Chabinga audio a serious crime in SA – Sensio
By Tony Nkhoma
EXPELLED Patriotic Front (PF) Mafinga member of Parliament Robert Chabinga, Minister of Community Development and Social Services Doreen Mwamba involved in the leaked audio committed a serious crime under the South African law, former Kasenengwa member of Parliament Sensio Banda has said.
Banda said it was “highly risky” for the Vice President Mutale Nalumango not to acquaint herself with both local and international laws on plans that suggested corruption.
He said according to South Africa’s Prevention and Combating of Corrupt Activities Act (Act No. 12 of 2004) (PRECCA), the individuals involved in the alleged corruption proposal and suggestion to bribe a judge in South Africa, even if nothing was executed, might be liable for corruption charges and contempt of court.
In an interview with The Mast, Banda said suggesting bribery was a serious criminal offence in its nature and Chabinga as well as Mwamba must be answerable by facing the law.
“South Africa’s Prevention and Combating of Corrupt Activities Act (Act No. 12 of 2004) (PRECCA) criminalises not only the acceptance or giving of a bribe but also the mere offer or suggestion of gratification made with corrupt intent,” he said.
Banda said it was uncalled and strange for Nalumango to proudly confirm a suggestion of bribe on a foreign judicial officer.
“Nalumango’s public response that Chabinga’s bribery suggestion audio does not constitute a crime is not only troubling but also dangerously misleading, especially within the context of South African law,” he said.
Banda said in any democratic society especially one striving for transparency and accountability, public officials, particularly those in high offices, should be familiar with the legal frameworks that governed their conduct, both domestically and internationally.
“According to Section 3, a person commits an offence if they ‘directly or indirectly give, offer or agree to give any gratification’ to improperly influence any official act,” Banda said.
He said suggesting corruption was itself a completed criminal act under South African law.
“This is further reinforced in Section 4, which addresses judicial corruption in particular, making any attempt to influence a judicial officer a serious offence even if the bribe is not accepted or the act is not carried out,” Banda said.
He said the moment a public official or any individual offered a bribe with improper intent, a crime had happened.
“The Vice President’s remarks, therefore, reveal not just a lapse in judgment but a dangerous lack of legal understanding. One that could potentially undermine the very institutions meant to uphold the rule of law,” Banda said.
He said it was clear that Zambia had embraced corruption and a culture of bribes going by what Nalumango stood for in parliament.
Banda said Nlumango’s remarks should serve as a wake-up call for all public institutions warning that ethics and legality were not optional at all levels of society.
On Friday during Vice President Question time, Nalumango downplayed the Chabinga audio scandal saying the people involved in the corruption suggestions were just suggesting and dreaming, which has since attracted wide condemnation from the public.
