THE Zambia Congress of Trade Unions (ZCTU) and chief Government spokesperson Ronnie Shikapwasha have criticised Transparency International Zambia (TIZ) for threatening to campaign against President Rupiah if he assents to the amended Anti-Corruption Commission (ACC) Act.
ZCTU president Leonard Hikaumba said the decision to repeal article 37 of the ACC Act was in line with international standards and threats to campaign against President Banda if he assents to the Bill were misplaced.
Chief Government spokesperson, Ronnie Shikapwasha said he took great exception to TIZ’s threats to de-campaign President Banda ahead of the 2011 elections if he assented to the revised anti-corruption Bill, 2010.
Mr Hikaumba in an interview in Lusaka yesterday said civil servants were failing to invest in various sectors fearing that the ACC and other security wings would arrest them.
Describing the law as archaic and prohibitive in a liberalised market system where business innovation was unavoidable, Mr Hikaumba said the burden of proof in the current ACC Act lay with the accused person, which was against the international standards.
He said the ideal situation was for the accuser or the State to prove the accused person guilty by providing evidence of theft or corruption but this was not the case in the current law.
Mr Hikaumba said public service workers had been disadvantaged by the Act and were failing to find extra resources and build houses because they were already guilty before they stood trial.
He said threats by TIZ to de-campaign President Banda over the clause were erroneous considering that the abuse of authority clause had not been erased from the penal code and remained a criminal offence punishable by law.
TIZ did not have a good reason to launch a campaign against President Banda even though democracy allowed them to express their opinion in any way they wanted.
Mr Hikaumba said the only change the amendment had brought about was that the accuser would now be required to gather evidence and prove to the accused person why they should be placed on the guilty side.
And in a statement issued in Lusaka yesterday, Lieutenant-General Shikapwasha said the Government noted with dismay the remarks attributed to TIZ in the October 26, 2010 edition of The Post newspaper over the Anti-Corruption Bill 2010.
Gen Shikapwasha wondered why TIZ which had previously spoken positively about the Bill, which was largely borrowed from the South African law, considered as the best practice model by TIZ, was now against it.
“TIZ were pleased that the Bill reflects a position TIZ subscribers to, that the crime of corruption should cover both the payment as well as receipt of bribes.
“Another point related to this is that the law promotes symmetric punishment and both the briber givers-payers and the bribe-takers are mentioned and sanctions and penalties prescribed,” Gen Shikapwasha noted.
TIZ in hailing the new Bill noted that it encouraged whistle-blowing, which was a good point and an important element in the fight against corruption.
The anti-graft body acknowledged that the declaration of assets and liabilities by the board and staff of the ACC was a welcome development although it was not clearly stated whether the declarations would be annually.
Gen Shikapwasha said TIZ was also happy that the mandate for the investigating and prosecuting electoral corrupt practices had now been clearly given to the ACC.
“After making the above comments, TIZ stated that section 37 should not be removed and in view of the above comments, unless it has other hidden motives, the removal of section 37 of the ACC Act 1996, for the reasons which the Government has given, is no reason for the organisation to issue threats.
“TIZ is a non-governmental organisation (NGO) and is, therefore, advised to register itself as a political party if it wants to embark on political campaigns ahead of next year’s elections,” Gen Shikapwasha, who is Information and Broadcasting, said.
The minister said the new law had provisions which would effectively and efficiently support the provision in the Penal Code and enhance the prevention, detection, investigation, prosecution and punishment of corrupt practices and related offences.
Last week, Lusaka lawyer Mwangala Zaloumis said the amendment to the ACC Act was necessary because it presumed suspects guilty before they stood trial in the courts of law.
Mrs Zaloumis said the current ACC Act provided that officials from the ACC, police and other security wings could pounce on any one who owned property and ask them to show how they raised resources.
