Zambian Government Defies Court Order

By Charles Mafa

The Ministry of Finance and the Drug Enforcement Commission (DEC), both governmental bodies, have ignored a Court of Appeal order that invalidated the transfer and annulled the disciplinary hearing of Grandy Ntumbo. Ntumbo, a Principal Internal Auditor at the Ministry of Finance, gained recognition for his fearless revelation of a significant embezzlement scandal within the government.Two months after the judgment, Ntumbo remains sidelined – out in the cold, and vulnerable to persecution by government officials allegedly involved in the theft, yet have evaded arrest.

MakanDay has further established that Ntumbo’s legal team is now poised to pursue legal action against the director general of DEC, secretary to the treasury, and the permanent secretary of the Ministry of Finance for contempt of court and failure to adhere to court orders.

Legal triumph

In a significant development on December 13, 2023, the court delivered a landmark verdict, overturning the transfer and dismissing the disciplinary hearing against Ntumbo.

Judge Catherine Kunda Makungu, presiding over the case in the Supreme Court, not only ordered the payment of Ntumbo’s overdue remuneration but also instructed the Anti-Corruption Commission (ACC) to promptly provide him with a safe house.

Ntumbo, took legal action against his employer, the Ministry of Finance, the ACC, and the Drug Enforcement Commission (DEC) in the High Court.

The legal showdown in the Supreme Court follows a denial of leave to proceed with judicial review proceedings by Lusaka High Court Judge, Elita Phiri Mukwisa.

Despite this setback, the Appeals Court’s decisive intervention signaled a pivotal moment in the whistleblower’s fight for justice

Background

In 2021, the auditor was reassigned to investigate financial irregularities within the Ministry of General Education. During the investigation, he uncovered extensive money laundering and corruption schemes involving public funds, which had far-reaching implications, even reaching the Ministry of Finance itself.

The financial irregularities in the Ministry of Finance came to light in August 2022 when Transparency International Zambia (TIZ) conducted its own investigation revealing the embezzlement of over K1 billion from the state treasury. The embezzlement occurred through fictitious allowances and a five-year payroll fraud.

Additional instances of financial irregularities included K21 million spent on illegal travel allowances for senior Ministry of General Education officials and payments exceeding K2 million for goods that were never delivered.

Another example involved the theft of K530,000 at the Provincial Education Office in Kabwe.

Although these financial irregularities were reported to both the ACC and DEC, leading to the arrest of 20 senior government officials, including the Permanent Secretary in the Ministry of Finance, the Accountant General, and the Controller of Internal Audit, there has been no progress on the case.

Targeting of the whistleblower

Ntumbo, placed in a safehouse owned by DEC while awaiting further investigation and the potential prosecution of those responsible for the offenses he exposed, has been facing targeted actions from certain high-ranking government officials who managed to evade arrest.

The victimisation has taken several forms, including unjustified disciplinary actions instigated by senior government officials at the Ministry of Finance.

In an inexplicable move, he was abruptly transferred to Mongu in the Western Province. For more than a year, his salary has been intentionally withheld since January 2023, and he has now been entirely removed from the payroll, intensifying his distress.

In response to the conduct of these high-ranking government officials, the ACC issued warning and caution statements, urging restraint and discouraging any interference in ongoing investigations or further mistreatment of the auditor. However, these warnings and a court order have predominantly been disregarded.

The reason for the lack of legal action for those who were arrested remains unclear, but it casts President Hakainde Hichilema’s administration under scrutiny as the victimisation of the whistleblower persists. This raises concerns regarding the government’s dedication to combatting corruption and protecting whistleblowers, promises that were emphasised during the election campaign.

As a whistleblower who has exposed rampant corruption and theft, the auditor is protected by the provisions outlined in the Public Interest Disclosure (Protection of Whistleblowers) Act No. 4 of 2010.

Part II of the Act, specifically in section 10, clearly stipulates 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 or public interest disclosure.”

The Act defines ‘occupational detriment’ as including disciplinary action, dismissal, suspension, demotion, harassment, intimidation, or involuntary transfer due to the disclosure.