ZAMBIA POLITICAL UPDATE

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E.O. 12958: N/A
TAGS: PGOV KCOR ECON ZA
SUBJECT: ZAMBIA POLITICAL UPDATE

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1. SUMMARY
-- Government Passes Anti-Corruption Policy
-- Government Secures Senior Convictions
-- Chiluba Ruling Set for July 20
-- Namugala Dissolves Wildlife and Tourism Boards
-- Tribunal Finds Siliya Guilty, Sort Of

Government Passes Anti-Corruption Policy


2. (U) After more than three years of deliberation, the Zambian
Cabinet approved a diluted national anti-corruption policy, which
identifies the Anti-Corruption Commission (ACC) as the lead
anti-corruption agency, calls for enhanced national coordination
between law enforcement agencies, recommends improved
anti-corruption legislation (including asset forfeiture, asset
disclosure, and whistleblower protection laws),and requires the
domestication of international protocols on corruption. Some expect
the long-overdue policy to improve the operational effectiveness of
the ACC, an institution that had previously been criticized for its
lack of independence and efficiency. Western diplomats are dubious,
as the policy was approved without the implementation strategy that
had accompanied previous drafts.

Government Secures Senior Convictions


3. (SBU) Zambian courts found former Lands Minister Gladys Nyirongo
guilty on two counts of corruption. Nyirongo, who was sentenced to
four years imprisonment for illegally allocating land to herself and
friends, has appealed the case to the High Court. During the first
quarter of 2009, the ACC secured six other convictions, including
Air Force Commander Emmanuel Singogo. The cases mark an important
achievement for the ACC, which has been constrained by inadequate
resources.


4. (SBU) During this same period, the Zambian Government (GRZ) made
other notable progress through the Task Force on Corruption (TFC),
an ad hoc body that former President Mwanawasa established to
prosecute high-level corruption during 1991-2001. The TFC convicted
former First Lady Regina Chiluba, former Army Commander Geojago
Musengule, former Air Force Commander Sande Kayumba, former Air
Force Chief of Logistics Andrew Nyirongo, and businessman Amon
Sibande. Although these cases represent important milestones in the
government's anti-corruption campaign, all of the convicted are
currently free on bail, having appealed their cases to the High
Court. Their easily-obtained appeals may drag on for years,
delaying further what has already been a lengthy litigation process,
and providing little deterrence to other would-be offenders.

Chiluba Ruling Set for July 20


5. (SBU) Magistrate Jones Chinyama announced that he will issue his
ruling on the criminal case against former President Chiluba on July

20. Chiluba, along with two Zambian businessmen, Faustin Kabwe and
Aaron Chungu, faces six charges of theft of public resources and
abuse of office in a case concerning approximately USD 500,000. The
case has run in parallel to a civil case that was tried in UK courts
and which concluded in May 2007 with a finding that Chiluba and
others were liable for approximately USD 41 million. The former
President, who has delayed the registration of the UK civil case and
whose legal antics have drawn out this case over almost seven years,
is likely to appeal the case to the High Court.

Namugala Dissolves Wildlife and Tourism Boards


6. (SBU) Tourism, Environment, and Natural Resources Minister
Catherine Namugala dissolved the Zambia Wildlife Authority (ZAWA)
Board and the Zambia Tourism Board (ZTB) following the government's
decision to streamline the two institutions in order to "reorganize
the tourism sector." The Ministry's Permanent Secretary will carry
out the functions of the two boards until new boards are appointed.
Government officials have not provided a timeframe for the
appointment of the replacement boards, nor an explanation as to how
the move will help streamline government activity. Former ZTB Board
Chair Errol Hickey, in a radio interview, said that the Ministry had
not consulted with him and that he had learned of the board's
dissolution through media reports.

Tribunal Finds Siliya Guilty, Sort of


7. (SBU) A tribunal to probe alleged corrupt activities of
Communications and Transport Minister Dora Siliya concluded its
proceedings and issued its findings. Supreme Court Justice Dennis
Chirwa, in a 108-page report, cleared Siliya on two of the three
allegations, but found her in breach of a specific procurement
procedure and in violation of Zambian law and the constitution on
the third. Justice Chirwa submitted the findings for action to
President Banda, who has said the situation is "complicated."
Former Transport Minister William Harrington and the ten civil

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society organizations that launched the tribunal issued a press
statement calling for Siliya's dismissal. They also called for the
dismissal of the Vice President for his role in defending Siliya.

BOOTH