Upon his swearing in as Zambia’s 7th Republican President on the 24th of August 2021, President Hakainde Hichilema delivered an inauguration speech that highlighted his stance of zero tolerance to corruption. Transparency International Zambia (TI-Z) is therefore anticipating a similar tune when the President officially opens the 13th session of the National Assembly of Zambia tomorrow the 10th of September 2021. Specifically, TI-Z expects the President’s State of the Nation Address to cover the following issues:
- Finalization of the National Anti-Corruption Policy
Since 2015, Zambia has been fighting corruption with an outdated National Anti-Corruption Policy. The 2009 National Anti-Corruption Policy which provided a framework for combating corruption in a comprehensive, coordinated, inclusive, and sustainable manner expired in 2015 and since then, there has been no policy to guide the fight against corruption in Zambia. The 2021 Anti-Corruption Policy was developed and finalized and submitted to Cabinet for approval. TI-Z, therefore, expects that the President will provide an update and roadmap for the policy approval by the Cabinet for onward effective implementation.
- Anti-Corruption Institutional Framework
The institutional framework for anti-corruption interventions in Zambia comprises Law Enforcement Agencies (LEAs), oversight institutions, Ministries, Provinces and Spending Agencies (MPSAs), regulatory institutions, and non-state actors. These institutions are responsible for the development, implementation, and reporting of anti-corruption strategies. Against the above, TI-Z is expectant that the President will call for the strengthening of communication and coordination, and scaling up the geographical coverage of LEAs. Furthermore, there is need to provide adequate human, financial and material resources in order for LEAs to execute their respective mandate efficiently and effectively, and in a transparent and accountable manner. The formation of integrity committees in both public and private institutions to support the coordination and facilitation of effective investigation and prosecution of corruption cases should continue, even with the change of government.
- Legal Framework
The fight against corruption requires a responsive and effective legislative and regulatory framework to deal with emerging challenges and prevailing forms of corruption. Zambia’s legal framework on the fight against corruption rests upon the Constitution of Zambia (Amendment) Act No. 2 of 2016, the Anti-Corruption Act No. 3 of 2012, the Forfeiture of Proceeds of Crime Act No.19 of 2010, the Public Interest Disclosure (Protection of Whistleblowers) Act No: 4 of 2010 among others. TI-Z is expectant that the President will direct relevant ministers and LEAs to review and strengthen the legal framework supporting the fight against corruption, given the complexity of corruption and its ever-evolving nature.
- Implementation of the Lifestyle Audit Mechanism
In line with the UPND manifesto, we also expect the President to provide a roadmap towards the implementation of lifestyle audits. Lifestyle Audits are best used systematically in conjunction with other anti-corruption measures, including the criminalization of illicit enrichment, establishing obligations for regular declarations of assets, incomes, and interests, as well as Unexplained Wealth Orders. TI-Z is expectant that the President will establish a strong framework for conducting lifestyle audits as its effective implementation can serve as a meaningful deterrent measure.
- Integrity in the Forestry Sector
The forest sector currently contributes about 5.2% to the country’s GDP and provides formal and informal employment to about 1.1 million people. However, the sector is plagued with challenges linked to institutional and legal lapses, illegal logging of native species of high economic value, such as mukula or rosewood. TI-Z has noted the continued illegal exploitation of the forestry endowment through a complex network of interest groups and individuals. The illegal logging of rosewood alone leads to staggering losses of about US$3.2 million in revenue and estimated bribes paid to state officials of about US$1.7 million. TI-Z is hopeful that the President will pronounce measures aimed at enhancing forestry management in order to mitigate against climate change, boost income generation, reduce poverty, and create employment.
- Mining Sector
Zambia’s economy is anchored on the mining sector, However, TI-Z notes that the mining sector in Zambia has a clear gap in dedicated local content legislation aimed at protecting local suppliers in the mining sector. Further, the sector has always been under serious derailments due to policy inconsistency, political influence by politically exposed persons, illegal mining activities, tax revenue loss, tax evasion, and inadequate revenue sharing mechanism between mining companies and the communities. The President is therefore expected to indicate a clear road map on how the country will revitalize the mining sector through policy consistency and the full actualization of the Minerals Development Act.
- Public Procurement
According to the recent FIC reports, the public procurement system has remained vulnerable to corrupt practices and the abuse of public resources. The procurement system was used as a conduit for corruption during the previous regime. The public has not forgotten about the Honeybee scandal and various road construction scandals which have been cited in the Auditor’s General Reports. Against this, TI-Z anticipates that the President will set the tone for a coordinated mechanism for the full, effective and efficient implementation of the recently enacted Procurement Act no 8 of 2020 which seeks to enhance transparency, efficiency, effectiveness, value for money, competition, and accountability in public procurement; as well as to regulate and control practices relating to public procurement in order to promote the integrity, fairness and public’s confidence in the procurement process.
- Debt Management Policy
There is need to strengthen the Legal Framework around debt contraction. The legal framework on public debt management needs a clear-cut separation of authority. Currently, the role of the National Assembly in the Loans and Guarantees Act (LGAA) remains limited to approving debt ceilings and the Money Bills, even though the Constitution requires that the National Assembly approves all public debt before contraction by the Minister of Finance on behalf of the Executive. The President should therefore provide clear guidance on how the debt management will be improved since unsustainable debt is one of the major economic challenges that Zambia is facing.
Maurice K. Nyambe
TI-Z Executive Director
