What TIZ said on disbanding the Task Force
PRESS STATEMENT ON THE DISBANDING OF THE TASK FORCE ON CORRUPTION BY GOVERNMENT AND STATEMENT FROM HON. GEORGE KUNDA ON TRANSPARENCY INTERNATIONAL ZAMBIA
DATE: SUNDAY, NOVEMBER 1, 2009.
Transparency International Zambia (TIZ) has received the news of the disbanding of the Task Force on Corruption with mixed feelings. . Firstly, while we have consistently called for an appropriate legal mandate for the Taskforce, we think that the decision to disband the Taskforce has been hastily done and could have negative consequences for some of the corruption cases still before the courts of law or allegations still under investigations. Secondly, we find the timing of the decision to be peculiar – i.e. it comes immediately after the acquittal of former President Frederick Chiluba.. It can easily be construed that the purpose of this move is to completely kill off the outstanding investigations against Dr. Fredrick Chiluba. We all know that some Ministers and the Republican President Mr. Rupiah Bwezani Banda have clearly come to the defence of Dr. Chiluba and questions can be raised on whether the ACC will be given room to independently investigate someone who seemingly is under presidential protection.
Having worked closely with the Anti Corruption Commission in the past years, we understand their financial, human resource and technical constraints to handle high profile cases. While the ACC has been given additional responsibility, Government has not indicated the support it will provide to the institution to improve their capacity. In the absence of such support, we question the rational for disbanding the Taskforce. It would have been appropriate in our view for Government to have strengthened the capacity of the ACC before making this transition. It has been a well known fact that the tenure of the Taskforce was limited and plans should have been put in place a long time back to ensure a smooth transition. It cannot be disputed that the Task Force on Corruption has scored a number of successes and has recovered several assets and therefore – whatever decision is made on the way forward – should be one that builds on this success. It is our considered opinion that Government should have evaluated the work of the Taskforce before disbanding it in this fashion. This would have allowed Government to pick out lessons and appreciate the impact of the work of this entity. The move to simply make the Taskforce a department of the ACC does not inspire confidence that Government has thoroughly thought through this decision. For instance. it is common knowledge that the Task Force on Corruption was an administrative arrangement comprising officers from the Anti Corruption Commission (ACC), the Office of the President, Drug Enforcement Commission and Police Service and it is practically impossible to transfer officers from these other wings to a Department at the ACC The move which the government has taken has undoubtedly added to their efforts of killing the fight against corruption and departing from the late Dr. Levy Mwanawasa’s legacy of fighting corruption.
As we conclude, we would be failing in our work if we did not comment on what his Honour the Vice President and leader of Government Business, George Kunda, SC said in the house when he was debating the disbanding of the Task Force Against Corruption and went further to attack us.
It is important to note that the Vice President spoke about us as a leader of government business in parliament. The Vice President accused TIZ of using the fight against corruption for monetary gain. The Vice President in his speech to Parliament said:
“There are organizations such as Transparency International Zambia, they get money from outside…They earn a living through the fight against corruption,……….Yes, they make statements. They are not constructive. The way NGOs should be working is to engage government,…….. The problem with Transparency International ……, it is because it is very difficult for us…to differentiate between a political agenda and the fight against corruption.”
We have taken time to study what was said and there is every indication that the Vice President and learned Minister of Justice deliberately elected to abuse his parliamentary privilege to make damaging allegations against Transparency International Zambia even without providing evidence to corroborate his allegations. We find it unfortunate that the good name of Parliament is being dragged in the mud – on account of such statements made under the cover of parliamentary privileges. Transparency International Zambia, has generally enjoyed a cordial relationship with the National Assembly and we have always cooperated when summoned to appear before portfolio or select committees because we believe in the important role that the Legislature plays in our democracy. The National Assembly is the seat of the people’s representatives and as an organization, it is our philosophy to work with the Members of Parliament in the best manner possible.
