The ANTI-CORRUPTION BUREAU (ACB) wishes to draw the attention of all PUBLIC OFFICERS to the provisions of the CORRUPT PRACTICES ACT, 1995.

This FAQ is designed to help you understand the work of the ACB and to draw your attention to the responsibilities which you have as a Public Officer.

A Public Officer is any person who is a member of, or holds office or is employed in the service of a Public Body, whether permanently or temporarily, whole or part-time, paid or unpaid, and includes the President, a Vice-President, a Minister and a Member of Parliament.

A PUBLIC BODY means the Government and includes any Ministry, Department, service or undertaking of the Government and any statutory body or any other body appointed by the Government.

Briefly, you as Public Officer, commit an offence under Part IV of the Corrupt Practices Act if you solicit, accept or obtain any gratification by way of a bribe or other personal temptation, enticement or inducement in relation to matters or transactions concerning your official duties. You commit a serious offence if you corruptly use your official powers (for example over the issuance of licenses or permits), or if you use your official position to influence the award of Government contracts or tenders. This means that if you are involved in any way in negotiating contracts then you should not communicate any information to any person who could make improper or unfair use of such information.

Gratification means ANY payment, whether in cash or kind or any material gain, benefit amenity, facility, concession or favour of any description and any fee, reward advantage or gift. It does not include a 'casual gift' which is any conventional hospitality on a modest scale or an unsolicited gift not exceeding K500 or a gift offered' on festive occasions but which is not in any way connected with your official duties so as to constitute an offence.

If, after an investigation by the ACB, you are found to (a) maintain a standard of living disproportionate to your official emoluments or income; (b) be in possession of pecuniary resources or property not commensurate to your present or past emoluments or income; or (c) be receiving the benefit of services reasonably suspected to be corruptly obtained then you may be charged with an offence under the Corrupt Practices Act.

Any person who gives, promises or offers you a bribe commits an offence. If you are faced with this situation, then you are under a legal obligation to report the circumstances to a police officer or officer of the ACB within FORTY-EIGHT (48) HOURS of the occurrence of the event.

Under these circumstances the ACB advises you to take the following action:

1. Ascertain the identity and address of the person making the offer;

2. Find out why the bribe is being offered;

3. Do not accept the bribe or indicate definite acceptance;

4. As soon as possible after the person has gone make a written record of what took place. Include the date and time of the incident, and sign and date your report;

5. Get in touch quickly with the ACB or a police officer as quickly as possible, make a verbal report and hand in your written report;

6. Co-operate thereafter with the ACB or police officer in the next stages.

Very severe penalties exist upon conviction. Any person who is found guilty of an offence under Part IV of the Act may be imprisoned for a term of NOT LESS that five years and not more than twelve years.

As a Public Officer you have been entrusted by the people of Malawi to serve them fairly and efficiently. Self-interest means that you cannot discharge your important duties properly and you will lose respect. In addition, corruption tarnishes the image of the public service. The new democratic Malawi wants to encourage development so that everyone can benefit. But, if the Nation gets a reputation for corruption then investors and entrepreneurs will not come here-they will take their money somewhere else so we will all suffer.

If you go to prison because you have been convicted of corruption then you personally will suffer. But think also about other people whose welfare depends on you. They too will suffer just because of your greed. You must therefore look beyond self-interest and consider the implications of your acts. Corruption is evil and must be resisted under all circumstances. This is the challenge which faces you as a Public Officer.

This leaflet cannot give you all the details contained in the Corrupt Practices Act. The ACB encourages you to obtain a copy of the Act and read it thoroughly. We recognize that the ACB is something new to Malawi so we will do all we can to disseminate information to everyone in Malawi about our work. We will try to protect YOU by educating the community away from corrupt practices. We will soon visit your work station to talk to you about our activities.

The Director, Deputy Director and all officers of the Anti-Corruption Bureau are ready and willing to discuss any aspect of the Corrupt Practices Act with you. If you want to make any suggestions or you need advice or want to make a report of corruption to us then please do so by contacting us at:

 Corruption is the offering or acceptance of an advantage as an inducement or reward for doing or not doing an act which amounts to abusing one's official position two people are involved - the giver and the taker. It is a crime which is committed in secret. This is called "the satisfied customer relationship" which means that both parties are satisfied with the arrangement.

