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Attorney General Peter Fachi said Monday he has finally concluded that a draft bill on declaration of assets is missing in his department and has asked Parliament to send him a copy the committee on declaration of assets sent to his predecessor Henry Phoya.
Fachi said meetings with former declaration of assets chair Henry Mussa and chief parliamentary draughtsman Anthony Kamanga on Thursday last week did not come up with answers as to whereabouts of the bill in his department.
“As I have always said, I have not seen that bill. Hon Mussa confirmed that the bill was sent to my predecessor. But the meeting did not manage to find answers as to where it might be in my department. This means it is missing. Hon Mussa said he would ask the deputy clerk of Parliament to send me a copy,” said Fachi.
Deputy Clerk of Parliament Stanislas Chisanu confirmed Monday to have been contacted by Mussa to send a copy of the bill to Fachi.
“We have already been contacted and we are arranging to send the copy to the Honourable Attorney General,” said Chisanu.
Asked if the draft bill was indeed sent to the former Attorney General Henry Phoya, Chisanu said: “Our records show that the bill was sent to him”.
Before he was replaced, Phoya himself confirmed the bill was sent to him and he was going through it before it could be presented to Parliament.
Fachi said he needed to look at the document “so that my office can advise whether there is need for a bill or not.”
“We also need to assess its constitutional repercussions as to whether there would also be need to amend the constitution or not, since the issue of declaring assets is a constitutional issue,” said Fachi.
He said it was his understanding that the committee should have tabled a report in the House first.
“My understanding is that after the House adopted the report, then a recommendation could have been made whether or not a bill should be formulated,” said Fachi.
Chisanu, however, said the committee was already mandated to gather information and formulate legislation to regulate the declaration of assets.
“It will be up to government, which will present this matter to Parliament, to have it adopted as its own bill or not,” said Chisanu. “Government already showed interest and willingness.”
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