Rédaction Africa Links 24 with Rebecca Chimjeka
Published on 2024-03-28 06:39:58
The Special Law Commission on the Public Officers Declaration of Assets has recommended amending the Constitution to allow the firing of Members of Parliament (MPs) who fail to declare their assets. This move comes over 29 years after the provision enabling constituents to recall underperforming MPs was repealed. If implemented, MPs who conceal their assets may face the risk of being removed from office annually.
Presenting the commission’s findings in Lilongwe, Commissioner Patrick Zaipa highlighted that the current Section 63 of the Constitution does not list non-compliance with asset disclosures as a basis for removing a legislator. The only applicable provision under the Constitution, according to Zaipa, is Section 63(1)(f), which requires the National Assembly to follow Standing Order procedures to decide on the removal of a member.
To address this gap, the commission recommends amending Section 63(1)(f) to explicitly include failure to declare assets as grounds for declaring a seat vacant. Deputy chairperson Reyneck Matemba revealed that the commission proposed various sanctions for public officers failing to declare their assets, including fines, suspension of benefits for former presidents or vice presidents, and disqualification from running for another term.
The commission also suggested extending sanctions to family members, agents, or associates of listed public officers and implementing online asset declaration. Justice Minister Titus Mvalo emphasized that asset disclosure is crucial in combating corruption and conflicts of interest in the public service. He stated that asset declarations promote honesty, accountability, transparency, and rule of law among public officers, building integrity and combating corruption globally.
Law Commissioner Rosemary Kanyuka emphasized the importance of recommendations that the Office of the Director of Public Officers Declaration can use to detect unexplained wealth accumulation and enhance integrity and public trust in the public service. The commission’s proposals aim to strengthen accountability, professionalism, and impartiality among public officers through robust asset declaration mechanisms.
Overall, the recommendations put forward by the Special Law Commission seek to address gaps in the current legal framework regarding asset declaration by public officers. By amending the Constitution to include asset non-disclosure as a grounds for removal, the commission aims to reinforce transparency, accountability, and integrity in the public service, ultimately contributing to the fight against corruption and promoting good governance.
Read the original article on The Times
