Task Force on Corruption Chairman Maxwel Nkole has said there is no legal instrument under the hand of the president constituting the Task Force.
The Task Force has been grabbing property including these shoesMr. Nkole told the court Tuesday that there is also no legal instrument which provides that the mandate of the Task Force shall be to deal with cases of corruption .
Mr. Nkole made the announcements during the ongoing matter where Defunct directors of Access Financial Services Faustin Kabwe and Aoron Chungu have applied for judicial review in the High Court, seeking an order to quashthe decision by the Task Force requiring them to attend interviews at Woodlands Police Station in connection with allegations of theft of US$149,000 and K226 million.
The duo applied for judicial review in the matter pursuant to Order 53 Rule 3 of the Supreme Court Rules. Kabwe and Chungu are seeking, among other reliefs, a declaration that the Task Force on Corruption has no power to receive, investigate and prosecute complaints of alleged corrupt practices under the Anti-Corruption (ACC) Act or any other law. The duo explained that there is no Act of parliament that had been created which stipulates the authority or functions of the Task Force on Corruption and that the Constitution of Zambia did not provide for the creation of the Task Force on Corruption.
Whent he matter came up last time, Lusaka High Court judge Christine Phiri directed the Task Force chairman to bring to court documents that relate to the establishment and mandate of the Task Force.
But in Court Tuesday, Mr. Nkole submited in a written affidavit also obtained by the Watchdog that there is no legal instrument prescribing the composition of the Task Force.
He also said in the same affidavit that there is no legal instrument providing for the establishment of the board of the Task Force or its composition or power.
He also said ‘the legal instruments listed above have not been in existence as the establishment, composition and mandate of the Task Force obn Corruption is purely an adminstrative arrangement designed to address abuses of authoity of office committed during the ten year admnistration of former president Dr. Fredrick Chiluba.’
He said the Task Force was established in the exercise of the president’ s executive powers in accordance wuth the constitution.