The unsubstantiated allegations by the Vice President who is also a Leader of Government Business in the house, is a sad turn of events. However, we do note that in the last few months, some of the members of the front bench in particular have used their positions of authority and privileges to attack institutions that they fully know are not in the house to defend themselves. We remember very well, the attack made by the Minister of Information and Broadcasting Services on the Catholic Church –his debate was allowed despite the fact that the Catholic Church had no platform to defend themselves. To date, Hon. Shikapwasha has neglected to either substantiate his allegations or apologise for his statement. Other Ministers including some Members of Parliament have attacked the private media especially the Post Newspapers for its critical position on a number of matters. Today, it is the Vice President making allegations against TIZ – knowing fully well that he has no solid foundation for what he is saying. For Hon Kunda, this is not the first time that he has used the House to attack Transparency International Zambia. In 2006, following the launch of our Book – Show Me the Money- Hon Kunda as Minister of Justice then – made disparaging remarks about Transparency International Zambia. At the time, we ignored the remarks hoping that the Minister of Justice would soon realize the folly of attacking organizations who were not there to speak for themselves. However, this time around, it is clear that Hon. Kunda has made it habitual to attack TIZ – an organization he seems to have a problem with. It is ironical and a question of doublespeak that on the same day when the Vice President made these allegations against TIZ, he was counseling Members of Parliament against attacking the President without adequate facts and lowering the standards of debate in the House. Now, surely, is the Vice President saying it is right for him to attack organizations without adequate facts?
This situation is baffling in that the Vice President occupies a distinguished position of power and if at all he has any inkling of wrong doing in the work of Transparency International Zambia, he can institute investigations through the law enforcement agencies. In fact, we stand ready to provide him all the necessary information about our operations, and thus help him not to mislead the National Assembly. It is unfortunate that Hon. Kunda has not bothered to find out the basic information about Transparency International Zambia as evidenced by some of the statements he has made on the organization. Transparency International Zambia was established in early 2000 and formally registered as a Company limited by guarantee in June 2000. We started operations almost one year before the end of the term of office of former President Frederick Chiluba. We therefore ask the question- how possible is it that donors facilitated the formation of TIZ alongside the Taskforce on Corruption which was only established in 2002? With a little bit of due diligence, His Honour would have gathered these basic facts about us.
Honourable Kunda intimated in his statement in the house that TIZ has been using the fight against corruption for financial gain- we find this statement, to use his own words, mere politicking. We want to remind him that the corruption that we are fighting is one where some senior Government leaders through their newly registered Construction companies, corruptly obtain government contracts. The corruption that TIZ has fought over the years and continues to fight- is one where Food Suppliers inflate invoices for payment in order to benefit some political parties, and the corruption that we fight is one where public procurement has been compromised and contracts are awarded to companies without following laid down tender procedures. The corruption we fight includes the abuse of public office where Government officials including very senior Government leaders fail to retire imprest despite existing laws. This is the corruption that we tackle every day – and the question for Hon. Kunda is what corruption is he fighting? Maybe by the time Government seriously starts fighting corruption, they will realize our immense contribution in this area. We believe in principled action and whether the Vice President likes it or not- we will never turn ourselves into Praise singers – yes we will generously give credit where it is due and similarly, we will not shy away from rendering our views on what we think is not working well in the fight against corruption. We live by the same maxim and we are ready to accept criticism of what we are not doing well but not mere allegations. We implore Hon. Kunda to take wise counsel from the distinguished writer and teacher on Leadership – John Maxwell who states –“As a leader- listen to the whispers and you won’t have to hear the screams.”
