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   Background  

Origins

The legal provisions that outlawed corruption in independent Zambia were first contained in the penal code, Chapter 146, of the Laws of Zambia. This legislation was exclusively concerned with corruption offences by persons employed in the public sector but did not take offence with corruption transactions by or with private bodies or agents. It was therefore inadequate in as far as fighting corruption is concerned. The Zambia Police Force which was charged with the duty of enforcement was also unable to adequately deal with corruption offences.

                           Former ACC Headquarters, Block 25, Indpendence Ave, Lusaka

In 1980, a bill in parliament was passed that culminated into the establishment of the Anti-Corruption Commission as an institution that would exclusively deal with corruption cases. The provisions of the Penal Code relating to Corrupt Practices were therefore repealed by the new Act called the Corrupt Practices Act No. 14 of 1980.
The actual operations of the Commission only commenced in 1982 after all logistical measures were put in place.

Enforcement

The Commission was headed by a Commissioner as Chief Executive Officer. The first Commissioner to be appointed was Justice Bruce Lye. The Commission was structurely organised under three departments namely; Investigations and Prosecutions; Community Relations and Prevention; and Administration. Under the Corrupt Practices Act No.14 of 1980, the institution was entirely a Government Department. Annual Reports were submitted to the President and financial resources were disbursed from the Government Central Treasury.

Justice Kapembwa

In 1986 Justice Bruce Lye retired and was replaced by Justice Robert Kapembwa. One other notable figure in the early days of the Commission to whom the Commission is highly indebted is Mr Paul Russel, who was then Director of Operations. 

Early prosecutions cases

Under the corrupt practices Act, the Commission recorded a number of achievements through prosecutions. A number of High Profile cases were handled and the ACC recorded significant convictions. However, due to some limitations in the law, there was growing concern on the need to review the law. In 1987, the Corrupt Practices Act No. 14 of 1980 was amended. Notable changes were however made in 1996 when the Act was repealed and in its place the Anti Corruption Commission Act No 42 of 1996 was enacted. Changes made included:  

Paul Russel  

The establishment of the commission as an autonomous institution. This provided for establishment of the Commission as a two tier system; A Board of five Commissioners and the Directorate.
The repeal of sections that gauranteed the protection of whisle blowers, and 
The removal of the mandatory minimum sentence of 5 years for an offence of corruption.

Current Environment

Currently, legislative review designed to strengthen the Anti Corruption Commission Act is in process. The new law is expected to include aspects of the protection of whistle blowers and bring it in line with the international best practices.
In 2001, Justice Robert Kapembwa died and Mr Nixon Mabvuto Banda was  appointed Director General of the Commission.
                                                                                                                      
It is worth noting here that in 2001 when President Levy Patrick Mwanawasa, SC was elected Republican President, he declared zero tolerance of corruption in Zambia and established a special Task Force on Corruption to deal with complex corruption cases that had taken place during the tenure of office of his predecessor Dr. Frederick Chiluba.

The ACC sees the establishment by Government of the Task Force on Corruption as complimentary to its efforts as it has a specific mandate which does not overlap on the operations of the Commission. This does not in any way undermine the capacity of the Commission to handle the corruption cases.


 

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