By Charles Mafa
In a surprising move that raises serious questions, the Anti-Corruption Commission (ACC) has opted not to pursue criminal prosecution in a case involving alleged theft of over a billion kwacha of public funds by senior officials at Zambia’s Finance Ministry. Instead, the Commission has closed the matter with a recommendation for internal disciplinary action.
The decision comes barely a month after the High Court delivered a major ruling in favour of whistleblower Grandy Ntumbo, refusing to remove the ACC from his judicial review case. The Court held that the ACC still has a mandatory duty to provide Ntumbo with progress reports every 90 days under the Whistleblower Act.
In its 22 October ruling, the court dismissed the ACC’s attempt to exit the proceedings and ordered the Commission to pay Ntumbo’s legal costs. The judgment means the ACC remains fully answerable both to the court and to the whistleblower as investigations continue.
According to a November 11 letter from the ACC to whistleblower Grandy Ntumbo’s lawyers, Messrs. MAY and Company, seen by MakanDay, the Commission confirmed that officials at the Ministry received allowances in excess of the permitted annual calendar days. The ACC further stated that the Ministry has already begun recovering the excess payments.
“Therefore, having concluded its investigations, and pursuant to Section 8 of the Anti-Corruption Act No. 3 of 2012, the Commission recommend that administrative action be taken by the Ministry of Finance and National Planning against the officials who received funds in excess of annual calendar days and the Ministry has continued making recoveries of funds made in excess,” read the letter signed by Daphne Chabu, the Director General. “The Commission commends the patriotism shown by your client in reporting the said matter.”
But while some of the officials implicated in the irregular payments were arrested, none has been prosecuted. Ntumbo, on the other hand, continues to face persecution — pressure that has now even extended to his family, from those who escaped arrest and are still in government. They have continued to walk freely through the corridors of power, seemingly confident that their influence will shield them from any meaningful accountability.
The retaliation against Ntumbo has taken several forms, including unwarranted disciplinary actions initiated by senior officials at the Ministry of Finance. He was abruptly transferred to Mongu in Western Province, and for more than two years, his salary has been withheld. Since January 2023, he has been completely removed from the payroll, deepening his hardship.
How the case began
In 2021, Ntumbo was assigned to investigate financial irregularities at the Ministry of General Education. During that process, he uncovered extensive money-laundering and corruption schemes involving public funds — irregularities that ultimately linked back to the Ministry of Finance.
Scale of the financial theft
The financial misconduct at the Ministry of Finance came to light in August 2022, when it was revealed that over K1 billion from the state treasury had been embezzled by senior officials. The theft was executed through fictitious allowances and a five-year payroll fraud scheme.
Additional irregularities included K21 million in illegal travel allowances for senior Ministry of General Education officials, more than K2 million paid for undelivered goods, and the theft of K530,000 at the Provincial Education Office in Kabwe.
Although these matters were reported to the ACC and the Drug Enforcement Commission (DEC), resulting in the arrest of 20 senior government officials — including the Permanent Secretary at the Ministry of Finance, the Accountant General, and the Controller of Internal Audit — none of the cases have progressed.
The lack of action raises questions about the government’s commitment to combating corruption and protecting whistleblowers, pledges that were central to President Hichilema’s reform agenda.
Whistleblower protection ignored
Under the Public Interest Disclosure (Protection of Whistleblowers) Act No. 4 of 2010, whistleblowers are legally protected from retaliation. Section 10 clearly states that “An employer shall not subject an employee to any occupational detriment on account, or partly on account, of the employee having made a protected disclosure”.
The law defines “occupational detriment” as including disciplinary action, dismissal, suspension, demotion, harassment, intimidation, or involuntary transfer. Yet Ntumbo has suffered nearly all these forms of detriment since making his disclosures.
Legal triumph — and official defiance
On December 13, 2023, the Court of Appeal delivered a landmark ruling overturning Ntumbo’s transfer and dismissing the disciplinary hearing against him. Presiding Judge Catherine Kunda Makungu ordered the Ministry of Finance to pay Ntumbo his outstanding salary and directed the ACC to provide him with a safe house.
The case reached the Supreme Court after Lusaka High Court Judge Elita Phiri Mukwisa denied Ntumbo leave to commence judicial review. The Appeals Court’s ruling marked a major turning point in his fight for justice.
Yet almost two years after the judgment, the Ministry of Finance and DEC have ignored the Court of Appeal’s orders. Both institutions have failed to reinstate Ntumbo, pay the outstanding salary, or vacate the invalidated disciplinary actions.
To learn more about the wider scandal, follow this link: Harassment, Cover-Ups, and Bribery in Multi-Billion Kwacha Finance Ministry Scandal
https://makanday.org/harassment-cover-ups-and-bribery-in-multi-billion-kwacha-finance-ministry-scandal/
The ACC, Attorney General, the police, and the Ministry of Finance were approached for comment but have not yet responded.
This image is AI-generated and is used solely for illustrative purposes. It does not depict any real person or event.
Discover more from MAKANDAY
Subscribe to get the latest posts sent to your email.