The statement in the house is surprising because while the Vice President was making allegations against TIZ, the National Assembly was inviting us to go and appear before a Parliamentary Committee. While the Vice President, seems not to see what we do as an organization, he did invite us to serve on the National Governing Council of the African Peer Review Mechanism-we obliged to serve because we believe in this country and we are prepared to make a meaningful contribution to the peer review process. Further, TIZ, in a spirit of constructive engagement serves on the Steering Committee of the Millennium Challenge Account under the Ministry of Finance and National Planning. TIZ chairs the Multi-Stakeholder Group of the Construction Sector Transparency Initiative – a project under the Ministry of Works and Supply and finally, TIZ are represented on the Zambia Council for the Extractive Industries Transparency Initiative anchored by the Ministry of Mines and Mineral Development. With this in mind, at what point, did the Vice President realize that TIZ just makes statements and has a political agenda?
In going forward, Transparency International Zambia, would like to implore the Speaker and the Committee on Privileges, Absences and Support Services, to take notice of this growing trend of abuse of freedom of speech by Members of Parliament which comes with the parliamentary privileges. Secondly, we challenge the Vice President – not to hide under privileges and repeat these allegations outside National Assembly. On our part, we will seek every legal option to clear our name and we have instructed our Lawyers to pursue this issue to its logical conclusion. Further, we are seriously reconsidering our participation on the various bodies where we serve – because clearly, Government has no respect for civil society in general and TIZ in particular.
Reuben Lifuka
TIZ CHAPTER PRESIDENT
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Volcanologist
You are exhiting double standards on George Kunda…In your blog you write:- “and it’s unfortunate that he attacked TIZ at Manda Hill and TIZ was not there to defend themselves. The fight against corruption was started by Zambians and we wanted political involvement and our late president heard our plea”.
Now when you read parliamentary records, what did George Kunda say in parliament on the legal way forward to try Chiluba? If you have forgotten, Kunda begged that Chiluba be heard by a committee first before removing his immunity. But what did MADMAX Levy do? He was one of those in the crowd that was crying for Chiluba’s crucifixion. Today you are crying foul that TIZ was not given a chance to be heard at Manda Hill? But Kunda knows that is your style of doing things so he was just giving it back to you the same way Chiluba was treated… What’s good for FTJ must surely be good for TIZ and vice versa.
Reading TIZ article, i find it very informative and without hate on the acquital of Chiluba but abiding to law of the land. You can not have laws for the elite and poor in a nation. The disbanding of the Task Force is questionable and not done in good faith. What Bwezani Banda has done is to compromise the fight against corruption and protecting Chiluba. The utterances by George Kunda, Veep make sad reading and its unfortunate that he attacked TIZ at Manda Hill and TIZ was not there to defend themselves. The fight against corruption was started by Zambians and we wanted political involvement and our late president heard our plea. The late president was in government when we removed UNIP and he saw how MMD and Chiluba started plundering our resources with impunity and without remorse. I get upset with the negative shown by some of the bloggers claiming that there is no lengacy to protect and shower all sorts of claims to justify the claim. This just shows that we do not and never appreciated the legancy of our late president. He joined us in the fight against corruption when we all realised that Chiluba took so much from our treasury and lots of pipo lost life or were made vulnerable. TIZ was not founded to fight Chiluba and his thieving team but on the principle of transparency, accountability and good governance. Good leadership must flourish on those principles. Zambia is for us all and not a few. It saddens me that we too the pipo of Zambia enjoy bad leadership for unknown reasons. Its unfortunate that TIZ is being judged based on irrational reasoning by our leadership and Kunda. As Zambian we need to rally behind institutions which promote the tenent of democracy if the benefits of are to be enjoyed by all Zambians. It hates to see that the gap between the rich and poor keeps on growing and its the poor who feel the blunt. TIZ must be supported and leadership of oppression like what we are seeing today must not be allowed. Zambians, this is our country and there will be no another Zambia.
