Opinion / Columnist
Stamping corruption needs a holistic approach
11 Jul 2016 at 11:46hrs | Views
The Zimbabwe Ant-corruption Commission (ZACC) needs to step up efforts to deal with corruption which is threatening to tear and collapse the nation. ZACC is under mandatory obligation to prove its worth to the citizenry.
Some analysts feel that Anti-corruption commissions are especially problematic when political leaders are only responding to demands from international donors. In such countries, policymakers can ignore domestic demands for reform and enact minimal reforms to satisfy external agents. This minimum may be nothing more than the establishment of an anti-corruption commission, an office of the ombudsman or public protector, or an anti-fraud unit without enabling legislation, competent staff, or a budget. ZACC therefore needs to be re-visited to ensure that all the primary ideals to make it effective and efficient are put in place.
While it is widely acknowledged that one of the major problems in Zimbabwe is the widespread corruption, countering this issue is crucial to restore general trust in the public administration and to improve the business environment.
The recent National Constitution of 2013, section 254 and 255, acknowledges and underlines the importance of an anti corruption program and a fully fledged overall anti corruption strategy.
In addition to this, political commitment and support of the highest levels for a coherent approach and its implementation is of crucial importance for ZACC to succeed in its pubic obligation. Corruption according to a broad definition by the European Union is the "the abuse of power for private gain." Admittedly, it is hard to safely estimate the overall size of corruption in the country.
Sectors that seem to be vulnerable to corruption are the tax administration, national health services, public works, (military) procurement and contracts, entrepreneurial investment state loans and local government.
Corruption is not a separate criminal offence, but appears as a productive source of a series of criminal offences such as active and passive bribery, fraud, economic subsidy fraud, misappropriation, dishonesty, forgery, breach of duty, money laundering, smuggling, tax evasion, etc. Legal corruption goes beyond bribery and includes influence peddling. Recent research has found that tackling the extent of state capture, and other forms of 'legal corruption' has a positive effect on fiscal deficits, very similar to that of lowering traditional forms of corruption.
A focus to international experience can provide useful lessons about corruption and efforts against it. A balanced and sequenced approach to fighting corruption, making use of different instruments, is essential. Prevention, detection, prosecution and sanctions, and awareness raising, as well as behavioural and perceptual changes are all necessary. In particular, due attention needs to be given to prevention and internal control mechanisms. That is, ensuring that government institutions, systems, and processes are working well enough to minimize vulnerabilities to corruption.
The institutional framework for fighting corruption needs to be sound. Critics contend that specialized anti-corruption agencies set up by many developing countries, especially in Africa, often fail to achieve their objectives and sometimes even become obstacles. Prospects for success can be improved by giving such agencies a focused rather than a very broad mandate, commensurate resources, strong leadership, accountability for their results and appropriate independence.
A strategic vision is needed on how to break out of entrenched corruption, and for high-level leadership and effective coordination of anti-corruption efforts. Targeted, focused approaches can yield better results than ambitious and broad-based strategies lacking in implementation and staying power.
The political dimension of anti-corruption cannot be ignored. Corruption is not only an outcome of weakness of state institutions, but also a means for enrichment and empowerment of political elites. Understanding the structure and networks of political and economic power is essential for designing an effective anti-corruption strategy.
A focused assessment and understanding of corruption issues for individual sectors, agencies, and functions is required. This will provide the basis for concrete actions against corruption which while individually small can add up to significant progress in aggregate.
However, it is critical to note that corruption is to varying degrees present in all countries, and although progress in reducing corruption certainly is possible, change takes time. Time, effort, and sustained political will are required, especially in countries with weak institutions.
One of the key elements to tackle corruption is to make full use of existing anti-corruption tools and develop new ones, while ensuring coordination and coherence of the entire framework. Anti Corruption measures must be capable of supporting the anti corruption strategy by sound risk assessments tools, detection and preliminary analysis of suspected corruption, prevention tools, suppression tools, including effective, dissuasive and proportionate sanctioning.
Fighting corruption demands fast enforcement, prosecution and trials of corruption cases, international cooperation, reduction of opportunities for corruption, public awareness raising.
The best priorities for corruption should include the setting up of an overall anti corruption strategy with political commitment, including strengthening the anti corruption framework in sectors where appropriate, strengthening the legal framework, strengthening prevention, awareness raising and public integrity as well as strengthening financial investigation and prosecution of corruption, in particular in high risk sectors.
The other way to deal with corruption is the prevention and awareness raising which explores and advices on the introduction of regularly updated risk assessments on the provision of tools and mechanisms to monitor anti corruption measure implementation, and the development and further strengthening of internal control mechanisms and removal of conflict of interest and incompatibilities for all categories of public officials, including elected officials.
It is also mandatory to explore and advise on measures to ensure transparency of public expenditure, public contracts and budgetary process, and strengthening civil society participation, including empowerment of citizens. In addition, the media can play a role to tackle corruption.
There is also need to explore and advice on monitoring of conflict of interest Explore and advice on strengthening reporting of corruption by public officials, and the strengthening of the protection of whistleblowers, capacity and skills of internal control units / departments and enhance efficiency of disciplinary procedures and their final outcome.
It is imperative also to explore and advice on introduction of public officials and integrity tests, clarification of procedures or extension of the scope of the relevant existing legal provisions for giving and accepting gifts and how to observe corporate governance ethics and a code of conduct for public officials.
Another way of mitigating the incidence of corruption is to reduce bureaucracy and continually simplify red tape, for instance, transaction handling by systems like "one's man job" or "one stop shop" where feasible. As well as continuously enhancing transparency of the administrative action. Prohibiting civil servants and state officials from serving in their area of origin, establishing mobility of human resources within the civil service and establishing a salary system for civil servants, with merit criteria linked to productivity based on efficiency.
