Daily Nation Newspaper

THE EXECUTIVEA­NTI- CORRUPTION­AND POWER CONUNDRUM

-

T IHE President is perhaps the most coveted executive position or office in any country, whether it is referred to as Prime Minister, Chancellor or other executive titles as guided by the laws of that country.

Corruption typically occurs when people take advantage of loopholes within the system of government to make away with public resources. It T is is notoriousl­y hard for most complex peoand come punitive without ple apology to believe the highest that office the corrective. in the reason land. Enshrined for anti-corrupin and elThis is easier said than evated tion is by to the reform constituti­on, the it govcondone because government notes ernment the very system highest through of instituits­elf is the victim of cortional policy authority and action. conceived by law. ruption because it has lost

It is power.

Arrest and imprisonmo­ney and other resourc

Since 1964 our Constituti­ons

ment are only a necessary es belonging to the people.

have reserved a section aptly ti

end of the process for acYet we expect the same

tled “The Executive” which expands tual offenders on the height - a and strong depths government to respect the

per Article 33 (1) and (2) of the of reminder this most to unique obey office. the law. The human rights of those who

1991 Constituti­on. opening At its paragraph core, anti-corrupof this section allegedly abused office

In other words, the very idea of has tion always is not read a matter that “There of legshall and the rights of citizens.

President is incomplete if it does be acy a President creation, of but the a Republic normal of It not is a capture very difficult the President’s middle conZambia function who of shall government. be the Head of ground nection to and maintain. authority over the State...” Corruption typically administra­tion, To create balance legal framework be

occurs The 1991 when Constituti­on people amendtake tween and function these of two government positions, in all ed advantage that definition of so loopholes that it inexperts its sphere. have Even more, advanced the definiclud­es within and the immediatel­y system of govshows four tion of ideas President of how is only to complete con

the President as “the Head of the

ernment to make away struct once it captures an anti-corruption the President’s auGovernme­nt and the Commanderw­ith public resources. office thority or over department: the defence forces as a

1

in-Chief of the Defence Forces.”

Reform becomes necsworn The protector Universal of the nation Model and Secondly, they expanded the its people extent

is typified to the the of Inusing definition essary to also seal show those the loopincumb­y

force dependent where necessary. Commisbent holes as a and repository justifiabl­y or custodian take of

The second portion of the defiall to executive court those power who in the abuse country. sion Against Corruption

nition reinforces the first two These the system amendments for were personmove­d (ICAC) of Hong Kong. The

tenets but adds a veiled layer of from al gain. being It under is an the unending Functions presumptio­n of innocence

authority over the unseen and unof process the President needing in constant the 1964 ensures mentioned functions that the of the ICAC office. Constituti­on, check and to even becoming revision. part of achieves Every the amendment highest levels to the the In core fact, definition one of President the easas of Republican integrity Constituti­on in their work. since

iest ways to confirm if an Its core strengths are in..POLITICS VERSUS

One-party state, nay autocracy; and 1991 being the reintroduc­tion of democracy.

THE LAW

And yet for all this, there is one critical flaw in this Constituti­onal arrangemen­t of the Executive President. The history of our country at any given time is told by the incumbent.

If for example, the incumbent admires a given predecesso­r, they can name endless monuments after that predecesso­r. And the opposite is true; if the President in office dislikes one predecesso­r or more, it is easy to negate and altogether work to erase their legacy. There is no balance.

In the civil service, a President’s word is taken as a directive – an order needing only formalisat­ion for record. In the public sphere,

The law must also instruct

the President’s word, even loose

those who are at the forefront of combatting ly spoken can communicat­e the

corruption to undergo a mood, intention and direction of

public audit and show government.

1991 has kept these two core defiDemocr­acy in Zambia led by Dr. the sovereign. It is in the transient

what they have seized, It can galvanise, inspire or cause nitions of President. So, what does Frederick Chiluba have not been custodians of this office that we

how those properties or worry in the nation. This soft fricall this mean? recognised enough for legally place our hope in their fortitude

assets were acquired by tion works well for an incumbent It entails that if democracy is intransfer­ring power back to the to improve, protect and serve the

the accused and how they President, but this same soft fricdeed about people power, then the people. These tenets now rest in country in every respect possible

have been disposed. tion turns hard and combustibl­e 1991 Constituti­on did a good job at Article 90 and Article 91 (1) and – to lead the nation to a promised for an ex-President. reminding future Presidents that (2) of the 2016 Constituti­on. future. Let us conclude this way for their mandate came from the elecAfter 1991, the voter was no Therefore, if the President denow: that to overcome this comtorate. The 1991 Constituti­on witlonger a servant of the elected. rives positional authority from the plexity of the executive, which is nessed the rebirth of a people-cenElectio­ns were not anymore, a repeople, and if people constantly loyal only to the incumbent, there tric Constituti­on which honours petitive exercise to maintain the change, then incumbents must is need for us, in our Constituti­on the electoral process and the elecstatus quo. The President was not change. This reasoning was not to go further and synergise the retorate as the reason for the exisequal to an Emperor or King anyin the 1964 Constituti­on, let alone lationship between the President tence and purpose of President. more, they could be voted out. the 1972 amendment to become a

The Anti-Corruption Commission and voters, on one hand; and the

This is the first noticeable delibIt is out of this awareness that one-party state. government bureaucrat­ic strucare erate out shift rightly between perfect the 1964 but and or misled people now to freely state demand a series reforms we come Indeed, back every to reform. Constituti­on we POLITICAL

ture on the CASES other. what the 1991 they Constituti­ons. have in comThe 2016 of unfounded and that government allegation­s is compelled For have Zambia, had, has been the a Pubresult of an Hopefully, this will make a govmon Constituti­on are clear makes overarchin­g this critical or fallacies to listen and, that more importantl­y, lic Finance era of either Management hope or rejection. For ernment of the people through national note a preamble objectives of the that executive go wasted act. The over President 20 years is important of Act, 2018 instance, is one 1963-1964: of the best rejection of their vote, and of the people

Political cases beyond section, which extinguish­ing is important, or but the because courts’ it time. is here, we deposit our tools colonialis­m at our and disposal the hopeful to tranthroug­h government action; ulti

work was already done in 1991. hope in the incumbents to emsition to independen­ce and the arising from

obliterati­ng the accused. It is not surprising that combat corruption if we mately creating a President of the

The founding fathers of body and exemplify the dignity of birth of a new nation; 1972-1990: people’s power.

Their goals include imrelated cases refuse to educate the public and enmities or

proving investor confireach a conclusive end becorporat­es about this Act.

grudges are not

dence and participat­ion cause they were meant for It details how Govern

forced into the

from independen­t wings political mileage, not the ment enters into financial of government such as seriousnes­s of the courttrans­actions and actually courts of law.

parliament on a continual room. The two must be aligns State transactio­ns basis. distinctly separate. to actual national goals

 ?? ??
 ?? ??

Newspapers in English

Newspapers from Zambia