CHIEF Justice Ireen Mambilima says she is constrained from appointing a tribunal to investigate some ministers, including Speaker of the National Assembly Dr Patrick Matibini, for their alleged failure to declare assets and liabilities between 2016 and 2020.

She says the requirement in the Act (Parliamentary and Ministerial Code of Conduct Act, Chapter 16 of the Laws of Zambia) for members to file declarations of assets, liabilities and income upon appointment and on each anniversary, is inconsistent and overtaken by Article 263 of the current Constitution.

The said Article 263 provides that “a person holding a public office shall, before assuming office or leaving office, make a declaration of their assets and liabilities, as prescribed.”

Chapter One Foundation had written to Chief Justice Irene Mambilima requesting her to institute a tribunal to probe 40 ministers including the Speaker of the National Assembly for failure to declare assets and liabilities between 2016 and 2020.

In the letter dated January 13, 2021, Chapter One Foundation executive director Linda Kasonde noted that annual asset declarations made in accordance with the Parliamentary and Ministerial Code of Conduct, Chapter 16 of the Laws of Zambia were submitted to the Chief Justice’s office and kept on a register that members of the public could inspect.

She stated that according to section 10 of the Parliamentary and Ministerial Code of Conduct, an officer was required to submit to the Chief justice annual declarations of their assets, liabilities, and income.

But in her response dated February 11, 2021, Chief Justice Mambilima said the information Kasonde had presented did not entirely tally with her records.

She stated that their records showed that 25 members of parliament, being “officers” holding the office of Minister, Speaker and Deputy Speaker filed statutory declarations of their assets, liabilities and income at different intervals in the period 2016 to 2020, while 17 appeared not to have made any statutory declarations in the period under review.

“I am in receipt of your letter dated January 13, 2021 in which you have alleged that some members of parliament have breached section 10 of the parliamentary and ministerial code of conduct Act Chapter 16 of the Laws of Zambia. In your complaint you have submitted a list of 40 members of parliament alleged to have failed to make annual declaration of assets, liabilities and income as well as to state the value of their assets and total income as required by law. Consequently, you have asked me to appoint a tribunal pursuant to section 13(1) and (3) of the Act to investigate the alleged breaches,” Chief Justice Mambilima stated.

“I have considered the issues you have raised and found that the information you have have presented does not entirely tally with their records. Our records show that 25 members of parliament, being “officers” holding the office of Minister, Speaker and Deputy Speaker as defined by the Act, filed statutory declarations of their assets, liabilities and income at different intervals in the period 2016 to 2020. Of the 25 members, eight consistently filed their statutory declarations within the period under review. The remaining 17 members filed, at most, on four occasions and at the very least, once in the same period. 17 members appear not to have made any statutory declarations in the period under review.”

In relation to the 17 who had not made any statutory declarations and the 17 who have not filed consistently every year, Chief Justice Mambilima drew Kasonde’s attention to Article 263 of the current Constitution of Zambia, Act No.2 of 2016 which provides that “a person holding a public office shall, before assuming office or leaving office, make a declaration of their assets and liabilities, as prescribed.”

“Clearly, the requirement in the Act for members to file declarations of assets, liabilities and income upon appointment and on each anniversary is inconsistent and overtaken by Article 263. Further, Article 1 of the Constitution provides that any written law which is inconsistent with it is void to the extent of the inconsistency. Therefore, article 263 overrides the provisions of section 10 as to the frequency of filing statutory declarations by public officers. In light of the foregoing, I am constrained to proceed to appoint a tribunal,” stated the chief justice.