House changes ACB boss appointment procedures
The position of Anti-Corruption Bureau (ACB) director general will from now onwards be subjected to advertisement and interviews before a President finally appoints.
This follows Parliament’s passing of the Corrupt Practices Act Amendment yesterday.
Most opposition members of Parliament (MPs) who contributed to the debate on the amendment to the Act were against a provision that the President should be the final authority on the appointment of the Anti-Corruption Bureau boss.
In the new amendment, a panel will submit names of three candidates to the Minister of Justice, who will send the list to the President, from which he or she will make the appointment.
In an interview after the passing of the Amendment, Minister of Justice and Constitutional Affairs Samuel Tembenu observed that the earlier arrangement created a big problem in terms of perception as some people felt the bureau was not independent.
He said: “We want to enhance the independence of the person, so that when he/she is put there nobody should doubt as to the transparency of the process that led to his/her appointment, so that he/she also feels confident.”
Several opposition MPs faulted the amendment, arguing that it still left room for interference from the Executive.
Among those who expressed reservations were Dedza East MP Juliana Lunguzi (MCP).
She said: “It is worrisome that we want to give power to the minister to appoint these individuals. I might trust the minister today but I don’t know who will be the minister tomorrow. Members of the panel might also sympathise with the governing party.”
Dowa East MP Richard Chimwendo Banda (MCP) observed that on paper, it looked good that the President would make the appointment to be confirmed by the Public Appointments Committee, but it was not clear how the President would pick the name of the appointee.
“In Kenya and South Africa, such positions are advertised and interviews are done. The public has a chance to see the interviews happening and the selection does not raise any questions,” he said.
According to Tembenu, the new Act also guarantees the tenure of office of the ACB boss as the President will not have all the powers to remove him/her.
He explained that the President will set up a committee of three imminent persons to investigate any allegations of misconduct or incapability’s of the office holder before he or she is removed.
The Bill repeals Section 6 of the Act by inserting 6A, but maintains that the director general would be appointed by the President subject to confirmation by the Public Appointments Committee. n
