Have all Ministers Declared their Assets and Liabilities in accordance with the Law?

Background: On 6th March 2022, Chapter One Foundation released a press statement that stated that there was low compliance with the Parliamentary and Ministerial Code of Conduct Act among Cabinet Ministers. The statement showed that only a few ministers had filed their statutory declarations of assets, liabilities, interests, and income as required by law.

Later, on 9th March 2022, BBC Media Action through its Ishiwi initiative hosted an event dubbed ‘Voter’s Voice’ discussing the performance of the United Party for National Development (UPND) administration in various aspects of governance. The programme was broadcast on several radio stations across the country and on social media.

During the live broadcast, in response to a question posted on Facebook asking him to confirm the veracity of the statement by Chapter One Foundation, discussant, Director and Spokesperson in the Ministry of Information and Media Mr Thabo Kawana stated that ALL Cabinet Ministers had made their declarations in accordance with the law.

Claim being checked: “ALL Ministers have declared their assets in accordance with the law. Wherever the law suits (sic) them to go and file, they have filed.” – Thabo Kawana, Director and Spokesman, Ministry of Information and Media

Source: Ishiwi Facebook Page: https://www.facebook.com/ishiwi/videos/479793896955375  

Verification Procedure:

On the 15th of March 2022, the ACA Fact-checking Unit wrote to the Registrar of the Supreme Court, requesting to inspect the Asset Declaration Register.

On the 23rd of March 2022, the Registrar notified the organisation that it was at liberty to inspect the register as provided for under Section 11 (1 and 2) of the Parliamentary and Ministerial Code of Conduct. The Registrar allocated Friday 25th March 2022 as the date on which the ACA could inspect the Register.

On the 25th of March 2022, the ACA Fact-checking Unit inspected the Asset Declaration Register at the Supreme Court for the period 12th of August 2021 to the 9th of March 2022. The ACA reviewed declarations made by Cabinet and Provincial Ministers, the Vice President of the Republic of Zambia, the Speaker of the National Assembly, and selected Members of Parliament.

Findings:

The inspection revealed that the Vice President Ms Mutale Nalumango had declared her assets as required by the law. The investigation further revealed that the Speaker of the National Assembly Ms Nelly Mutti MP, First Deputy Speaker Ms Malungo Chisangano, MP and Second Deputy Speaker Mr Moses Moyo, MP had also filed their respective declarations.  

However, Government Chief Whip Mr Stafford Mulusa MP, Deputy Chief Whip Ms Princess Kasune MP, and Leader of the Opposition Mr Brian Mundubile MP were among Members of Parliament who had not made their declarations as of 25th March 2022.

The inspection further revealed that out of twenty-five [25] Cabinet Ministers, only seven [07] had made declarations as of the 25th of March 2022 as indicated in Table 1 below:

Table 1: Declaration of Assets, Liabilities, Interests, and Income by Cabinet Ministers

SNNAMEPORTFOLIODECLARATION STATUS
1Chushi C KasandaMinister of Information and MediaNot Declared
2Stanley Kasongo KakuboMinister of Foreign Affairs and International CooperationNot Declared
3Collins NzovuMinister of Green Economy and EnvironmentNot Declared
4Paul C C KabusweMinister of Mines and Minerals DevelopmentNot Declared
5Chipoka MulengaMinister of Commerce, Trade, and IndustryNot Declared
6Frank TayaliMinister of Transport and LogisticsNot Declared
7Reuben Mtolo PhiriMinister of AgricultureNot Declared
8Douglas Munsaka SyakalimaMinister of EducationNot Declared
9Sylvia MaseboMinister of HealthDeclared
10Mulambo Hamakuni HaimbeMinister of JusticeDeclared
11Mike MposhaMinister of Water Development and SanitationNot Declared
12Elvis Chishala NkanduMinister of Youth, Sport and ArtsDeclared
13Elijah Julaki MuchimaMinister of Lands and Natural ResourcesDeclared
14Ambrose Lwiji LufumaMinister of DefenceDeclared
15Brenda Mwika TambatambaMinister of Labour and Social SecurityNot Declared
16Rhodine SikumbaMinister of TourismNot Declared
17Gary G NkomboMinister of Local Government and Rural DevelopmentNot Declared
18Jacob Jack MwiimbuMinister of Home Affairs and Internal SecurityDeclared
19Situmbeko MusokotwaneMinister of Finance and National PlanningNot Declared
20Makozo ChikoteMinister of Fisheries and LivestockNot Declared
21Peter Chibwe KapalaMinister of EnergyDeclared
22Doreen MwambaMinister of Community Development and Social ServicesNot Declared
23Charles MilupiMinister of Infrastructure, Housing Urban and DevelopmentNot Declared
24Felix C MutatiMinister of Technology and ScienceNot Declared
25  Elias MubangaMinister of Small and Medium Enterprises DevelopmentNot Declared

Additionally, the study revealed that out of the total of ten [10] Provincial Ministers, only two [02] had filed declarations as of the 25th of March 2022 as indicated in Table 2 below:

Table 2: Declaration of Assets, Liabilities, Interests, and Income by Provincial Ministers

SNNAMEPORTFOLIODECLARATION STATUS
1Hon. Derrick ChilundikaLuapula ProvinceNot Declared
2Hon. Peter PhiriEastern ProvinceNot Declared
3Hon. Sheal MulyataLusaka ProvinceNot Declared
4Hon. Henry SikazweMuchinga ProvinceNot Declared
5Hon. Leonard MbaoNorthern ProvinceDeclared
6Hon. Cornelius MweetwaSouthern ProvinceNot Declared
7Hon. Kapelwa MbangwetaWestern ProvinceDeclared
8Hon. Elisha MatamboCopperbelt ProvinceNot Declared
9Hon. Robert LihefuNorth-Western ProvinceNot Declared
10Hon. Credo NanjuwaCentral ProvinceNot Declared

Conclusion: The Fact check found that a large majority of the Ministers have not complied with the Parliamentary and Ministerial Code of Conduct, Cap 16 of the Laws of Zambia, which states that all Members of Parliament, Cabinet and Speaker of the National Assembly must make annual declarations of their interests, assets, liabilities, and incomes 30 days after their first date of appointment and 30 days after every anniversary.

Thus, the ACA Fact-checking Unit finds the claim by Mr Thabo Kawana that all Cabinet Ministers under the UPND government have declared their assets as FALSE.

The ACA Fact-checking Unit is part of the European Union-funded ‘Ask Project’