MANAGERIAL ACCOUNTABILITY IS A TOOL IN CRIME PREVENTION.  Corruption and economic crime can have a destabilizing influence on and often impediments to development (and profit) in both the public and private sectors. Individuals within any organization are corrupt if they are greedy, dishonest or do not feel bound by a standard of ethics which compels them to act with integrity and loyalty.

If people in key positions in an organization are not capable or unwilling to inspire and influence conduct of the highest moral standard and instead set bad examples, then corruption and crime will thrive. Such activities will increase costs and reduce production capabilities within an organization.

It follows therefore that a programme for Managerial Accountability can be a real tool in corruption and crime prevention. As a concept it is simple: a supervisor or manager at any level within an organization should be required and be able to call staff to account, to explain and to answer for the way in which the manager's level of managerial responsibility has been discharged. This is a fundamental aspect of good management and leadership which is often lacking in an organization. How is it, one may ask, that when an employee within an organization is charged with a serious offence, senior staff did not know of such serious and illegal activities going on in their area of work for which they are directly responsible?

A manager and supervisor should be able to give a satisfactory explanation for instances of misconduct, malpractice or inefficiency by staff which have become so widespread that, by reasonable diligence, the manager should have known about them had a level of leadership, management and supervision commensurate with a senior position been exercised. Any criminal activity which occurs within an organization cannot be good for that institutions public image.

• Un-enforced or unenforceable rules. Are your rules and regulations out of date and no longer relevant? Do you have enough manpower to enforce the rules? Do your junior officers interpret them to suit themselves?

• Outdated policies which are inadequate or unclear. Is there scope for your staff to interpret your policies as they wish, because no one knows for sure what your policy is?

• Inadequate or excessive instructions. Are your instructions inadequate thus allowing discretion to some of your staff who are not equipped for their level of decision making' or are they so excessive that they stifle initiative thus permitting delays which contribute to corruption and criminal activities?

• Unnecessary procedures Are some of your practices and procedures now redundant thus causing delays which your staff can take advantage of by "speeding things ups"?

• Insufficient supervision. Are your policies being frustrated because there is insufficient or inadequate supervision to see that your instructions and procedures are being followed?

• Insufficient publicity. Have you publicized your policies and procedures sufficiently enough internally to ensure that none of your staff can claim ignorance of them?

Managers and supervisors must take the initiative to foster high standards of integrity and ethics, since the effect of the continued presence in an organization of staff whose integrity is in doubt can only be adverse to morale, efficiency and productivity

In order to do this managers must introduce control measures. Controls and standards set create a system of accountability which will check against malpractice and will enable checks and balances to be conducted to see that your operational rules and guidelines are applicable to any existing laws and regulations.

The ACB can conduct 'Managerial Accountability Workshops' which will help you to establish controls and standards for accountability within your organization. The Workshops will identify procedural practices in your organization that are vulnerable to abuse and will create a plan of action for improving structural accountability and transparency. The Workshops will be aimed at the four general levels of personnel typically found in most organizations:

• senior management;

• middle management;

• supervisory staff; and

• front-line implementers.

Most Workshops will take place over a two-day period and will give participants opportunities to generate innovative solutions for addressing abuses. Recommendations made during the workshop will be included in a full report to senior management who should then study them with a view to implementing any new operating structures and procedures which have evolved.

Vise management is basic to controlling abuses, and accountability thus becomes the keystone of maintaining integrity. If you decide to adopt this strategy, "managerial accountability" will therefore:-ensure that managers account for the actions and omissions of subordinatesensure that a manager can measure his/her performance and that of his/her subordinates against your organization's aims and objectives

• help to set out plans for the achievement of those aims and objectives

• help to identify potential problems early

• help to maintain and manage control of resources both human and material

• assist in identifying promptly good and bad work at all levels

• help to create a sense of self discipline in employees

• create room for prompt review of policies, procedures and methods of work

• and, most importantly, help to stop crime