He came from St Clemens fimo fimo and studied for B.Architecture (CBU) admitted into School of Environmental Studies (SES) at UNZANDO in 1987 to 1992( By then changed to CBU). Typical Bemba boy was mistreated by some Lozi boss at National Commission becoz the boss thought the he was from his tribe only to discover that he was a typical over amboitious Bemba chap…… Cool down boy and dont overdrivvvevevevevev
Mr. Lifuka, what do you say about this BBC report from your masters own coutries?
EU fraud: a billion dollar bill
A new report by the European Commission’s anti-fraud unit says the European Union lost a billion dollars last year through crime and corruption.
Cigarette-smuggling alone deprived member states of hundreds of millions of dollars of duty.
Other major smuggling operations involved alcohol and olive oil.
In one case of corruption within the Commission, an official was sacked for receiving kickbacks from companies to which he gave contracts.
But the EU’s budget commissioner, Michaele Schreyer, said there had been some success in tackling organised crime.
The commissioner responsible for reform, Neil Kinnock, also published what he called a “whistleblower’s charter” offering guidelines for EU employees wishing to report suspected fraud.
Tax evasion
“Criminality cannot be brought down to zero,” Ms Schreyer told a news conference in Brussels.
“But we cannot tolerate tax evasion, customs fraud or taxpayers’ money disappearing into the pockets of individual criminals and international organised crime.”
The report said the Commission had investigated more than 5,000 cases of suspected fraud, and that its suspicions had been borne out in one in five cases.
It said the Commission had managed to persuade authorities in the tax haven of Andorra, near Spain’s border with France, to stamp out rampant smuggling of cigarettes into the EU.
This is estimated to have saved the EU 75 million euros in lost customs duties in 1998, along with 300 million euros in VAT and excise duties.
Whistleblowers’ charter
The report also said that the Commission had uncovered a systematic diversion since 1991 of large amounts of subsidised beef to Iraq, in violation of a UN embargo.
In a serious case of alcohol smuggling, a big crime syndicate diverted 1.5m litres of contraband from the EU to Eastern Europe, some of it falsely declared to be tomato sauce.
Anti-fraud officers are currently investigating allegations of corruption within the EU office in Stockholm.
Mr Kinnock said his “whistleblowers’ charter” would foster transparency and assert the need for accountability.
“I have long held the view that conscientious and responsible whistleblowing in public and private sector organisations is necessary and justified,” he said.
Mr Kinnock was one of only four commissioners re-appointed to the new European Commission after a whistleblower’s revelations of cronyism and corruption led to the resignation en masse of the former Commission in March.
He said the new charter would provide better safeguards to protect whistleblowers’ careers.
Earlier this week a report by the European Court of Auditors said that the European Commission had misspent about five per cent of its budget in 1998. It noted weaknesses in accounting systems, and other management problems.
After publication of the report, the Commission’s spokesman, Peter Guilford, said the new EC president, Romano Prodi, was sweeping a new broom through the organisation.
BBC Report Archives.1999 November 19th
Lifuka:
Rueben Lifuka, Africa Dialogue, Africa
What background in Architecture is this Lifuka talking about? Its either you are a fully graduated Architect or you are a Technician or just a bum. Which University did you go to? I have never seen your name on the Register of Architects in Zambia. The rest are pieces of paper for one day courses/seminars-we call them attendance certificates… What post graduate certificate in Project management are you talking about? Emphasis in what? Process Management? Human Management? or NGO Management or even TIOZ management!!!!Just Goes to show why you are now with TIZ because you have nothing solid to stand on. An educated professional Industrial Architect cannot opt for NGO work leaving such a highly paid job. You are disgracing the well meaning Architects in Zambia. You can fool some people…not all the people…
Do any of our leaders live in the real world? ngo’s feel they think and act for the masses while serving their on interests with armchair analysis. when chiluba was acquited they came up with a honking campaign, i wonder if any of them honked! were they with us during the legacy, or were they just living in their own worlds. most of todays cabinet are remnants of the legacy cabinet, can they all have changed overnight? the task force was an organisation that was slow and wasteful on resources, if the system
Rueben Lifuka, Africa Dialogue, Africa
RUEBEN LIFUKA has a background in architecture and worked at the National Heritage Conservation Commission before establishing his own Environmental and Project Management consultancy firm (Riverine Consulting) in 1997. In 2003 he established a second company, Dialogue Africa, which focuses on performance management and personal development. Lifuka undertook post graduate studies in Project Management at Cambridge University, UK, and is currently pursuing an MSc in Integrated Environmental Management via distance learning from the University of Bath.