[Times of Zambia]
TIZ NONSENSE have you ever campaigned for RB or indeed MMD. you get paid for criticising govt of the day like youe bedfellow membe and the post. you can start your campaings now you have no audience except your masters. GO TO HELL LIFUKA AND LUNGU
Mr Hikaumba is an airhead. He doen’t seem to realise the fact that civil servants can not invest in businees ventures because they earn meagre salaries – in which case he should fighting for their case. If civil servants are venturing in business with resources they have worked for and earned there is no need to fear.
NCC allowances have gone to Hikaumba’s head. He has sold the Union and should as a matter of urgency be ditched.
What is wrong with isntitutions exrcising their democratic right to support a candidate of their choice. TIZ retains the diligent right to do so.
What has Vasco Da Banda done for the country to deserve such support?
I thought Mr Hikaumba is rational thinker, alas he is just as empty as the Shikapwshyas and Mulongotis. For pity’s sake how can a civil servant fail to account for the resources that are genuinly acquired? The other empty MMD cadre, muchengwa (DPP fimo fimo) even started telling lies clause that the was unconsititutional!!! Ours is a disgraced leadership!
Abena reuben lifuka. . . .you can campaign for Sata .Who the hell cares which fool you want to get in bed with!
Fellow Zambians, the first question I would like to pose to Mr. Ronnie Shikapwasha is WHAT MOTIVATED HIS GOVERNMENT TO COME UP WITH THE IDEA OF REMOVING THIS CLAUSE FROM THE ACC ACT. There are so many bad laws that need to be repealed for the sake of the ordinary Zambians such as the death penalty and the theft of vehicle being a non bailaible offence. But what do we see? The whole government wakes up one morning and decides to remove the very that is there to protect the integrity of the Nation just to protect thieves from within government. While countries like Kenya are prosecuting a Mayor and some ministers for abuse of office, here in Zambia Mr Rupiah Banda is busy trying to shield offenders. Even” corrupt” Nigeria has recently arrested a number of ministers for abusing their offices.
Continued from#7While countries like Kenya are prosecuting a Mayor and some ministers for abuse of office, here in Zambia Mr Rupiah Banda is busy trying to shield offenders. Even” corrupt” Nigeria has recently arrested a number of ministers for abusing their offices. What MMD should realize is that when they get out of power, the new government will not be inhibited by the removal of this article, they will just arrest all those who had used their offices to plunder the nation. You can Run But You Cannot Hide.
#7 u cant compare our president to these others, ours is a special case in that he wen’t to state house by miracle, no direction at all! There is no rational explanation to this malicious act. No resonable govenment can uphold corruption so openly. when Shakafuswa first brought it up in parliament the v president threatened him with an imprisonment., yes it started just like a joke!
This ZCTU iz a very big embarrassment to the Zambian workerz.
Ba Hikuamba, since when did he become an ally of MMD? Something fishy here
Hikaumba should be voted out like MMD from power. He was heavily compromised during the NCC seating. He used to get over K18m tax free allowance per month at NCC. He has abandoned the workers. let TIZ de-campaign RB if they so wish what is your problem? How does it affect you as ZCTU. Hikaumba you lossing to Mr. Mbulo from MUZ. You have been heavily compromised and workers have lost hope in u. U have failed to improve wealfare of workers and yet very fast to defend RB.
HIKAUMBA – STINKING TONGA BULL
I thought trade unions were apolitical. was I wrong?
Who’s interests do these Labour organizations serve,the workers who get shot at by their employers? the workers who work for years on end without proper contracts,who are always short changed when it comes to minimum wages or they are serving their political masters
Its just pathetic and annoying for Hikaumba to even occupy this office if he cant fight for basic workers’ rights
Pa Zed………………
WOW……This is scary ! Zambians please ,lets flip the coin for a change and not take what mmembe and his cronies say to be gospel truth. There is no way someone found stealing or practicing corruption cannot be held to account. Hikaumba is a civil servant, he knows how people are treated in the boma. I know of some boma guys still on suspesion since 2006 all because Mwanawasa got excited after reading AG report…Zambians please!!!!
