COLUMN
EDUTIMES
FIGHTING CORRUPTION IN ZAMBIA
C
orruption is one of the challenges in
Zambia and many countries around
the world. It is a crime that can de-
stroy individuals, communities and en-
tire countries. Corruption, which happens in
many ways and takes several forms, is mainly
caused by greed and dishonesty. Usually, the
starting point is when people start looking
only at themselves and their own interests,
above anyone else’s.
the Corrupt Practices Act and provided for the op-
erational autonomy of the Commission. This meant
the Commission was not subject to direction or con-
trol of any authority. The Act allowed the Commis-
sion to exist as a body consisting of the Directorate
(Operational Section) and Board of part-time Com-
missioners. This Act further enabled the Commis-
sion to represent the interest of the Zambian people
and protection of ACC staff and management.
•
The Anti-Corruption Act No. 38 of 2010 re-
placed the ACC Act No. 42 of 1996. Abuse of public
office and possession of unexplained property were
removed but conflict of interest, unlawful acquisition
of public property and declaration of gifts by public
officers were incorporated, among others.
•
The Anti-Corruption Act No. 3 of 2012 is the
current principal anti-corruption legislation in Zam-
bia. This Act brought back the abuse of office clause
and re-emphasises abuse of public authority of of-
fice to constitute an offence and defines misuse of
private funds or property as an offence under the
Act.
Meaning of Corruption
C
The results are very devastating and include in-
creased poverty, poor service delivery, widening the
gap between the rich and the poor, reduced quality
of goods, compromised rule of law and under de-
velopment. Once a person starts getting bribes or
engaging in corruption, it becomes a habit which is
difficult to avoid.
To avoid getting entangled in corruption, learners
must start training themselves to be selfless and
honest, at an early age. They should also learn to
respect other people and property which belongs ei-
ther to the government or other institutions. In ad-
dition, it is important for learners to work hard and
comply with school and home rules, as this would be
the beginning of a corruption-free life.
There are several benefits for a country with very
low levels of corruption. These include better so-
cial services, since members of the public will not
have to pay extra money to receive the services.
Improved public service delivery can also become a
reality because financial resources released by gov-
ernment will reach intended beneficiaries. Reducing
corruption can encourage people to follow the law,
rules and procedures, hence promoting fairness in
society. Other benefits include increased enjoyment
of human rights, which are important for all peo-
ple to live in harmony. Ultimately, a corruption-free
country can make available more goods and ser-
vices to its citizens and visitors, or other nationals
living in the country.
Background to the Fight Against Corruption in Zam-
bia Corruption is a criminal offence whose existence
has been widely reported since time immemorial. In
Zambia, the fight against corruption dates back to
the pre-independence era when Zambia was under
British colonial rule. The account below outlines the
history of the fight against corruption in Zambia.
•
Before Zambia’s independence, the Prevention
of Corruption Act of 1916 was used to fight corrup-
tion. This law was put in place by the British Govern-
ment and it applied to all its protectorates or colo-
nies.
•After Zambia gained independence in 1964, the
Penal Code, CAP 146, Section 10 contained the first
anti-corruption provisions in Zambia. This law only
covered corruption offences relating to public bodies
and public officers (Government Workers). It was
enforced by the Zambia Police Service.
•The Corrupt Practices Act No. 14 of 1980 provided
for the establishment of the Anti-Corruption Com-
mission (ACC), as an independent institution with
exclusive focus on fighting corruption. It expanded
the definition of corruption to include private organi-
sations. Under this law, the Commission was report-
ing to the President.
•
The repealed ACC Act No. 42 of 1996 replaced
4
orruption is generally under-
stood to mean giving some-
thing of value to someone in
exchange for a favour. It is also
defined as the misuse or abuse of
public office for personal gain. The
Anti-Corruption Act No. 3 of 2012
defines corruption in the following
ways:
Giving or receiving of Gratification: soliciting, ac-
cepting, obtaining, giving, promising and offering of
a gratification by way of a bribe or other personal
temptation, inducement or reward. Gratification is
a corrupt payment which is given to induce or re-
ceive a favour and may include money, property and
sexual favours, among others. Both the giver and
the receiver of a gratification commit an offence,
except in the case of a casual gift. A casual gift is
any conventional or commonly accepted unsolicited
gift which is of modest value and is not connected
to performance of duty. For instance, a person may
give a friend a birthday gift or a person in a village
office may involve public officers engaging in acts
which are against the interests of the State and cit-
izens. This may involve a Public Officer not declar-
ing or disclosing interest in matters they are dealing
with or making decisions on, which are against the
regulations, in order to obtain personal benefit.
Unexplained wealth for public officers: Possession
of unexplained property by public officers. This may
involve a public Officer having wealth or maintaining
a standard of living which is not equal to their per-
sonal emoluments or earnings.
Distribution of unauthorised materials: during elec-
tion time, materials such as money and foodstuffs
are not supposed to be distributed by candidates
and their supporters to the electorate. It may also
involve buying voters’ cards. Only campaign mate-
rials like posters, fliers and T-Shirts bearing party
messages, should be distributed during elections.
This offence is provided for in the Electoral Act.
Corruption Offences
The following are some of the examples of corrup-
tion:
•
Solicitation or asking for bribes or gratification,
in order to provide services such as issuance of driv-
ers licences, national registration cards, police bond
and school places.
•
Corruption in kind may involve asking for sex-
ual favours by people in authority, in order to give
favours.
•
Unreasonable delay, omission or refusal to
perform duties by a Public Officer in order to force
someone to pay a bribe, for example, to issue per-
mits, licenses, certificates or payments for works
done.
•A Public Officer sitting on a procurement commit-
tee, failing to declare interest when the matter un-
der consideration or discussion relates to his private
business or that of his or her family members or
associates.
•Illegal, fraudulent or unlawful acquisition, diversion
or disposal of public property or funds. For example,
illegal use of government motor vehicles by public
officers is an offence.
•Wilful failure to comply with procedures relating to
the management of public affairs. Bribes with regard
to contracts or buying of goods, works and services,
for example, issuance of completion of work certif-
icates for incomplete or poorly done works or proj-
may give their local chief a bag of maize as a casu-
ects such as construction of health centres, schools
al gift or homage. A Bribe is anything valuable, for
and roads.
example money or property given to someone in
exchange for a favour. A reward is anything valuable
•Being in possession of unexplained wealth, for ex-
given to someone in appreciation of a favour.
ample, a worker in a government institution pos-
nlawful handling of public sessing money, property or other resources which
property or resources: Illegal are beyond his or her salary and other official pay-
or unlawful acquisition, diver- ments.
U
sion or disposal of public property
or resources. This may involve ille-
gal use or sale of public property.
Abuse of public office: Misuse or abuse of public
•Having property such as houses and cars and living
a lifestyle which is beyond a government worker’s
salary or other official payments.