Government to come up with laws to deal with CDF abusers

Only 65 constituencies out of 210 were audited due to lack of money and manpower.
Out of these, four MPs, Albert Mhlanga (MDC-T Pumula), Marvellous Khumalo (MDC-T St Mary’s), Cleopas Machacha (MDC-T Kariba) and Franco Ndambakuwa (Zanu-PF Magunje) were arrested by the Anti-Corruption Commission and appeared in court.

Charges against Ndambakuwa and Mhlanga were withdrawn before plea. The state will proceed by way of summons when the dockets are ready. Cases against the other two legislators are still pending.
Constitutional and Parliamentary Affairs Minister Eric Matinenga yesterday said this when he appeared before the Parliamentary Portfolio Committee on Justice, Legal,

Constitutional and Parliamentary Affairs.
Minister Matinenga said the CDF was governed by the CDF constitution, which was prepared in terms of Section 18 of the Public Finance Management Act (chapter 22:19).

“It must be noted at this juncture that the CDF Constitution does not provide for the legal status of the CDF Committees and penal provisions, among other things, hence the application of the Criminal Law (Codification and Reform) Act in situations where allegations of abuse of the funds occur,” Minister Matinenga said. 
The Criminal Law (Codification and Reform) Act is a weaker legal statute.
He said his Ministry, Treasury and the Office of the Comptroller and Auditor-General were in the process of consulting to come up with comprehensive legislation on the administration of the fund.

The intention, Minister Matinenga said, was to enact legislation to regulate the use and proper management of the fund.
“Principally, the intended legislation will provide for the composition and functions of the Constituency Development Committees, establishment of a CDF board, administration of the fund, the submission of projects, the procurement of goods and services, auditing of the fund, offences and penalties,” Minister Matinenga said.

He said the fund was governed by the CDF constitution and the accounting officer manual, which his ministry prepared with the blessing of Treasury.
Minister Matinenga dismissed claims by some quarters that the CDF had been disbursed without training the legislators.
“Each MP was given the Constitution and the accounting officer manual. Whether they read it or not, I don’t know, hence the adage you can take a donkey to the well but you can’t make it drink.

“For someone to say nothing was done to capacitate the MPs before disbursement is unfortunate because we even had provincial workshops to capacitate them but others decided not to come,” Minister Matinenga said.
He also said there was a need for the Attorney-General’s Office and the Anti-Corruption Commission to work together in dealing with cases of suspected CDF abuses.

Legislators asked what Government stood to benefit by incarcerating legislators who would have abused CDF. If legislators are jailed, the committee said, Government would not be able to recover the money.
Minister Matinenga said it was up to the courts to determine the penalty. He said it would be ideal if the courts pass sentences that made it possible for the affected constituency to recover the money.

Minister Matinenga said he was not sure when Treasury would release more money for CDF despite it having been provided for in previous budgets.
He said not all legislators had abused the CDF as some had done exceptionally well.
The CDF is meant for constituency development projects and each MP got $50 000.