how law enforcement agencies and the judiciary can work together to fight corruption effectively

1. 1 HOW LAW ENFORCEMENT AGENCIES AND THE JUDICIARY CAN WORK TOGETHER (TO FIGHT CORRUPTION EFFECTIVELY) A presentation to Public Prosecutors Workshop on 28th March 2007 by Given Lubinda, Member of Parliament & Chairman of the African Parliamentarians Network Against Corruption

2. 2 Structure of Presentation Introducing APNAC Defining Corruption The subject matter (How LEA and the Judiciary can work together) LEA � what are they and what are their functions? The Judiciary � what it is and what are its functions? Their points of interplay � space for working together Conclusion

3. 3 What is APNAC? APNAC is a Voluntary Network of African Parliamentarians engaged in the fight against corruption. It was formed in Uganda in 1998 and currently has chapters in about 30 African Parliaments. The aims and objectives of the network include: to sensitise Parliaments and MPs on Corruption; to provide forum for networking among MPs to empower MPs with skills to fight corruption in and outside Parliament to empower MPs with skills to enact laws that do not encourage corruption to empower MPs with skills that prevent corruption

4. 4 APNAC - Zambia Established in 2003 Launched in April 2004 With 18 members Currently 61 members from all Political Parties represented in Parliament The largest Voluntary Parliament Organisation in the Parliament of Zambia. 2nd AGM in October, 2006

5. 5 Executive Committee Chairman � Given Lubinda V/Chairman - Lazarous Chota Secretary - Jean Phiri Treasurer - Brian Sikazwe Publicity Sec - Godfrey Beene 3 Committee members � to be appointed S/African Rep. - Catherine Namugala (Zambia) Namburete (Mozambique)

6. 6 Programmes 4 Focus Areas: APNAC and Parliament to sensitise and enhance the capacity of Parliamentarians on corruption issues; APNAC and the Community to engage Parliamentarians in community anti-corruption activities; APNAC and Networking to participate in and support anti-corruption activities of like-minded organisations eg. The ACC, TI, NAYAC, IF etc. APNAC Capacity building to build the capacity of members of APNAC in Anti-Corruption work and in organisation.

7. 7 Sources of support National Assembly of Zambia- hosting and secretarial services etc USAID through PACT � Zambia GOPAC � Global Organisation of Parliamentarians Against Corruption APNAC � Africa TIZ More on the line

8. 8 ACTIVITIES so Far in 2007 Campaigned for ratification of AU and UN CAC. Organised workshop for all Parliamentarians on Corruption issues - March. Organised talk by Mrs. Eva Jolly for all MPs - March Discussed with RTSA on proposed outsourcing of vehicle inspections - February Participated in Radio, TV and Live debates Participated in ACC Draft Policy Workshops Participated in the launch of �Show Me the Money� by TIZ Issued Press Statement against Corruption Handled corruption cases from members of the public and referred them to relevant authorities etc Drafted private members bills for presentation to Parliament.

9. 9 WHAT IS CORRUPTION? Is a definition an issue? For us to be able to discuss corruption coherently with the aim of developing and implementing strategies to curb it we ought to agree not necessarily on a definition but on what it constitutes, what it is, and how we can identify it and distinguish it from other crimes. Macmillan�s English dictionary defines �Corruption� as �dishonest or illegal behaviour by officials or people in positions of power, especially when they accept money in exchange for doing things for someone�. Our statutes and the various anti-corruption conventions and protocols shy away from providing a succinct definition of this term. They rather define it by listing corruption offences As an example under the definitions section, the AU Convention on Preventing and Combating corruption says �Corruption means the acts and practices including related offences proscribed by this convention�. The United Nations convention against corruption does not even attempt defining the term.

10. 10 The Anti-Corruption Act Cap 91 of the laws of Zambia refer to it as �the soliciting, obtaining, giving, promising or offering of a gratification by way of a bribe or other personal temptation or inducement, or the misuse or abuse of a public office for private advantage or benefit�.�

11. 11 My suggestion is that Corruption is �the abuse of entrusted power or authority for private gain�.

