ACC Performance in 2009

1.0 Introduction
1.1 I am privileged and honoured to present on behalf of the Anti Corruption Commission a brief on the operation of the Commission for the year ending 2009.

1.2 It is gratifying to note that despite the challenges arising from the global financial crisis which greatly affected the operations of Government Ministries, Departments and Agencies including the ACC, we were able to record a number of achievements.

1.3 It is also encouraging that the year 2009 marked the beginning of the coordinated efforts towards enhancing the fight against corruption in Zambia through the National AntiCorruption
Policy (NACP) which was launched on 27 th August 2009 by his Excellency the President of the Republic of Zambia Mr. Rupiah Bwezani Banda.

2.0 The Commission’s Strategic Plan 20092013
2.1 The year 2009 also marked the beginning of the Commission’s five year strategic plan which runs from 2009 to 2013. The plan which was launched in January 2009 places equal emphasis on
corruption prevention, investigation and prosecution of those who engage in corrupt acts.

3.0 Implementation of the NACP
3.1 The National AntiCorruption Policy as you may be aware aims at harmonizing and coordinating the prevention and combating of corruption in Zambia and provides for the participation of all sectors, institutions and individuals in tackling corruption.

Although a draft Implementation Strategy of the policy has been developed and has been submitted to the Secretary to the Cabinet for approval. I wish to inform you that some aspects of
the policy have already started being implemented.

3.2 To this effect, in November 2009, the Commission in conjunction with the Commonwealth Secretariat conducted a workshop for twelve (12) Law Enforcement and Governance Oversight Institutions whose main objective was to buildcapacity in networking among the institutions and develop aframework in which this networking and coordination would be done.

3.3 The establishment of Integrity Committees in selected public institutions as a way of institutionalizing the prevention of corruption which started before the launch of the policy is also part of the implementation process of the NACP.

3.4 The implementation of this policy will however require the participation of all stakeholders if desired results are to be realised.

4.0 Legislative Review
4.1 The legislative review of the anticorruption laws with a view of strengthening them is critical if the National AntiCorruption Policy has to yield the expected results.
4.2 To this effect, the current Anti corruption Commission Act Chapter 91 of the Laws of Zambia is under revision and wide consultations have so far been undertaken to ensure that provisions in international conventions and protocols to whichZambia is party were included. A draft document was submitted to Ministry of Justice on 16 th November 2009 for consideration.

5.0 Dissolution of the Task Force on Corruption
5.1 In the same year under review, the government dissolved the Task Force on Corruption and all operations were transferred to the Anti Corruption Commission. The Commission has since then continued to pursue the cases which were under the former Task Force on Corruption and will do so to their logical conclusion.

6.0 Zambia’s Rating on the Corruption Perception Index
6.1 It is also encouraging to note that the Transparency International Corruption Perception Index (CPI) rating has over the years improved a lot. In 2005 the CPI score for Zambia was 2.6 and Zambia was ranked in the 10th category out of 60 positions. In 2008 year’s CPI, Zambia shared a score of 2.8 with five other countries and this score ranked Zambia in the
17th category out of 60 positions. This year, Zambia scored 3.0 in the 19th category out of the 66 positions.
This score shows that Zambia has recorded another slight improvement of 0.2
points from last year’s 2.8.

6.2 This improvement in the perception of the levels of corruption in Zambia can be attributed to a number of measures and activities that the Government, the Commission, and other
stakeholders have engaged in a bid to curb the scourge.
This improvement is also an indication that Zambia’s efforts in the fight against corruption are being recognized internationally.
6.3 The Commission therefore wishes to reiterate its appreciation of the support and commitment of all stake holders in the anticorruption fight without exception as this was their success too.
The Commission is certain that if all stakeholders remain dedicated to the anticorruption
fight supported by unwavering political will to the cause, more gains would be recorded in
future.

7.0 Overall Performance of the Commission in the year 2009
Allow me to now give you a report on the overall performance of the Commission during the just ended year.
7.1 Investigations
7.1.1 During the year under review, the Commission investigated a number of cases. Several arrests were effected and a number of cases brought before the courts of law where sufficient evidence was established. Administrative action was recommended to appropriate authorities where violations were established but the evidence did not meet prosecution standards. Some cases were also closed where allegations were not proven. During the year 2009, the
Commission received a total of 2073 reports, of which 658 were categorized as Corruption Complaints while 1415 were non corruption related complaints and were treated
as Information Received.
7.1.2 From the 658 Corruption Complaints, 290 cases were authorized for investigations while 368 cases were not authorized for investigations as they were deemed not to be pursuable and appropriate advice was given to the complainants while other cases were referred to relevant
authorities for appropriate action.
7.1.3 Out of the reports received by the Commission, 1416 were complaints against Government Officials, 544 were against officials in the private sector while 113 were against officials
in the Quasi Government institutions.
7.1.4 Let me therefore take this opportunity to thank members of the public for their continued and invaluable support in reporting cases of suspected corruption to the Commission as without their support, the Commission may not have made significant headways in curtailing the vice.
7.1.5 Meanwhile, the Commission recorded a total of 24 arrests for various offences of corruption in the same period under review.
7.1.6 The Joint Inquiry on Ministry of Health: As you may all be aware, during the same year under review the Commission unearthed a scam at Ministry of Health where billions of
public funds are suspected to have been abused by public officers. Following these revelations and due to the nature of the scam, a Joint Investigations Team was constituted
comprising the Zambia Police Service, Drug EnforcementCommission, and the ACC itself.
7.1.7 So far, various properties have been seized and a number of officials at the Ministry of Health and other private individuals were arrested and are currently appearing before the courts of law. Among the seized properties include Motor Vehicles, Houses, Farms and a Lodge. The process of valuing these properties has since commenced.

