones
being the laws pertaining to Asset Recovery, Access to Information and the
regulation of political party financing. We equally want to state that fighting
corruption is not limited to have good laws on our statutes, it should be about
consistent enforcement of the laws and that is where we fall short as a country.
Further, we as a country have not put in place measures that would aid the quest
to curb corruption such as Life Style Audits of Public Officials and Declaration of
Assets before, during and after one has served as a public official. Zambia’s
continued failure to enact these laws makes the theme “Fighting Corruption
through Effective and Efficient Judicial Systems” a very challenging one to attain.
We simply cannot protect whistle blowers without strengthened laws and this is
the reason why many people choose to keep quiet even in the wake of the
corruption they may observe.
Distinguished invited guests, Ladies and Gentlemen,
For us to make considerable progress in the fight against corruption, we need
everyone on board. There should be no sacred cows – from an ordinary citizen to
the presidency. We have what it takes to end corruption, but to do this, the
selective application of the law needs to come to an end. As we speak today,
perpetrators of the Mukula tree saga are still free and roaming the streets; the
case of the 48 houses which later became 51 has seemingly died a natural death;
the Michael Chilufya Sata Toll plaza saga still needs answers; and the issue of the
overpriced fire tenders has been forgotten. With all these issues still pending, we
are concerned that our leaders are expending their energies on non-priority issues
such as the undesirable push to amend the Republican Constitution through the
controversial Bill 10. What is more difficult to comprehend is that in Zambia today,
while there is freedom of expression as guaranteed by the supreme law of the land,
freedom after expression is not at all guaranteed. This can be seen in the closure
of Prime Television on very flimsy grounds, as well as the repeated thuggery
exhibited by political party cadres who have made it their business to conduct raids
on radio stations and disrupt programming in these stations with impunity.
A strengthened judicial system can only exist if a country can guarantee that
people’s rights will be respected and that there will be observance of the rule of
4
law. The Judiciary cannot operate independently if the Executive continues to wield
unnecessary powers over it, and neither can the ACC because in its current form,
this law enforcement agency has limited capacity to prosecute white collar crime
in the country. The Commission is also generally underfunded, which not only
makes it difficult for it to fully carry out its mandate, but also compromises its
independence as it is heavily reliant on the treasury for its operations. This
independence is needed to conduct investigations and prosecute cases without any
undue influence, and unfortunately, the ACC continues to face many challenges in
this regard. Failure to successfully prosecute high profile cases by the ACC has
negatively affected public confidence in the institution and at times in the whole
fight against corruption which seems to weigh heavily against petty or
administrative corruption while leaving out grand corruption, political corruption
and state capture.
Distinguished invited guests, Ladies and Gentlemen,
As we commemorate the AU Anti-Corruption Day, we would like to reiterate the
call for concerted efforts to address the scourge of corruption. As an organisation,
we have continued to offer ourselves to government as partners in this daunting
fight, over which we seem to be making very little progress as a country. Together
we can win this fight but only if government begins to see us in civil society as equal
partners and not enemies. We urge all stakeholders to seize this opportunity to
make progress in the fight against corruption. Our doors remain open for any
collaborative opportunities that are aimed at fighting corruption in this country.
In conclusion, we would like to appeal to President Edgar Lungu to use this
momentous occasion to reconsider his position of not relieving Health Minister Dr.
Chitalu Chilufya of his ministerial duties in the wake of his ongoing court case. We
are aware of and subscribe to the principle of presumption of innocence, which is
one of the hallmarks of our judicial system. However, we would like to put it to the
President that corruption is not only a legal issue but also a moral one. Thus, to
facilitate smooth investigations and to allow the Minister to focus entirely on his
court case without any distractions, it is our contention that the President has a
moral obligation to relieve Dr. Chilufya of his ministerial duties. We also note with
sadness that just yesterday, Minister of Information and Chief Government
Spokesperson Dora Siliya stated that the fight against corruption is a wastage of
5
resources. We have observed with sadness that Hon. Siliya has consistently issued
statements that undermine and trivialize the fight against corruption and this raises
serious questions about government’s commitment to this cause. To term the fight
against corruption a wastage of resources is unfortunate, when resources are being
wasted on other endeavors such as pursuing youths who are expressing their
freedom of expression. We call on the President to take action against Hon Siliya
as we believe she has become a stumbling block in the fight against corruption.
We further reiterate our call for the reopening of Prime Television because we
believe that the existence of a free and vibrant media is one of the key ingredients
in the fight against corruption. Ultimately, as alluded to earlier, Zambia needs to
fully domesticate international and regional protocols that will enhance the fight
against corruption, and enable us as a country to make real progress in tackling this
vice.
Thank you for your attention, and may God bless Zambia