12. 12 The abuse may be perpetuated by a person with decision making authority in the public or the private sector. Corruption includes a wide range of offences from petty bribes taken by traffic officers, council officials handling hawkers licences, to high level embezzlement of public funds by senior public officers, public prosecutors, court clerks and judges for example in adulterating dockets to circumvent the smooth dispensation of justice. It also covers nepotism and favouritism in recruitment and promotions and in the award of tender contracts.

13. 13 Corruption is a manifestation of institutional weaknesses, poor ethical standards, skewed incentives and insufficient enforcement. It creates illicit benefits for a person or a group of people by enabling them to circumvent rules and regulations designed to ensure fairness and efficiency.

14. 14 The Question

15. 15 My questions Can the LEA and the Judiciary work together? Should the LEA and the Judiciary work together? If so how and on what parameters?

16. 16 Law Enforcement Agencies Are a creation of the Statutes including the Constitution as agents of the Executive. They exist to ensure that the government machinery fulfils its policies, objectives and programmes while protecting life and property.

17. 17 Law Enforcement Agencies cont. In Zambia, the Law Enforcement Agencies include the following: The Zambia Police The Road Transport and Safety Agency The Drug Enforcement Commission The Anti-Corruption Commission The Task Force The Investigator General

18. 18 Functions of LEA to protect life and property to preserve law and order to detect and prevent crime to investigate and present crimes for prosecution through the Director of Public Prosecutions The DPP has the following functions: to institute and undertake criminal proceedings against any person before any court, other than a court martial, in respect of any offence alleged to have been committed by that person; to take over and continue any such criminal proceedings as have been instituted or undertaken by any other person or authority; This implies that the Law Enforcement Agencies and the Director of Public Prosecutions work together in ensuring that a prosecution is undertaken.

19. 19 The Judiciary Is one of the three Arms of the Government namely; The Executive The Legislature and The Judicature It enjoys autonomy Operates outside the ambit of the Executive It is an institution of highest value in every society.

20. 20 Functions of the Judiciary to ensure that all persons are able to live securely under the Rule of Law; to promote, within the proper limits of the judicial function, the observance and the attainment of human rights; and to administer the law impartially among persons and between persons and the State.

21. 21 comparisons

22. 22 Areas of commonalities

23. 23 Stage of interplay is the court The LEA and the Judiciary�s area of interaction is the Court The LEA aims at securing a conviction as a way of preventing crime and punishing offenders The Judiciary aims at administering the law impartially while observing human rights and fair play

24. 24 How the two can work together The LEA and the judiciary can not be seen to work together (jointly) in the fight against corruption for the following reasons: Erosion of the doctrine of separation of power Erosion of the independence of the judiciary Likelihood of compromised dispensation of justice Erosion of doctrine of �innocent until proved guilty� Loss of confidence in the legal/justice system You know better than I!!!

25. 25 The two are complementary For the Judiciary to be effective in the fight against corruption, LEA must: Be up-to-date with the laws they are enforcing Posses up-to-date knowledge of crimes and how they occur Investigate cases thoroughly and conclusively Adduce witnesses and evidence that is well collaborated Avoid adjournments and discontinuations of cases that are before the courts Study court rulings/judgements of matters they are responsible for Present their cases in a clear, analytical and precise manner to convince �beyond any reasonable doubt�

26. 26 The two are complementary For LEA to be effective in the fight against corruption, the Judiciary must: Be up-to-date with laws they are interpreting Posses up-to-date knowledge on crimes and how they occur Posses up-to-date knowledge on public aspirations and desperations Analyse cases critically and conscientiously Make references to rulings on similar matters Avoid adjournments of cases before them Present their rulings/judgements in a clear, analytical and precise manner to convince the prosecution and other interested parties

27. 27 Conclusion Each of the three wings of Government; the Executive, the Judicature and the Legislature has a significant role to play in the fight against corruption, and all ought to cooperate, albeit without compromising the fundamental independence of any.

28. 28 Thank you We owe it to ourselves to end corruption!