Lets learn from the same countries funding TIZ….what ever happened to the corrupt MPs there?
what a union leader hikaumba ,sure let us just sell zambia and share the money cause these unions have lost direction may be when we start renting we can start a new movement of unionism ,not this shit
# 7 you have hit the nail on the head. Why are we still keeping bad laws like death penalty and non bailable motor vehicle theft? In the mean time this government is in a hurry to protect thier backsides that have been fattened corruptly!
The Hikaumbas have been bought with money freely handed to them tax free through the NCC.. This money can be termed as ‘AMAFISA KANWA’, corruptly obtained money. How can we expect him to be rational? We will demand that you all pay back these monies come 2011! You can run but you cannot hide, indeed!
One crisis we face in Zambia today is that most organizations starting from churches to ngos have become appendages of either the ruling party or the opposition. The statements attributed to both TIZ and ZCTU in the article above have obvious political overtones. We still have the issue of the miners who were shot recently, and ZCTU have not pursued this matter with the energy and passion they show towards the removal of the ACC act in the above article. Most other organizations also come to life only when they are making political statements.
# 6 Lets talk abuot facts instead of just brabbing……….atase /////nonsence chi kwalola mwela.
nefishilingile kanfye mulandepo.
Whist we do not support government’s intention to remove this clause it should be said clearly that TIZ is well know to have a deep working relations with Post. They have always tried to propel a certain opposition party. But Zambians are wise and knows how to differential between fighting a nobel cause and using a nobel cause to fight poeple you do not like. its for this simple reason that the Post will always be viewed a petty paper full of nothing but subjectivity with lack of logic.
Who cares all the three so called aspiring presidential candidates are just power hungry and have no interest in mother zambia, TIZ just do what you want and stop making noise. Hikaumba is mmd bootlicker what do you expect from him? zambia is in dilema with no direction and hope from either rulling party or oposition.
The revised law would be bad for people like Regina since the bribe-giver,FTJ, would also be punished for those stolen properties she was found of possesing by the courts!The current law(according to Shikapwashya &Co) would only allow her to be punished even when the person who stole is known!What do you zambians want or complain of kanshi?I guess if the changing of this same law was spearhearded by the post,TIZ,catholic priests etc, it would have gained a lot of support.Some people are just thick in the heads!Why do you want to preserve a law that presumes you guilty until proven innocent?A law that would only allow the prosecution of RB’s girlfriends(if at all he has any!) for receiving stolen govt money when he vacates office and leave RB himself scotfree?Doomed people,think!
What is going on at ZCTU? Have all the leaders there become F.O.O.LS?
As to the presumption of guilt, there is always an element of that in every arrest, or else what is the basis for any law enforcement officer to arrest any individual? Isn’t the principle of presumed innocence until proven guilty simply meant to prevent the meting out of punishment prior to proof of guilt? Those civil servants who accumulate wealth in a proper manner surely don’t have anything to fear, for they should be able to show how they got their wealth if they are questioned by the authorities.
RB and his group are simply up to no good!!!!
#24 Kadobi- You have openned my eyes. You see Rginas case was adjourned to some date in November by which time the Revision of the law could have gone to the so called parliament and give enough time to the so called president to assent to the revised law. Jame Hardley Chase stuff except this is not fiction.
If Hikaumba wants to endorse a particular political party or leader, he must do so in person; not on the ZCTU platform as our spokesman. TWAKANA!!!! The views he is airing are not the views of we the members!
ZCTU 2011 for MMD and beyond…………………!
Thats why Magande calls Zambians as no-analytical and it clowns like the ones on this blog that makes me to subscribe to his view. Point is Lifuka, Lungu, TIZ, CSPR, SACCORD, Post, Bwalya , mpundu while thinking they have a large following actually do not. They all share an insignificant group of loud but empty tins who do not even vote. So you think Bwezani can be scared when any of them say they will de-campain? whether they de-campaign or not, they will not influence matters
#30 Umodzi_Kumawa- dont bury your head in the sand. Just ask yourself why for example would want to stop Police Night Patrols. Why? He would want to be free to commit crimes as he wishes.So is the removal of ABUSE OF ABUSE.