Priority should be given to examination of cases of corruption regarding civil servants and public officials. This has the potential to boost public confidence.
Some analysts feel that Anti-corruption commissions are especially problematic when political leaders are only responding to demands from international donors. In such countries, policymakers can ignore domestic demands for reform and enact minimal reforms to satisfy external agents. This minimum may be nothing more than the establishment of an anti-corruption commission, an office of the ombudsman or public protector, or an anti-fraud unit without enabling legislation, competent staff, or a budget. ZACC therefore needs to be re-visited to ensure that all the primary ideals to make it effective and efficient are put in place.
While it is widely acknowledged that one of the major problems in Zimbabwe is the widespread corruption, countering this issue is crucial to restore general trust in the public administration and to improve the business environment.
The recent National Constitution of 2013, section 254 and 255, acknowledges and underlines the importance of an anti corruption program and a fully fledged overall anti corruption strategy.
In addition to this, political commitment and support of the highest levels for a coherent approach and its implementation is of crucial importance for ZACC to succeed in its pubic obligation. Corruption according to a broad definition by the European Union is the "the abuse of power for private gain." Admittedly, it is hard to safely estimate the overall size of corruption in the country.
Sectors that seem to be vulnerable to corruption are the tax administration, national health services, public works, (military) procurement and contracts, entrepreneurial investment state loans and local government.
Corruption is not a separate criminal offence, but appears as a productive source of a series of criminal offences such as active and passive bribery, fraud, economic subsidy fraud, misappropriation, dishonesty, forgery, breach of duty, money laundering, smuggling, tax evasion, etc. Legal corruption goes beyond bribery and includes influence peddling. Recent research has found that tackling the extent of state capture, and other forms of 'legal corruption' has a positive effect on fiscal deficits, very similar to that of lowering traditional forms of corruption.
A focus to international experience can provide useful lessons about corruption and efforts against it. A balanced and sequenced approach to fighting corruption, making use of different instruments, is essential. Prevention, detection, prosecution and sanctions, and awareness raising, as well as behavioural and perceptual changes are all necessary. In particular, due attention needs to be given to prevention and internal control mechanisms. That is, ensuring that government institutions, systems, and processes are working well enough to minimize vulnerabilities to corruption.
The institutional framework for fighting corruption needs to be sound. Critics contend that specialized anti-corruption agencies set up by many developing countries, especially in Africa, often fail to achieve their objectives and sometimes even become obstacles. Prospects for success can be improved by giving such agencies a focused rather than a very broad mandate, commensurate resources, strong leadership, accountability for their results and appropriate independence.
A strategic vision is needed on how to break out of entrenched corruption, and for high-level leadership and effective coordination of anti-corruption efforts. Targeted, focused approaches can yield better results than ambitious and broad-based strategies lacking in implementation and staying power.
The political dimension of anti-corruption cannot be ignored. Corruption is not only an outcome of weakness of state institutions, but also a means for enrichment and empowerment of political elites. Understanding the structure and networks of political and economic power is essential for designing an effective anti-corruption strategy.
However, it is critical to note that corruption is to varying degrees present in all countries, and although progress in reducing corruption certainly is possible, change takes time. Time, effort, and sustained political will are required, especially in countries with weak institutions.
One of the key elements to tackle corruption is to make full use of existing anti-corruption tools and develop new ones, while ensuring coordination and coherence of the entire framework. Anti Corruption measures must be capable of supporting the anti corruption strategy by sound risk assessments tools, detection and preliminary analysis of suspected corruption, prevention tools, suppression tools, including effective, dissuasive and proportionate sanctioning.
Fighting corruption demands fast enforcement, prosecution and trials of corruption cases, international cooperation, reduction of opportunities for corruption, public awareness raising.
The best priorities for corruption should include the setting up of an overall anti corruption strategy with political commitment, including strengthening the anti corruption framework in sectors where appropriate, strengthening the legal framework, strengthening prevention, awareness raising and public integrity as well as strengthening financial investigation and prosecution of corruption, in particular in high risk sectors.
The other way to deal with corruption is the prevention and awareness raising which explores and advices on the introduction of regularly updated risk assessments on the provision of tools and mechanisms to monitor anti corruption measure implementation, and the development and further strengthening of internal control mechanisms and removal of conflict of interest and incompatibilities for all categories of public officials, including elected officials.
It is also mandatory to explore and advise on measures to ensure transparency of public expenditure, public contracts and budgetary process, and strengthening civil society participation, including empowerment of citizens. In addition, the media can play a role to tackle corruption.
There is also need to explore and advice on monitoring of conflict of interest Explore and advice on strengthening reporting of corruption by public officials, and the strengthening of the protection of whistleblowers, capacity and skills of internal control units / departments and enhance efficiency of disciplinary procedures and their final outcome.
It is imperative also to explore and advice on introduction of public officials and integrity tests, clarification of procedures or extension of the scope of the relevant existing legal provisions for giving and accepting gifts and how to observe corporate governance ethics and a code of conduct for public officials.
Another way of mitigating the incidence of corruption is to reduce bureaucracy and continually simplify red tape, for instance, transaction handling by systems like "one's man job" or "one stop shop" where feasible. As well as continuously enhancing transparency of the administrative action. Prohibiting civil servants and state officials from serving in their area of origin, establishing mobility of human resources within the civil service and establishing a salary system for civil servants, with merit criteria linked to productivity based on efficiency.
Priority should be given to examination of cases of corruption regarding civil servants and public officials. This has the potential to boost public confidence.
Source - Sparkleford Masiyambiri
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