TI-Z Statement on the Acquittal of the Livingstone Mayor and Implications for Public Integrity
Transparency International Zambia (TI-Z) has taken note of the judgment delivered by
the Subordinate Court in Livingstone in the matter involving the Mayor of Livingstone City
Council, in which the court acquitted the accused on charges of corrupt practices with a
private body.
TI-Z acknowledges and respects the decision of the court, which was grounded on
established principles of criminal justice, particularly the requirement that the prosecution
must prove every element of an offence beyond reasonable doubt. As the court correctly
held, discrepancies between the particulars of the charge and the evidence presented
created reasonable doubt, which was resolved in favour of the accused.
However, while the legal outcome of the matter has been determined, TI-Z is concerned
about the serious integrity questions that arise from the facts as established by the
court itself. Notably, the judgment confirmed that the Mayor, in her official capacity,
received a substantial sum of money amounting to K180,000 as cash gratification
in connection with a transaction involving the remission of property rates owed to a local
authority.
From an integrity and accountability standpoint, the receipt of such funds by a public office
bearer – regardless of the technical shortcomings in the prosecution’s case – raises
legitimate public concern. Public officials are entrusted with authority to serve the public
interest, and their conduct must always meet the highest ethical standards. Integrity is not
tested only by what is criminally punishable, but by whether an official’s actions inspire
public confidence and uphold the values of honesty, impartiality, and transparency.
TI-Z therefore emphasizes that acquittal on legal grounds does not automatically
equate to ethical clearance. The confirmed receipt of money connected to an official
function place the integrity of the office in question and undermines public trust in local
governance institutions. Such situations highlight the importance of robust ethical
safeguards, effective internal controls, and proactive accountability mechanisms within
public institutions. Given the circumstances of this case as observed by the Court, we find
it difficult to comprehend why, from an ethical point of view, the Mayor should continue
holding office, notwithstanding that she has been cleared on the legal side. Where one’s
public conduct has been found to be corrupt as observed by the Court, one should have
the decency to resign on account that they will no longer be able to inspire public
confidence as regards their conduct in that office.
This case further highlights the need for strengthened investigative and prosecutorial
processes, including the careful framing of charges and alignment of indictments with
available evidence, to ensure that corruption cases are not lost on procedural or technical
grounds. The integrity of the anti-corruption fight depends not only on judicial
independence but also on the competence and diligence of investigative and
prosecutorial agencies.
TI-Z therefore calls upon the UPND administration to strengthen the technical and
financial capacity of law enforcement and prosecution agencies. A balanced and effective
fight against corruption should embrace both effective criminal convictions and preventive
measures. TI-Z will continue to advocate for stronger integrity frameworks, accountability
in public office, and reforms that ensure corruption is addressed both legally and ethically,
in the best interest of the Zambian people.
Maurice K. Nyambe (Mr.)
EXECUTIVE DIRECTOR
