CHAPTER One Foundation has lodged a complaint to and asked Chief Justice Irene Mambilima to institute a tribunal to probe 40 ministers including Speaker of the National Assembly Patrick Matibini for failure to declare assets and liabilities between 2016 and 2020.
In the letter dated January 13, 2021, and signed by executive director Linda Kasonde, Chapter One Foundation took notice that annual asset declarations made in accordance with the Parliamentary and Ministerial Code of Conduct, Chapter 16 of the Laws of Zambia are submitted to the Chief Justice’s office and kept on a register that members of the public could inspect.
“We inspected the said register on the 9th of December 2020. Arising from the inspection, we wish to complain of non-compliance in respect of the members listed in the annex of non-compliance to section 10 of the Parliamentary and Ministerial Code of Conduct attached hereto and seek your ladyship to institute a tribunal pursuant to section 13(1) and (3) of the Act,” reads the letter seen by The Mast.
“The relevant parts of section 13 of the Parliamentary and Ministerial Code of Conduct states as follows: 13. (1) An allegation that a member has breached part II may be made to the Chief Justice by any person, in writing giving particulars of the breaches or breaches alleged, signed by the complainant and giving the complainants name and address. (3) The Chief Justice shall [emphasis ours] notify the President and the Speaker of the allegation and shall appoint a tribunal in accordance with section fourteen to investigate the allegation. (4) The tribunal shall, within forty-five days after its being appointed, submit a report on its findings to the President and to the Speaker and shall furnish a copy to the Member concerned.”
Chapter One Foundation said failure to comply with the requirements of the code of conduct seriously falls below conduct expected from members of the legislature holding portfolios meant to lead the country diligently.
It noted that according to section 10 of the Parliamentary and Ministerial Code of Conduct, an officer is required to submit to the Chief Justice annual declarations of their assets, liabilities, and income.
It said section 10(2) provides that an officer shall within 30 days after his appointment; and within 30 days after each anniversary of his appointment to the office concerned submit to the Chief Justice an annual declaration of assets, liabilities and income.
“An annual declaration shall fairly state – (a) the value of the assets (other than personal and household effects) and liabilities of the officer as at the declaration date and (b) the total income of the officer, together with his income from each source for the twelve months preceding the declaration date,” reads the letter.
Chapter One Foundation said the officers were expected, in mandatory terms, to state fairly the value of their assets, liabilities, and the total of their incomes together with their income from each source.
It said the members listed in the scheduled had not complied with the legal requirements as they had not stated the value of their assets, liabilities, their income, the sources of their income and their income from each source to the standard required by section 10 of the Parliamentary and Ministerial Code of Conduct.
“We therefore seek an investigation into these breaches by way of section 13(3) of the Parliamentary and Ministerial Code of Conduct Act and that a tribunal be instituted,” reads the letter.
The ministers involved are Davies Chama (defence), Lawrence Sichalwe (chiefs and traditional affairs), Ronald Chitotela (tourism and arts), Lazarus Chungu (Northern Province), Sydney Mushanga (Central Province); Charles Banda (local government), Godfridah Sumaili (religious affairs), Michael Katambo (agriculture), Stephen Kampyongo (home affairs), Speaker Patrick Matibini, Matthew Nkhuwa (energy), Elizabeth Phiri (Gender), Nathaniel Mubukwanu (North Western Province), Dora Siliya (information minister and chief government spokesperson), Jean Kapata (lands), Joseph Malanji (foreign affairs), Olipa Phiri (Office of the Vice-President), Dr Chitalu Chilufya (former health minister), and Alexander Chiteme (national development planning).
Others are Emmanuel Mulenga (sports), Kampamba Mulenga (community development), Bowman Lusambo (Lusaka Province), Mutotwe Kafwaya (transport and communication), Christopher Yaluma (commerce), Professor Nkandu Luo (fisheries and livestock), Bwalya Ng’andu (finance), Brian Mushimba (higher education), Sylvia Chalikosa (works and supply), Joyce Nonde-Simukoko (labour), Freedom Sikazwe (presidential affairs), Vincent Mwale (housing and infrastructure), Makebi Zulu (Eastern Province), Edify Hamukale (Southern Province), Richard Kapita (Western Province), Nixon Chilangwa (Luapula Province), Dennis Wanchinga (general education), Dr Jonas Chanda (health minister), Japhen Mwakalombe (Copperbelt Province), and mines minister Richard Musukwa.
In a statement confirming the development, Chapter One Foundation stated that accountability, transparency, and respect for the rule of law were central tenets of democratic governance.
“It is for this reason that Section 10 of the Parliamentary and Ministerial Code of Conduct Act Chapter 16 of the Laws of Zambia states in mandatory terms that any person holding a ministerial and/or other specified public office must make annual declarations of their assets, liabilities, total income, and the sources of their income,” reads the statement. “These declarations are to be entered in a register which is under the custodianship of the Chief Justice of the Republic of Zambia and which register may be inspected by members of the public.”
Chapter One Foundation noted that while the standard of declarations was clearly spelled out by the parliamentary and ministerial code of conduct Act, several public office holders who were obligated to make declarations had either made inconsistent declarations that did not comply with their statutory mandate or had not made any declarations at all since their appointment to public office.
“The failure of public officers to make declarations of their income and the sources of that income to the standard required by law is a breach of their statutory duty,” reads the statement. “In this regard, Chapter One Foundation has made an official complaint to her Ladyship the Chief Justice of the Republic of Zambia citing the ministers who have been non-compliant and requesting that an investigation be launched into these breaches by holders of public office.”
Chapter One Foundation commended justice minister Given Lubinda for consistently making declarations to the standard required by the law.
“Chapter One Foundation urges holders of public office to abide by the standard to which the law holds them and make declarations that comply with the provisions of section 10 of the parliamentary and ministerial code of conduct Act. We remain committed to protecting the Constitution and the rights of Zambians to demand accountability and transparency in the governance of their country,” stated Kasonde.