ZAMMSA audit illegal – Kafwaya

…wonders why the forensic audit report has been leaked to media houses instead of being presented to Parliament , says the audit risks creating a constitutional crisis, as he warns against arresting people based on a report that is unconstitutional

By NATION REPORTER

THE PricewaterhouseCoopers (PWC) forensic audit report that has reportedly exposed massive corruption and looting of medicines and other essential drugs at the Zambia Medicines and Medical Supplies (ZAMMSA) is not only illegal but unconstitutional and embarrassing, Mutotwe Kafwaya has charged.Mr Kafwaya, the Patriotic Front (PF) Lunte Member of Parliament has also questioned why the audit report had not been presented to the Parliament but has instead been leaked to media houses, to exposed targeted individuals, whom the government would wish to use to cover up the systematic stealing of essential medicine, especially those donors, such as the United States of America.

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Speaking in an interview, respected for his strong views against poor corporate governance and public accountability said the audit process by PWC had violated both legal procedure and constitutional safeguards by allowing the Executive to direct the Auditor General and subcontract private auditors without parliamentary oversight.
“The Auditor General is not subject to direction by any authority or individual, not even the President. The Office of the Auditor General is a constitutional office, like the DPP. It must operate independently, not at the President’s whims or instructions,” Mr Kafwaya said.
Mr Kafwaya was reacting to the revelations that ZAMMSA has been deeply involved in corruption and pilfering of medicines to which President Hakainde Hichilema has issued a strong warning that all those who have been exposed shall have to face the full force of the law.
He explained that former ZAMMSA Director General was arrested based on a forensic audit report that had never been made public nor submitted to Parliament.
“According to what government communicated, PricewaterhouseCoopers was hired by the Auditor General’s Office to conduct the forensic audit, but that instruction came after the President allegedly directed it. That was a red flag,” he said.He added that under Article 250 of the Constitution, the Auditor General should complete audits independently and submit such reports to the National Assembly only and not to the Executive or law enforcement agencies.
“The President should not have seen an interim audit report. That’s outside constitutional bounds. No one, not even State House, should receive such a report before Parliament,” the Lunte lawmaker stressed.
He said the situation was made worse when Clayson Hamasaka, the State House Chief Communications Specialist confirmed in a public statement that President Hichilema had directed the Auditor General to act.
“That is troubling. It clearly shows interference. And if the law enforcement agencies are now acting on that report…when Parliament has not seen it, then we are in serious trouble as a country,” Mr Kafwaya said.
He also condemned the leak of the forensic audit report to media outlets before it was officially tabled in the House.
“When I see articles quoting forensic findings in the newspapers while we in Parliament haven not even seen the document, I feel ashamed as an MP,” he said. “That is not how constitutional offices work.”He said the entire process was flawed from the start, and warned that any arrests or prosecutions based on the audit report risked being overturned in court.
“You can’t build justice on an illegal foundation,” he said. “Even those arrested may turn around and sue the government. It’s already a mess.”