8.0 Prosecutions
8.1 During the year under review, the Commission secured Seventeen (17) convictions while eight (8) acquittals were recorded.

8.2 Some notable convictions include the following:
a) Former Zambia Air Force Commander Lt. General Christopher Singogo was convicted and sentenced to six years imprisonment with hard labour for abuse of authority of office and theft by public servant.
b) Former Lands Minister Reverend Gladys Nyirongo was convicted and jailed for four years for corruption.
c) Former Engineering Services Corporation Managing Director Raymond Mupela and Accountant Silverio Kenson were also convicted and jailed for five years for theft of K350 million.
d) Former Mukushi Council Secretary Rodger Musonda was jailed for two years for corrupt practices and forgery
e) A Senior Procurement Officer at Ndola Provicial Administration Office, Mary Nakavizya Sinkamba was also convicted and jailed for three years for corrupt practices.
As you may be aware, the convicted persons in some of these cases have since lodged appeals in the high court.

8.3 I wish to state that by close of the year, the total number of cases before the courts of law stood at 71.

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9.0 Community Education
The following are some of the Community Education Exercises that were undertaken during the year.
a) Lectures
During the year under review, the Commission conducted 85 lectures in both private and public institutions as well as Civil Society Organisations and over 6,413 people were reached.
Among the notable institutions where these lectures were conducted include all Zambia National Service Camps in Lusaka and surrounding districts, Regulatory Authorities, Ministry of Defence, Schools and Colleges, Zambia Police Service, Office of the President, and the Hospitality industry.

b) Community Outreach Programme (Markets)
The ACC extended its education programmes to markets around Lusaka. Under this programme, eight (8) markets with a total of 517 traders were reached. The markets reached include Lilanda, Tambalala (Balastone), Matero Main, George Compound, Buseko, Chainda and chelston. During interactions with the traders, a number of complaints visàvis
corruption and other related issues were received by the Commission. The matters raised are being dealt with by the ACC. Matters that did not directly concern the ACC have since relevant institutions for appropriate action.
c) Other Education Programme
In its continued efforts to build integrity in young people, the Commission has continued to establish and strengthen Anticorruption Clubs in schools as this is one of the major channels through which young people can gain knowledge on corruption essential for attitude change towards the fight against corruption.
The Commission also participated in several exhibitions such as Agricultural Shows, Africa Public Service Day, and International Anti Corruption Day commemoration.
10.0 Corruption Prevention
In its continued efforts to institutionalize corruption prevention, a number of prevention programs were designed and implemented by the Commission. Notable among them are as
follows:
a) Institutionalization of Corruption Prevention through
Integrity Committees
The Government through the ACC has continued with the institutionalisation of corruption prevention through the formation of Integrity Committees in 13 selected public service
delivery organisations namely? Road Transport and SafetyAgency, Public Service Pensions Fund, Zambia Police Service,
the Judiciary, Department of Immigration, National Registration Passport and Citizenship Office, Ministry of Lands, Lusaka, Kitwe, Livingstone and Ndola City Councils, Zambia Revenue
Authority, and the ACC itself. Notable progress in this area has been made and a number of anti corruption measures designed by the respective institutions in the form of Codes of Ethics, Service Charters and work process reengineering are being put in place. We are hopeful that this exercise will be rolled out to all public institutions by the end of the implementation of the NACP.

b) Enrolment of students at Evelyn Hone College? Zambia Enrolled Nursing (ZEN) School of Nursing and the monitoring of Grade 7, 9 and 12 examinations. The Commission has been
working together with the client organizations to streamline processes and procedures for purposes of enhancing transparency.
c) The Commission also continued sitting on various committees such as the Immigration Work Permit Committee and the Provincial Tender Committee for purposes of enhancing transparency and accountability.
I wish to mention that most these exercises are ongoing and so will be continued in 2010.
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10.0 Challenges
During the year under review, the Commission continued to face some challenges in its operations. Key among them being:
a. The need for the Commission and the Governance Secretariat to speedily conduct the Corruption Diagnostic Survey that will provide new data and information after the 2004 Governance
Baseline Survey on issues of corruption and governance in Zambia and enable timely and focused corruption interventions.
b. Financial constraints which mainly were as a result of the global financial crises greatly affected the operations of the Commission. As a result of this, a number of projects which the Commission intended to undertake did not take off.
c. Related to the above, some Integrity Committees had difficulties to carry out corruption prevention exercises due to limited
resources.
We are hopeful that in 2010, the Government will
consider providing adequate funding to institutions that have established Integrity Committees to cover their activities.
11.0 Conclusion
11.1 Distinguished Members of the Press, Ladies and Gentlemen the fight against corruption continues and it is winnable if we all
work as a united force.
11.2 In the current Strategic Plan, the Commission has repositioned
itself to further propel the fight against corruption in Zambia with a new vision ‘to be the lead institution of a broad sector alliance for combating corruption in Zambia.’ With renewed vigor we have started implementing the new strategic plan and the NACP and will execute our mandate for the benefit of all Zambians.
11.3 As for those who indulge in corrupt practices, they are warned. The ACC will continue to implement the concept of ‘no sacred cows’ in its investigations. We shall probe and prosecute the culprits regardless of who they are and without any selectivity.
11.4 Allow me to thank the Government and all Cooperating Partners for the financial and material support rendered to the Commission during the year without which the operations of the Commission would have been greatly hampered.
I thank you.

A paper presented by ACC PR Manager Timothy to journalists.

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