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Draft Anti-Corruption Bill full of holes -experts
2007-03-22 09:08:41
By Judica Tarimo
The draft Anti-Corruption Bill faced serious criticism yesterday, as experts pointed serious shortcomings that could hinder an effective fight against petty and grand corruption.
Earlier, the government had planned to table the bill in the next Bunge session for discussion and subsequent approval, but lawyers and experts said yesterday that the document must be taken back to the drawing board for review.
``The proposed bill excluded a lot of things…it needs to be reviewed. I don\'t believe that in its current shape, the new law can bring significant changes in the battle against graft,`` said Judge Joseph Warioba.
He was speaking at a special forum that drew Members of Parliament, representatives of civil society and of media organizations.
The draft Anti-Corruption Bill has reduced punishment against people convicted of corruption from 14 years to 5 years.
``The basis for the changes is not clear. ``What is the basis? I suggest that we should revert to the long-term sentence and give judges discretionary powers to decide on the sentence instead of setting five years as maximum sentence,`` said Warioba.
He said the new anti-graft bill had focused more on high-profile corruption giving less attention to minor corruption practices in hospital transactions, processing business licenses etc.
The bill has confined the powers of the anti corruption body to investigate corruption and take suspects to court.
``The bill did not give teeth to the anti corruption body. As a watchdog, the body must be vested with more powers in combating corruption,`` he said.
Wilbroad Slaa, lawyer and Secretary General of the opposition Chama cha Demokrasia na Maendeleo, said the structure of the proposed Prevention of Corruption Bureau advisory board would block the bureau from operating independently.
The chairman of the PCB board is the chief secretary, according to Slaa, adding: ``Other senior government officials Inspector General of Police (IGP) and Director of Intelligence enter the board as members in their capacities.``
``Obviously, an independent PCB does not exist under structures proposed by the new law,`` he said.
He said the board included two members one from the civil society and another from the private sector but the law did not specify how they were picked.
PCB, according to Slaa, receives some directives from the Director of Public Prosecution. He described this as a serious stumbling block for an independent anti-corruption watchdog.
``Powers of the DPP may prevent PCB from executing its duties more effectively,`` he said.
The proposed anti-corruption law, he said, did not clearly state effective modalities of PCB\'s financial expenditure once its budget has been approved by the Parliament.
``We want the law to include specific provisions that would ensure financial stability of the body instead of begging for financial support from government ministries and other public institutions,`` said Slaa.
Harold Sungusia from the Legal and Human Rights Centre said: ``The bill did not define key terms like corruption, and the objective of the law is too general.``
Most of the offences in the new law attract fines, or imprisonment for shorter terms or both, he said, insisting that such sentences on crimes of corruption could not meet the country`s objective in eradicating the vice.
Reginald Mengi, Chairman of Media Owners Association of Tanzania (MOAT), said: ``By looking at the structure of the PCB advisory Board, one can question the independence of the institution. It sounds like a government agency and not a public institution, because most of its members come from the government.``
He said the law did not say whether or not PCB should accept or reject advice given by the proposed advisory board. ``It is obvious that under such circumstances, the board may advise PCB to stop investigations of certain corruption cases.
They have no alternative rather than accepting because the law does not give them powers to reject,`` said Mengi.
The MOAT chairman proposed that the board be disbanded and instead an independent commission be formed to select board members.
``Members to the PCB board should be accountable and responsible to the Parliament and not the President, as it is the case at the moment,`` he said.
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