IN the words of none other than President Rupiah Banda, "Corruption has been and still is a significant impediment to good governance in Zambia. Since attaining independence in 1964, successive governments have instituted legal, institutional, economic, and social reforms, which have largely aimed at enhancing good governance for improved public service delivery and contribution to economic and social development."

President Banda is quoted in the preamble to the National Anti-Corruption Policy (NACP) which he launched two months ago. The launch of the policy on August 27 is part of Government's continued efforts to fight corruption in some sections of Zambia.

Being the first ever comprehensive policy on corruption in Zambia, the document provides a framework for developing ways and means of preventing and combating the vicee in a broad, coordinated, inclusive, and sustainable manner.

The policy document concedes that corruption is a complex crosscutting problem, which requires a multifaceted approach to deal with and provides for the participation and involvement of all sectors, institutions and individuals in tackling the scourge.

The formulation and launch of the policy is in itself an indication that there is a strong will to fight graft, not only among the political class but a cross section of leaders at the very top levels of society. Without combined efforts to free the country from corruption to bring about good governance, it can be difficult to succeed in the reforms.

President Banda is emphatic in the foreword that the successful implementation of the NACP will require concerted efforts and commitment of every Zambian at every level.

Urging all the people of Zambia to support and actively participate in the successful implementation of the policy, the president asserts that, "the NACP, therefore, presents a challenge as well as an opportunity to every Zambian to meaningfully contribute to improving the governance of Zambia."

As the principal end of the NACP is to achieve a significant reduction in the levels of corruption to match with the efforts and financial resources which have been spent to combat the scourge, the policy identifies the institutionalisation of integrity programmes in public and private institutions through establishment of Integrity committees, as a good implementable strategy to enhance good governance.

It also identifies and provides for the need for coordination and harmonisation of the various good governance reforms and programmes apart from providing for re-orientation and strengthening of governance institutions.

Apprreciate

To appreciate the newly-formulated policy, whose implementation has already began, the public ought to understand the fact that the Government recognises that the increased occurrence of corruption cases has negative effects on the country's efforts to enhance socio-economic and political development as the vice tends to limit citizens' access to free public goods and services and reduces freedom of political choice in elections.

As stated in the introduction to the policy document, corruption can also be linked to the escalation of poverty because corrupt practices socially exclude the poor from freely accessing public goods and services.

The introduction makes it clear that the Government's socio-economic and political reforms and programmes have consistently documented the need to put in place good governance measures that seek to address the legal, institutional and social weaknesses that provide opportunities for corruption.

In addition, the measures seek to strengthen public accountability and transparency. These measures have, however, very often been implemented within frameworks that are isolated and uncoordinated and hence, their impact on preventing and combating corruption in the country has not adequately corresponded to the efforts and financial resources involved.

Since Government has also recognised the negative effects of corruption on the citizenry, it is crucial that anti-corruption efforts take an effective, acceptable, harmonised and coordinated approach. It is against this background that Government has developed and launched the NACP, as a course of action that will provide effective and acceptable legal, institutional and social interventions.

While the Government has in the past provided legal, institutional and social frameworks with respect to anti-corruption in Zambia, there are still challenges to the fight against the scourge.

Under the legal framework, the principal legislation enacted to combat corruption is the Anti-Corruption Commission Act, Cap 91 which came into effect after the repeal of the Corrupt Practices Act.

Other relevant laws that can be used in the fight against corruption include the Penal Code Act (Chapter 87 of the Laws of Zambia), Public Procurement Act No. 12 of 2008, Parliamentary and Ministerial Code of Conduct Act No. 35 of 1994, Electoral Act No 12 of 2006, Judicial (Code of Conduct) (Amendment) Act No 17 of 2008, Prohibition and Prevention of Money Laundering Act No 14 of 200, Public Finance Act No. 15 of 2004, just to name but a few.

The Penal Code contains a number of provisions dealing with corruption, abuse of office and the exercise of public authority. Chapter 10 prescribes corrupt conduct in a public office and this also includes provisions relating to false claims for personal gain, false assumption of authority and impersonating of public officers.

Section 99 provides that any person who, being employed in the public service does or directs to be done, in abuse of the authority of his office, any arbitrary act prejudicial to the rights or interests of the Government or any other person is guilty of a misdemeanour. If the act is done or directed to be done for purposes of gain, he is guilty of a felony and is liable to be imprisoned for three years.

In addition to the general legal provisions, there are other administrative regulations that are designed to regulate the functioning of the public service. For instance Chapter IV, Conduct and Discipline, of the Terms and Conditions of Service for the Public Service (June 2003), is designed to regulate the functioning of the public service with respect to conduct and discipline of public workers.

