Public officers must declare assets before assuming office, court told

CHAPTER One Foundation has argued that all holders of public office must declare their assets before assuming office to find out whether their financial dealings are in conflict.

This is a matter where the Non-Governmental Organisation (NGO) has asked the Constitutional Court to clearly state whether article 263 of the constitution which provides for public officers to declare their assets upon assuming office and after leaving is in conflict with article 261.

Article 261 requires that a holder of a public office must act within the code of conduct and ethics prescribed for that office by statue.

It cited the Attorney General as respondent in the matter.

When the matter came up for hearing yesterday , Chapter One foundation executive director and legal counsel Linda Kasonde argued that declaring assets before or after leaving office would result in a lack of accountability as it cannot be known what they gained while in office.

Ms Kasonde contended that the provisions of Article 263 are stated in the alternative and it is that the declaration of assets should be made either on assuming or upon leaving office, a situation which would lead to an absurdity.

She stated that Article 8 (e) provides for national principles of good governance and integrity and prayed that the court considers their application in order to promote accountability in public office as promoted by Article 269 of the constitution.

However, State Advocate Ms Mundia contended that there was no conflict between Articles 261 and 263 of the constitution saying the Articles complement each other.

She argued that Section 10 of the Ministerial and parliamentary code of conduct is a detailed compliment of Article 261.

She urged the court dismiss the petition.