Under Lungu, the government targeted its opponents with trumped up charges and tried to prosecute them without evidence. Hichilema appears ready to violate the same principle, albeit in the opposite direction; by saving people from prosecution despite clear evidence of wrongdoing.
It is additionally worrying that the new administration has not replaced officials in anti-corruption bodies. Under Lungu, these agencies were spineless and followed political instructions rather than following the constitution. Keeping these personnel in place does not inspire hope that these bodies can now act independently of the executive or hold those in power accountable.
Creating new public offices without following the law
Historically, State House has had five advisors to the president, responsible for press and public relations, economic affairs, political affairs, legal affairs, and policy and project implementation – each assisted by two deputies known as chief analysts. Instead of working through these existing offices, Hichilema has created a series of new advisory positions. These include State House Media Director, Special Assistant to the President for Public Policy, Special Assistant to the President for Policy Compliance, and State House Economic Advisor.
His motivations for doing this may be perfectly legitimate, but these actions have not been constitutional. The president is legally empowered to create new public offices, but only through the relevant commission or a specially designed statutory instrument, which has not been the case. It is also concerning that most of these appointments have not been announced and only a few have taken the oath of office publicly, as required by the constitution.
Weakening the civil service
In opposition, Hichilema vowed to depoliticise the civil service and fill it with qualified, competent, and experienced professionals. While he has yet to announce any reforms that would help achieve this, he has taken several steps that undermine the service.
First, the new president destabilised it through a nearly wholesale dismissal of permanent secretaries, the most senior officials tasked with advising ministers and implementing policies. It is unlikely all those sacked were incompetent, unqualified, or corrupt so their removal was likely due to their perceived political affiliation.
Second, Hichilema has appointed several individuals who lack civil service experience or even relevant qualifications. They appear to have been recruited due to their loyalty and are therefore more like Partisan Secretaries, who will last as long as their party is in power, than Permanent Secretaries.
Third, Hichilema has centralised power by creating several new positions around the presidency in a move that demonstrates his lack of faith in the civil service and his desire to run government from State House. The creation of these parallel positions, many of which already exist in the civil service, undermines existing officials, leads to the duplication of functions, and is an inefficient use of public resources. Worse still, many of those appointed to this “mini civil service” lack the relevant qualifications for their roles.
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