by Natasha Sakala on 16 Jul 2019by Sipilisiwe Ncube on 16 Jul 2019by Julia Malunga on 16 Jul 2019by Mukosha Funga on 15 Jul 2019
- Goal Diggers
by Natasha Sakala on 15 Jul 2019by Natasha Sakala on 12 Jul 2019by Ulande Nkomesha on 11 Jul 2019by Mirriam Chabala on 9 Jul 2019
by Julia Malunga on 16 Jul 2019by Zondiwe Mbewe on 16 Jul 2019by Zondiwe Mbewe on 12 Jul 2019by Zondiwe Mbewe on 11 Jul 2019
- Editor's Choice
by Diggers Correspondent on 24 May 2019by Diggers Reporter on 4 Mar 2019by Andyford Mayele Banda on 29 Jan 2019by Davies Mwila on 22 Jan 2019
by Diggers Editor on 16 Jul 2019by Diggers Editor on 14 Jul 2019by Diggers Editor on 13 Jul 2019by Diggers Editor on 10 Jul 2019
by Web Master on 27 Jun 2019by Mirriam Chabala on 26 Jun 2019by Martha Mwanza and Felix Kashweka on 21 Jun 2019by Zondiwe Mbewe on 7 Jun 2019
- Guest Diggers
by Dr Chisoni Mumba, PhD on 22 Jun 2019by Chewe Chishala on 22 Jun 2019by Chibamba Kanyama on 11 Jun 2019by Chibamba Kanyama on 28 May 2019
YALI reports FIC to Public ProtectorBy Sipilisiwe Ncube on 11 Jun 2018
Young African Leaders Initiative (YALI) Executive Director Andrew Ntewere has written to the office of the Public Protector, submitting his concern that that Financial Intelligence Center acted unreasonably and illegally by publicising its latest trends report.
In his letter dated 11th June 2018 and addressed to the Public Protector, Ntewewe stated that by publicising the report, the Financial Intelligence Centre interfered with parliament’s oversight function in matters of expenditure of public funds.
“Madam, the FIC did disseminate the following intelligence report to the public between 2016 and 2018: Trends Report 2016 and the Money Laundering/Terrorist Financial Trends Report, 2017. These reports provide innuendoes of what the Centre calls corruption matrixes and money laundering reports, which have been tested by any established standards, by authorised law enforcement agencies, that is, the Drug Enforcement Commission, the Anti-Corruption Commission and the Zambia Police Service. These two reports were published to the public after 2016 amendments to the main act by the Financial Intelligence (Amendment) Act No.4 of 2016 which has taken away or removed the right or power by the centre to inform the public on measures that have been taken to detect, prevent and deter money laundering and financing of terrorism. This is because information gathered by the FIC is not conclusive in nature and cannot by or of itself, constitute evidence and is intended for dissemination to law enforcement agencies only and not for public consumption,” Ntewewe stated in the letter.
“Madam, you will note from these provisions that the information gathered by FIC are, firstly, not conclusive reports of evidentiary nature, but merely reports of financial transactions which the Centre considers to be ‘suspicious’, whose dissemination as categorically stated in 5 (2) (b), is limited to dissemination to law enforcement agencies. It then becomes the duty of the law enforcement agencies to further investigate these ‘suspicious’ transactions and determine whether they warrant further action such as prosecution of the persons or entities involved. To illustrate, a person may grow tomatoes on large scale, sell directly to marketers and end up depositing large amounts of cash and withdrew similar amounts for various activities at his or her farm. In developed economies, such a farmer would be supplying chain stores or wholesalers who will transfer money to his or her account at intervals. Therefore, to use the same methodology to analyse our financial transactions with developed economies will end up with misleading conclusions.”
He further echoed arguments by government that the FIC was only mandated to educate the public.
“Secondly, the mandate of FIC is by law, also limited, to include , education of the public and reporting entities of their obligations and inform them of measures to detect, prevent and deter money laundering and financing of terrorism or proliferations. The legislature’s removal of the words ‘that have been’, after the word ‘measures’ in the new Section 5 (2) (e), was to prevent the centre from making reports to the public on measures that might have been taken. The law, as can be seen above does not mandate the FIC to publish information that is untested as such information can do lasting damage to the name of an otherwise innocent person or entity, whose identity can easily be ascertained from those reports by inference, before they have had the opportunity to explain or otherwise defend themselves,” Ntewewe argued.
He warned that the country risked setting up a parallel Ant-Corruption Commission (ACC) and Drug Enforcement Commission (DEC) if intelligence institutions like the FIC leak out potential leads to prosecution information.
And Ntewere proposed that the publication by the FIC be refered to the office of the Auditor General for examination and further to parliament if the matter was of grave concern.
“The publication by the Financial Intelligence Centre, of reports which ought properly to be referred to the Auditor General for examination by that office and, subsequently by parliament is a matter of grave concern. The action or decision taken by FIC to publish this information is therefore unreasonable and illegal and warrants bringing an action under your auspices for further investigation as per Article 244 (2) (a) of the Constitution. It is my hope and prayer that your office will invoke provisions of Section 6 of Act No. 15 of 2016 to address the complaint as provided in the law,” stated Ntewewe.
About Sipilisiwe Ncube
Sipilisiwe Ncube has a background in radio news.
Email: sipilisiwe [at] diggers [dot] news
- Lungu asks Ng’andu to stabilise economy - 16 Jul 2019
- If DPP doesn’t appeal Chitotela’s acquittal, we’ll know ruling was state-sponsored – Changala - 15 Jul 2019
- Chinese debt cancellation a sign of good leadership by PF – Wina - 15 Jul 2019
- Dogs kill 8-year-old boy in Lusaka - 15 Jul 2019
- PF cadres clobber Lubinda at Kabwata market - 13 Jul 2019
Subscribe for email alerts
ArchivesAug0 PostsSep0 PostsOct0 PostsNov0 PostsDec0 Posts
- July 2019
- June 2019
- May 2019
- April 2019
- March 2019
- February 2019
- January 2019
- December 2018
- November 2018
- October 2018
- September 2018
- August 2018
- July 2018
- June 2018
- May 2018
- April 2018
- March 2018
- February 2018
- January 2018
- December 2017
- November 2017
- October 2017
- September 2017
- August 2017
- July 2017
- June 2017
- May 2017
- April 2017
- March 2017
- February 2017
- January 2017
- December 2016
- November 2016
- October 2016
The News Diggers
Deputy News Editor
Plot No. Lus/9812/649-MC8
off Alex Chola Road
P.O. Box 32147
Telephone or WhatsApp:
diggers [at] diggers [dot] news
editor [at] diggers [dot] news
Send this to a friend