The Citizens Democratic Party
Official Verbatim Transcript of Submission
From a legal perspective the language of the bill is far too ambiguous and leaves a lot of room for would-be offenders who seemingly
want to believe in abiding by the letter of the law, but choose to take no more than a passing interest in the spirit in which it is
written. By this we particularly refer to the heavy dependence on the description of what may be deemed as a “corrupt act” by the
preceding term “corruptly”, mentioned in section (21)- subsection 1 and 2. The legal jargon does not sufficiently cover the wide range
of acts that may constitute as “corrupt”. There are too many inducement and resultant scenarios that this section fails to cover in its
current form, which we fear may sufficiently stand up in a court of law as well within the law.
Upon examining and making comparison between the existing Act and the proposed Bill, we have noted the following specific
(1)Section 21 and subsection (1) and (2) of the proposed bill is full of nothing but technical legal jargon and a list of
offences loosely stated unlike the comprehensive manner it is provided for in the 1996 ACC Act
(2) The systematic removal of section 37 subsection (2) a, b, c, d and subsection (3) from the ACC 1996 Act will render the
bill toothless in addressing issues of corruption after a public officer leaves office or when investigating and possible
conviction of a sitting public officer.
(3) If section 37 has so far enabled the prosecution of the following political giants; the former head of state, FTJ Chiluba,
Xavier Chungu, Katele Kalumba to mention but a few and more importantly, when only three days ago, the country finally
saw the conviction of former Lands Minister Rev Gladys Nyirongo, why then is government so eager to repeal such a
powerful legal instrument if they are truly interested in fighting the culture of corruption and protecting common Zambians
from wrong doers of such high caliber?
(4) Generally, the removal of section 37 can easily be interpreted as an attempt to present a bill that is tailored to directly
or indirectly benefit its originators; The MMD.
(5) Cases where a public officer registers and owns property or opens a bank account in another person’s name, be it a
relative or otherwise will extremely be difficult to prosecute under the proposed clause in this bill should it become law.
(6) Among what is provided for in the proposed bill, section 21 should instead be appended as the preamble to section 37
and its subsections returned in its entirety if the originators of this bill, the MMD, have the political will to fight corruption
and other related vices both in the civil service and private sector.
By this submission, we urge all up-standing MPs worthy of the title “Honorable” to not only shoot down this proposed bill by
Parliamentary vote, but begin legislating and refining proper policy and procedure for government functionaries that will further
increase accountability. It is only by applying different and wholesome methods that we will see a positive direction in the
governance of our nation- a privilege and service afforded to you by our citizens.
As you debate this bill, we encourage and push each and every one of you, to think beyond party lines, and be very conscious of the
current plight of the majority of our people, who depend on the decisions you make in that House for a better and hopeful future.
As CDP, it is our hope that the spirit of "putting people first" would be cardinal in the decision making process in the nations’
|Our Official Submission to the Zambian Parliament opposing the removal of the
"Abuse of Authority" Clause from our Nation's Laws.
Please see below our verbatim/written statement to the referenced proposal that was made both through the Clerk of the National
Assembly, and the responsible Parliamentary Committee on Monday 11th October 2010. CDP has been put on record as the first ever
political party to influence the debate of Parliament before having actual party representation the "house". Please also refer to "Our Letter
to All Zambian MPs", that acted as a preamble to this submission.