Thus, the legal framework has many laws and regulations with provisions that can foster anti-corruption. However, the policy document stipulates that there exists disharmony in the definitions and inadequate applicability of the provisions relevant to anti-corruption in the different legal instruments or laws.

Specifically, the legal framework does not provide for the protection of whistle-blowers, lacks redress for those who are falsely complained against while there is no rider for the regulation of electoral competition as a way of eradicating electoral corruption.

The legal context on anti-corruption is also provided in the international instruments to which Zambia is party. The instruments entail that the Government of Zambia undertakes to adopt anti-corruption measures, which will create, maintain and strengthen strides to control the scourge by including provisions in the instruments into domestic legislation and thereby making it enforceable. Currently, there are legal reforms being undertaken with a bearing on anti-corruption. These are the ACC Act, and Anti-Money Laundering Act.

The NACP document however cites some challenges in the legal framework in combating corruption. Enhancing and harmonising anti-corruption laws and regulations, reviewing and enacting relevant legislation in the fight against corruption as well as domesticating provisions in international instruments are some of the major challenges cited.

Under institutional framework, the policy document lists a long list of law enforcement agencies and oversight institutions that contribute to the fight against corruption.

The list of law enforcement agencies includes the ACC, Zambia Police, Drug Enforcement Commission (DEC) and the Task Force on Corruption while oversight institutions bring to the fore the Office of the Auditor General, Public Accounts Committee of the National Assembly, Commission for investigations, Judicial Complaints Authority, Police Public Complaints Authority and the Public Procurement Authority formerly Zambia National Tender Board (ZNTB).

The public may wish to know that the Public Procurement Authority has the power to surcharge any Government employee who causes financial loss due to recklessness, misconduct, or wilful default to follow procedures laid down in the Act with the amount of the loss being recoverable from such person's emoluments.

The police document states that despite the existence of these institutions, the fight against corruption in Zambia is still beset with problems in the sense that although law enforcement agencies and oversight institutions in Zambia refer cases to each other, most often they operate in isolation of each other, and follow-ups and systematic co-ordination and collaboration of their efforts is weak.

The policy document further indicates that law enforcement agencies and oversight institutions do not often offer competitive conditions of service to attract qualified human resources, and hence nearly all institutions have serious human resources constraints and inadequate specialised skills.

In addition, most of the institutions do not have the requisite material resources needed to effectively execute their public service responsibilities.

Reforms

On programmes and institutional reforms which include the Public Service Reform Programme (PSRP), The National Capacity Building for Good Governance in Zambia (NCBPGGZ), the Poverty Reduction Strategy Paper (PRSP) and the Fifth National Development Plan (FNDP). The NCBPGGZ which was launched in March 2000 is concerned with strengthening and coordinating institutional linkages so as to enhance good governance in Zambia.

Under "Accountability and Transparency, the National Capacity Building Programme earmarks, for instance, strengthening the institutional framework and human capacity of Government investigatory agencies, harmonising the anti-corruption operations with other institutions dealing with law enforcement to strengthen the execution of criminal justice, and ensure that persons in public office will exercise their authority within the confines of the law.

PRSP was premised on the goal of poverty reduction so as to attain sustained economic growth and employment creation. In recognition of the consequences of corruption on poverty reduction, the PRSP prioritised linkages between poverty, good governance and corruption.

In this regard, the PRSP undertook to "facilitate the enhancement of the principles of separation of powers and the strengthening of legislative and law enforcement institutions, highlighting weaknesses in oversight and addressing the weaknesses introduced by vices such as corruption". The PRSP also indicated a policy of "zero tolerance' against corruption as one of the major pillars of good governance in the country.

Even with the provision of institutional reforms and programmes that target accountability and transparency and efficiency in the delivery of public services, the policy document acknowledges that anti-corruption measures in these reforms and programmes need to be prescribed within an anti-corruption policy framework.

In addition, although the institutional reforms and programmes target accountability and transparency and efficiency in delivery of public services, the obtaining institutional situation as reflected in the National Governance Baseline Survey Report of August 2004 shows that acts of corruption are most prevalent at public goods and services points of delivery.

These service delivery points are public offices where the interaction with the public involves services such as issuance of permits or licences, expediency of legal proceedings or obtaining contracts with State institutions and provision of basic public services (in particular education and health).

(In our next column, we look at measures put in place to achieve the policy objectives. The fight against corruption will involve putting in place legal, institutional and social measures. Be knowledgeable about the NACP. Don't miss! )