Internal strategies and mechanisms of combating corruption: the nolle prosequi phenomenon in Zambia.
Date
2022
Authors
Phiri, Chidongo
Journal Title
Journal ISSN
Volume Title
Publisher
International Journal of Advanced Multidisciplinary Research and Studies
Abstract
This article examines internal mechanism and strategies of fighting corruption at Konkola Copper mines (KCM) in Zambia. The study used the Nolle prosequi [The unwilling to pursue in Latin] law of the Criminal procedure Code (CPC) of Zambia to examine the weaknesses in the strategy and mechanisms of combating corruption. The commonly held understanding of the Nolle prosequi phenomenon by the Zambian people is that it is corruption in form of racketeering and abuse of authority by the state prosecutors and business executives. From observation, one issue affecting the attainment of the sustainable development goals in Zambia is the selective enforcement of the Nolle prosequi law contained in the CPC. Of particular concern is an assumption that evoking the Nolle prosequi law of the penal code, Chapter 87 of the laws of Zambia and the international law on corruption has not helped to reduce corruption but exacerbated it. Theoretically , the concept of Social Justice as represented in the writings of Amartia Sen, (1999) guided this article with emphasis placed on the notion of human capabilities key components in his social justice conception. Sen, contends that inequality discourages the healthy economic activities that shatters development processes (1999:75). To avoid this, Sen suggests the need for political freedom which guarantees economic development and good governance practice. The researcher
argues that this can be achieved with fair enforcement of the Nolle prosequi law. Unfortunately, those affected by it have no much choice to contribute to the reduction of corruption because of not being members of the inner network social relations at KCM. Methodologically, this article is based on library research
though the large part of it involves interviews to those offered criminal amnesty by the prosecutors in entering Nolle prosequi. The argument in this article is that failure to analyse Nolle prosequi within prisms of social relations reduces the chance for eliminating Corruption at KCM in Zambia. This is because, a much closer examination of Nolle prosequi in content and practice gives the reasons of why the law is misapplied hence corruption persistence at KCM in Zambia.