CORRUPTION PREVENTION

Section 10 (1) (a) (i) and (ii) of the Corrupt Practices Act require the Bureau to discharge its preventive function. This is the responsibility of the Corruption Prevention Division. In order to discharge this function the Bureau carries out the following activities—

1. Working with both public and private institutions to review methods and systems of work in order to eradicate or minimise corruption opportunities;
2. Introducing new methods and systems of work in such institutions;
3. Conducting "Managerial, Accountability and Transparency" Workshops;
4. Maintaining contact with the client organisations in order to monitor and ensure the implementation of new changes in procedures, etc;
5. Assisting in the framing of a Code of Ethical Conduct for public officers which will include morality, conflict of interests and declaration of assets and liabilities;
6. Becoming directly involved in the strengthening of the Public Procurement Process.

The Bureau believes that the above activities will lead to—

1. A reduction in the occurrence of corruption;
2. The efficient delivery of services in client institutions; and
3. An improvement in the conduct of public officers.

A start has already been made on corruption prevention and three Corruption Prevention Officers will join the Bureau shortly. Specific areas of immediate concern to the Bureau which became apparent from correspondence sent to the Bureau included Education, Traditional Authorities, Works and Supplies, Local Authorities, Forestry, Health, Land, Immigration and Police.

Discussions were held with the British Council, who are committed to the improvement of education in Malawi, in 1997, in an attempt to get the Ministry of Education involved in the prevention of corruption within its various departments by agreeing to cooperate with the Bureau in holding Accountability Workshops. This will be actively followed up in 1998, in view of the importance of education in poverty alleviation efforts, and the size of investments in the sector which potentially gives many corruption opportunities.

Better progress has been made towards improving upon the public procurement process. Initiatives by the Global Coalition for Africa and Transparency International, have resulted in a higher profile imthis important aspect of the economy. The public procurement process at present does lend itself to corrupt practices and a review of procedures and better commitment by those involved in the various processes is long overdue. Following public announcements made in 1997 to the effect that government will take administrative action against companies involved in bribery in this process, the Bureau ran an advertisement in all the print media drawing the public's attention to the provision of the Corrupt Practices Act in so far as tendering and negotiating of contracts was concerned. The idea behind this was to ensure that no one in the country could hide behind the excuse that he or she did not know the law.

In order to strengthen and improve upon integrity in the public procurement process the Bureau has initiated two regulations pursuant to Section 54 of the Corrupt Practices Act. These regulations will prohibit abuse of information obtained in official capacity and disclosure by public officers of interest in contracts and proposed contracts. The regulations have on 24th February, 1998, received Ministerial approval. They are presently with the Attorney General's office for processing and gazetting.

In order to enhance the adage that 'Prevention is better than Cure" 20,000 "Notices to Public Officers" have been printed by the Government Printer. These are notices to all public officers drawing their attention to the provisions of the Act and the responsibilities which lie upon them. Over 12,000 of this first print have been distributed (details of their distribution are shown in the Appendices). In due course every single public officer in the country will receive such a notice.

In the same way that the Malawi Police Service believes in "Community Policing", so the Bureau believes in promoting "Community Responsibility in Corruption Prevention". There is a need for both the public and private sectors to get involved in corruption prevention and to take measures themselves to contribute to a decline in corruption opportunities. The Corruption Prevention Division of the Anti-Corruption Bureau will assist in this process. A programme under the banner of "Business Without Strings", whereby private bodies and companies are targeted, will take off during 1998.

The Corrupt Practices Act defines a public officer as, inter alia "any person who is a member of, or holds office in, or is employed in the service of, a public body and includes the President, Vice President, a Minister and a Member of Parliament".

There is a responsibility on Members to declare their assets. The Bureau has already made an approach to the Clerk of Parliament in this regard. The Corruption Prevention Division will shortly begin the progress of monitoring these declarations, and will do so on an annual basis, and ensure that the public has easy access to the declarations.

Section 32 (13 of the Act makes it an offence for any public offices to—

1. maintain a standard of living which is not commensurate with his official income;

2. be in possession of property or pecuniary resources disproportionate to his official emoluments; and

3. to be in receipt of the benefit of any services which may reasonably be suspected of having been corruptly obtained.

The declaration of assets will, it is hoped, therefore contribute to the prevention of corruption by those concerned, and will contribute towards easier investigation of those suspected of having contravened Section 32 of the Act.

The Corruption Prevention efforts of the Bureau are expected to be further strengthened, in due course, by the World Bank through possible grant assistance under its Institutional Development Fund. To this effect, a Bank mission visited Malawi from 25th February to 5th March, 1998. The mission held wide-ranging discussions with the Bureau, Government ministries and departments, as well as with some Parliamentarians, other donors and representatives of the private sector and civil society. A major focal area will be public procurement.

THE ANTI-CORRUPTION BUREAU
P.O. BOX 2437
LILONGWE