NRM has vigorously implemented its policy of zero tolerance to corruption since 1986. It has successfully eliminated the more overt forms of corruption and criminality; i.e. air supply, extortion on road blocks etc. Today the most common forms of corruption manifest themselves covertly.
At institutional level, NRM established the office of the Inspector General of Government with powers to investigate, prosecute and recommend administrative action against public officials. The office of the Auditor General, which was formerly a department under the ministry of finance, was made independent and given more powers.
Similarly, the office of the Director of Public Prosecutions which was formerly a department within the ministry of justice was made independent of the executive. Furthermore, under NRM, oversight committees of parliament have been empowered to check on the executive.
There are cases where following the Auditor General’s reports, ministers have been made to account for their actions before the oversight committees of parliament. The IGG has also been able to investigate and prosecute cases involving senior public officials and ministers.
In particular, the NRM has strengthened the legal framework for fighting corruption as follows:
a) The Leadership Code Act 2002
The Leadership Code Act 2002 provides for, among others, the declaration by leaders of their assets, liabilities and those of their spouses and children below the age of 18 years.
In 2005, the Constitution was amended by the inclusion of Article 235A that provides for the establishment of a Leadership Code Tribunal. The enabling law will be put in place within the term of the Eighth Parliament.
b) The Inspectorate of Government Act 2002
The office of the Inspector General of Government was established in accordance with the Inspector General of Government Statute of 1988. However, following the promulgation of the 1995 Constitution, a number of changes were made which necessitated the enactment of a new law; the Inspectorate of Government Act of 2002.
The Act provides the Inspector General of Government with special powers to investigate and prosecute corruption and abuse of office and authority.
c) Access to Information Act 2005
A freedom of Access to information legislation was enacted to enable the public demand for information from government to enhance transparency and accountability.
d) The Anti Corruption Act 2009
The Prevention of Corruption Act 1970 was the principle anti–corruption legislation. The law had to be reviewed however to bring it in line with current international instruments and new and emerging issues in the fight against corruption. The law has now been reviewed the law to be more deterrent and better enforceable.
The review thus focused on the introduction of both proactive and reactive measures. All laws on the criminalization of corruption were consolidated into the new law, the Anti Corruption Act 2009.
e) The Whistleblowers Protection Act, 2010
The Whistleblowers Protection act is legislation designed to encourage and facilitate disclosure of improper conduct by officials of public and private bodies. It provides protection for persons making such disclosure and persons who may suffer detrimental action in relation to those disclosures and provides for the matters disclosed to be properly investigated and dealt with. The Act gives confidence to people to report the corrupt without fear of retribution.
f) Anti Money Laundering Bill
The development of an Anti-money Laundering legislation commenced and the relevant Bill is before Parliament.
g) Proceeds of Crime Bill
The NRM Government has signed and ratified the United Nations Convention Against Corruption (UNCAC) and the African Union Convention for Preventing and Combating Corruption.
The combined effect of the provisions of these treaties is to oblige the Government to introduce into its domestic legislative framework laws pertaining to the recovery of the proceeds of corruption and other crime.
The provisions of this proposed law would empower the Government to seize and confiscate the profits of those found to be engaging in corrupt activities and so raise the risk threshold of corrupt activities and thus operate as a deterrent of further criminal tendency.
h) Challenges
The above successes notwithstanding, there are still challenges in the fight against corruption. The challenges obtain in both investigation and prosecution capacity, which need to be improved, as most of the corruption cases are covert requiring sophistication in investigation. Fighting corruption is a concerted effort of the executive, legislature, the judiciary, media, and civil society.