Alongside his work as an entrepreneur, Rueben has been very active in civil society and development work. In 1998, he joined the Zambia Association for Research and Development – ZARD – which leads gender research in Zambia. In 2005 he was elected Board Vice President for Transparency International Zambia, and he is also a Board member of the Citizens Forum – an interest group pushing for constitutional and governance reforms in Zambia. In addition, he is a founding member of the Civil Society for Trade Network Zambia, a research and advocacy network on matters of trade and development.
The problem is he is not being truthful with his soul. He is lying and using the non-existent LPM legacy to continue receiving money at the expense of Zambians. He better concentrate on his Architectural Practice and make money quietly than use falsehoods to get donor money into his pocket…
“Further, we are seriously reconsidering our participation on the various bodies where we serve – because clearly, Government has no respect for civil society in general and TIZ in particular.”
GOOD RIDDANCE!
No way Sata says, Chiluba stole and he must be sent to jail. For Banda Bwezani, the law will catch up with him.
The problem is he is not being truthful with his soul. He is lying and using the non-existent LPM legacy to continue receiving money at the expense of Zambians. He better concentrate on his Architectural Practice and make money quietly than use falsehoods to get donor money into his pocket…
The reasoning of some people you may wonder.What wrong has Rueben done in providing checks and balances to govt who are sitting on a lot of tax payers money?
Why is TIZ insisting that RB or Govt had a hand in the court’s acquital of FTJ. Why can’t TIZ prove this allegation!. prove how..Simple. I would advise TIZ prove their worth by speaking out against Sata’s corruption during his time in UNIP, MMD and now in PF. It is wrong to base the funding of TIZ on fighting FTJ and now you are scared that the money will dry up as the FTJ case is no more…. surely you cant just make a man’s life so horrible for 10 years. It there is a person to be blamed its thethief lawyer Nchito and his cronies who totally failed to prosecute. They want to continue making money using FTj’s name. Shame!RB will not allow a few criminals ( mmembe, nchitos,nkole et al) to hijack the national institutions for their selfish ends.RB SORT THEM OUT!
The only question to ask Lifuka is: – How does he fund his organization? Does it create money locally or somebody donates money to it from overseas and if so from where? If the later then I am afraid TIZ is not transparent!!! It’s influenced by whoever the Donor it is.TIZ follows the wishes of the donor of the funds. Until Lifuka is able to generate his own funds and be his own boss like me and many other Zambians who labor day and night to put food on the table, I shall not have time to waste on such leaches! Empty tins so they say. Zambia cannot fold today because there is no TIZ even if all the donors left, they will come back through the back door. Look at Mugabe, Kabila, Kagame, Kibaki, Museveni, Zuma and many other leaders, they have survived the so called onslaught of the donors!!! Lifuka benefited from Chiluba trials, it kept his job with his master’s voice. He says we are leaving Mwanawasa’s Legacy? What Legacy is this? Only a foolish man can see any sensible Legacy from Mwanawasa’s era. Zambian Airways and National Airports let off? What of the letters he was writing on behalf of Indians to demand and extort money from Zambians? How about the Ministry of Health story in whose legacy did it happen? How about ZNOC, TST, Mathani scandals, ZANACO sale? KCM sale at US$25 Million? The Chinese US$10 million windfall gift to the party MMD that never arrived at the MMD? You call this a legacy we must follow? Don’t think we don’t know you stupid idiot. These are the boys that must be moved out from our society. They are like coacroaches.
