No assets declaration director yet

Almost five months after the law creating the office was assented to and roughly 24 days before a new administration and National Assembly, the Director of Public Officers’ Declaration of Assets and Business Interests has not yet been appointed.

According to the law on declaration of assets, which was enacted following concerns that the old one lacked enforcement mechanisms, the director will be responsible for enforcement, regulation and monitoring of declaration of public officers’ assets and business interests.

Attorney General (AG) Anthony Kamanga and Speaker of the National Assembly dissolved on March 20, Henry Chimunthu Banda, confirmed the development in separate interviews on Thursday, saying the appointment will await the setting up of a new Public Appointments Committee (PAC) after a new House is sworn in.

“I am aware that the structure has been put in place, but it cannot start to operate because the director has not been appointed. The appointment will await the new PAC to be set up after a new National Assembly is set up,” he disclosed.

Chimunthu Banda said his office received the structure, but could not act on it because it came after the House had already been dissolved on March 20 according to the law.

“I can confirm that we received the structure that the Attorney General is referring to. But the relevant committee would not complete the processes because by the time we received it, the committee was not in place,” he explained.

Every listed public officer is expected to submit his declaration to the director no later than three months after assuming his duties or risk penalties that include fines, imprisonment, dismissal and being barred from public office for a period ranging between three and seven years.

Chimunthu Banda hoped that within those three months, the new PAC will be able to appoint the director to avoid creating a legal crisis.

Besides creating the office of the director, a new legal framework was put in place to promote public confidence in the public sector through curbing corrupt practices by strengthening the legal framework for declarations of assets, liabilities and business interests by certain public officers.

It supplements other oversight and accountability enforcing provisions of the Constitution and aims to stamp out corruption in the public service by requiring that certain public officers adhere to prescribed principles of ethical conduct.

Under this law, the declarations shall be treated as public information and will be accessed upon application to the director.

Where he refuses access, he shall, within 14 days from receipt of the application, notify the requesting party in writing stating the grounds for his refusal.