Legal Aspects of Combating Corruption:  The Case of Zambia
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Legal Aspects of Combating Corruption: The Case of Zambia By Ken ...

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The chapter examines the legal and institutional framework governing the Anti-Corruption Commission. In so doing, the chapter also examines critical issues relating to the composition, independence, powers, functions, proceedings, committees, funding and financial accountability of the Anti-Corruption Commission. The chapter points out that the law needs to be improved to provide for the privacy and protection of whistleblowers who report corrupt practices to the police or the Anti-Corruption Commission. Also, the chapter examines the role of the Director of Public Prosecutions in the fight against corruption. Chapter 4 deals with the confusing role of the Task Force on Economic Plunder, arguing that the Task Force has no legal authority to bind or subject the Anti-Corruption Commission to any directives. An argument is made that the legal pedigree on which the Task Force was set up is not even clear. Chapter 5 examines the statutory powers and functions of the Directorate of the Anti-Corruption Commission. The Directorate is the body that is charged with carrying out the day-to-day functions of the Anti-Corruption Commission. The chapter explains the term of office of the Director-General of the Anti-Corruption Commission, highlighting as well the statutory powers of the Director-General, including the special powers accorded to officers of the Anti-Corruption Commission to investigate and arrest suspects of corrupt practices. Chapter 6 brings the discussion back to the centre, weaving in the underlying thesis. The chapter makes an attempt at determining if political will to fight corruption exists in Zambia. Citing some valuable examples, the chapter concludes that there is limited political will to tackle corruption in Zambia. If anything, the crusade to prosecute individuals suspected of having committed offences of corrupt practices is being done on a politically selective basis, arresting and prosecuting only a few sacrificial lambs. The few prosecutions slapped on some corrupt politicians are being done mainly for window-dressing purposes, as a political campaign by the State, to win more donor support and funding under the pretext that the State is serious about fighting corruption. A good number of corrupt politicians have retained their status as ‘sacred cows’ not to be touched by the fight against corruption.