The lack of clear laws, regulations and governance charters for government ministries, agencies and their employees has been blamed for the current accusations and counter accusations of suspected conflict of interest and nepotism in the awarding of government jobs, appointments and contracts.
This follows questions that have been asked on whether senior government officials are required to declare interest when relatives and close personal relations are bidding for tenders or when appointments for employment are being made.
And Former Law Association of Zambia (LAZ) President and prominent Lusaka Lawyer Eddie Mwitwa has confirmed that there are no specific laws that guide on how to deal with conflict of interest as these are matters of corporate governance and such laws may only be found in individual corporate entities such as board charters.
Mwitwa said the Anti-Corruption Commission Act is the primary legislation when it comes to giving guidance on how to deal with close personal relations or nepotism. Therefore, the Anti Corruption Commission independence is key to executing of this mandate.
Most government ministries, agencies and parastatals do not conduct annual declarations for close personal relationships nor are there requirements to declare interest when sitting on tender or employment committees. This is leading to failure to take corrective actions when the jobs are not done to paid for standard or when workers fail to do their jobs due to senior staff being conflicted by personal relationships.
In an exclusive interview with the Zambian Business Times – ZBT, Mwitwa further disclosed that even the issue of political party funding has no laws in place . He told ZBT that “currently, there is only a provision in the constitution that says parliament should enact laws that should regulate political parties including issues of funding but that law has not been promulgated yet”.
A further review by ZBT of what needs to be done shows that there is need for both the ruling United Party for National Development – UPND and the main opposition Patriotic Front – PF to act above board and facilitate for the enactment of political party bill into law for Zambia’s posterity.
It is a well known outcome that “he who pays the piper calls the tune”. The continued financing of key political parties by mostly foreign interests reduces the chances of successive governments to act in the best of interest of the majority of Zambian citizens.
Enactment and Implementation of laws and regulations in government that promotes good governance practices like declarations of conflict of interest, declaration of close personal and family relations etc are what is needed to attaining a functional and productive government.