Kadobi You are right on. Most pipo commenting on this issue do not even have an idea about the contents of the anti-corruption laws. Abuse of office clause has just been amended in line with the constitution in this regard.Penal code still holds
MEANT ABUSE OF OFFICE
This situation in which Hikaumba is in is called “state of awareness”, when he left NRDC, he was very bright, vibrant and innocent, i remember him for wearing his black bandana campaining against MMD in 2004. Well, what else do you expect from a wreck like him who comes from Mumbwa(mumbwa mumbwa). In such postion like his, there are more blown envelops down the drain and everyone will guess where the come from let alone leave empty and torn for the loo. Its a pity that we take into office people who are good at oratory but cannot afford to lift a finger for hard work. How do you expect them to survive through turbulent economies that hit even the comon man on the street & his children?
Lastly, no group or assembly is prohibited from endorsing a candidate.They have the rights! PEACE
Organisations such as SAARCOD and TIZ should be ashamed of themselves for being tools of outsiders whose duty is to weaken African goverments. These are the decendants of those who sold fellow Africans as slaves. They rarely say anything that is of national interest but to ensure that there stomachs are filled, they seek to please there masters by saying things that undermine the authority of the head of State. Please we can only have one leader at any time and him being the president deserves the respect due to him. While they condem others as corrupt, they themselves are the worst culprits. We have too many of these organisations. Am not against freedom of speech neither am I against freedom of association, but lets do things for the good of all and not just for our stomachs. No wonder…
from 35. Even the word of God has said the destruction of the poor is their poverty. The poor in Zambia are subject to manipulation, the leaders of these organisation being the actual tools for that. There are deceiving the poor after been deceived by their masters. To do anything just to feel one’s stomach can be self destructing.
Attack the messege not the messenger.For arguement sake lets forget who is for and who is against the change of this particular Act.Zambians should learn to engage in intellectual debates free from personality attacks.In my opinion, 3 cardinal points need to be understood here:1.What was this ACC act meant to achieve? 2.Was it effective in achieving its intended objective? 3.Can it be made more effective?It doesn’t matter which side prof Hasungule or some law lecturer, that the Post has been quoting, has taken on this issue, an average person can assimilate this issue fairly well and make an independent judgement as to whether the change is needed or not.The word “remove” as being used by the Post is inappropriate bcoz the Act is simply being “fine tuned” to make it more effective.
Ummm, the politics of Zambia do have treacherous twists and turns. I hear that the Zambian civil service is quite large, 300,000 or more? This is a double edged sword. Looking at this matter from another angle, how many of these civil servants will be relieved and pleased by the removal of a law which made it criminal for them to sell tumalasha or run tuntemba on the side? I personally know civil servants who have struggled to put up a house for their families in this way while the better paid live in posh but rented houses. I have admired their sheer determination, no theft at all. And after that you want to question their resourcefulness and sacrifice, my foot! What say ye, civil servants? Or ye shall speak in 2011?
TIZ, you can shout your lungs off and campaign all you can, want and desire against His Excellency Rupiah Bwezani Banda. People who vote do not think much about you and other vuvuzelas. In fact you will achieve the opposite, by wooing voters to RB. Ask Sata and his campaign strategy in Mpulungu and the crowds that he pulled. We will not lose a wink of our sleep over useless vuvuzelas cum NGOs serving their pockets.
well,every one is right but not hikaumba,by the way is it leorndard i knew in2004.shame then a union member,one of the agents to our independence was unionism ,muleya ku ma proper universities to be more open minded.get down leornard for sanitary sake to civil servants.we are suffering mind you.when the AGM? this guy should just remain in ncc
2 dull skulls…homohabilis…atase…