TIZ contribute data to Transparency International and this ranks Zambia as one of the most corrupt countries in the world. Naturally, if the ‘patient’ is very ill, the doctor can justify the high cost of care to charge to the patient! If these NGO’s really want to get rid of corruption, they should be educating the masses. Sitting in their high offices in Lusaka and criticising government policy will never solve the problem. Opposition politicians will criticise policy. It is not policy that is corrupt, neither is it government! It is individuals, individuals who constitute government in particular and society in general who are corrupt. KK is arguably a man of greatest honour and integrity, but his leadership did not get rid of corruption. Perhaps it is not TIZ’s intention to correct the problem. The sicker Zambia is, the more donor funding such organisations receive! Mr Lifuka would have nothing to do if there was transparency. Oh! What a tall order! Is there any government in the world that is ‘transparent?’ I understand that heaven is!
This is totally misleading. The Task Force on corruption was instituted to investigate and prosecute the alleged ‘matrix of corruption’ under Chiluba’s reign. That and that alone was its mandate. Every case that the Task Force has brought before the courts has been related to Mr Chiluba’s government. One reason why the USA failed to prevent 9/11 was the disjointed approach to terrorism by the security wings. Since the amalgamation under the home security department, there has been no major terrorist incident. It is important to pool resources in the fight against corruption. Many have asked why the ACC which has always been around failed to bring these cases to book. The answer lies in the very nature of the ACC as previously constituted. The ACC only acted on a complaint passed to them. That is the weakness. Kapoko would not have been found out and prosecuted had there not been a ‘complainant’ (whistle blower). The former SITET would have been better placed to deal with Chiluba because it only acted on prima fascie evidence that someone was living beyond his means! Most of the political leaders in Zambia today, including the late LPM, were part and parcel of the MMD that disbanded this legal entity! Mr Sata says that he only wanted to have the ‘Task Force legalised.’ What kind of statement is that? If the TF is not legal, how then can it prosecute its cases? This is an interesting situation that must be tested in law. Could it be that because Dr LPM was a senior lawyer, everyone accepted whatever he did without question? It could also be that we were so anti-corruption (against Chiluba et al) that we did not care as to the legality and cost of the process that would prosecute them. The civil case against Chiluba et al was brought to the London High Court and prosecuted by the Attorney General! Why didn’t the Attorney General, who supervises the DPP, over rule the DPP in appealing the Chiluba acquittal? The AG and DPP did go against the grain in the Dora Siliya case, but why now would they be on the side of the executive, unless there were real important and legal reasons to do so? The Task Force has outlived its mandate. What remains now is to sue the cases that remain through the re-constituted ACC. There is need for this to incorporate a ’serious fraud’ and ‘anti-money laundering unit.’ These were not present in the old ACC. Zambia may never be able to recover the money that the real culprit Attan Shansonga stashed away in the Cayman and other Carribean islands! Who knows, RP capital may have Shansonga’s money in it!
TIZ you are not transparent hence the accusation. If you are can you prove that the acquital of FJT was influenced by Rb or government as you insunuate. Secondly prove to us the Zambians of what the Veep said against you in parley. I ask this about TIZ coz of the statements they been making over FJT’s acquittal were and are no where near transparence. And for once please let us not talk about the legacy of fighting corruption which was targeted at a few individuals in the FTJ’s gvt. If the legacy of fighting corruption was for all periods then we can say there’s a legacy in that direction. The task force was and it is just a drain on our resources. If the TF was meant to fight corruption in the FTJ’s gvt and all the gvts to come later then I would say we needed it but coz it was directed at some poeple then away with it and let the legally mandated body take over so that there’ transparency!
Iwe ka reuben
just join the PF or Go hung. No one cares
Yaba ba Kunda naba Mwanamwambwa, just respect yourselves as days are numbered.