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It is reasonable to expect that the people of Malawi would like to see
a society free of corruption and are likely to believe that this can only be achieved if
the Bureau is pro-active, effective and efficient.. The people expect that the Bureau can
only combat corruption if it is impartial, independent and professional in its approach.
The people of Malawi therefore expect the Bureau to-;
- Facilitate prompt and efficient delivery of services in both the public and private
sectors;
- Facilitate transparency and good governance;
- Bring to book perpetrators of corruption-related acts;
- Solicit public support in the fight against corruption and disseminate information on
the work of the Bureau and highlight Government's concern about corruption and crime in
general;
- Take determined steps to prevent corruption;
- Decentralise the services of the Bureau so that everyone has easy access to them;
- Involve the community in the fight against corruption.
Having decided upon these initiatives, the Bureau set for itself
standards in the form of a "Mission Statement" and a "Statement of Common
Purposes and Values". This was to illustrate the Bureau's commitment to achieving its
objectives and to demonstrate the purpose of its creation.
The Mission Statement reflects the Bureau's determination to adopt a
pro-active stance aimed at preventing corruption and prosecuting offenders, and
recognising that it, the Bureau, has an important role to play in good governance and
democracy. The Mission Statement is:-
"The Efficient and Effective Prevention and Control of Corruption
at all Levels in order to Facilitate a Corruption Free Society and to enhance and
contribute to Good Governance and Democracy in Malawi"
The Statement of Common Purposes and Values is as follows—
The purpose of the Anti-Corruption Bureau is to enforce the law on
corruption by acting both pro-actively and re-actively to prevent corruption, to detect
and bring to justice those who break the law, and sensitize the community on the
detrimental effects of corrupt practices on society.
we will strive to carry out these purposes promptly and with the
highest standards of diligence, objectivity, integrity, professionalism and fairness and
without undue infringement of a person's liberty and privacy and with strict observance of
the right to property in accordance with the Constitution of Malawi.
We will be responsive and accountable to the community we serve and
will strive to elicit its support in the fight against corruption thus promoting and
maintaining confidence in the Public Service.
In order to achieve these purposes and maintain set values the name and
powers of the Bureau will be used with restraint and with an awareness of their potential
effect on the lives of individuals. They will never be used to gain personal advantage.
We will establish and maintain effective relationships with individuals
and organisations outside the Bureau. Discrimination and partiality, either within the
Bureau or in dealings with people and organisations outside the Bureau, are not
acceptable.
The work of the Bureau will not be compromised or affected by any
personal interest. Public resources will be used efficiently and effectively. The security
of information and the protection of persons working with or dealing with the Bureau will
be assured.
In addition to the above commitments, the Bureau decided that, in order
to earn respect and enhance its reputation whilst al the same time keeping to a standard
of conduct and behaviour which would be commensurate with the high expectations demanded
of it, all officers joining the Bureau would be required to adhere to a strict "Code
of Conduct and Ethical Behaviour", which would form part of an officer's Conditions
of Service. This Code is reproduced as an Appendix to this Report.
In order to achieve the Bureau's objectives, it was decided to adopt a
"Three-Pronged Attack on Corruption" which would follow closely the functions
mandated to it in the Corrupt Practices Act. This strategy has been utilised very
effectively in other parts of the world where there have been anti-corruption initiatives
and is therefore well tested. This includes Corruption Prevention; Civic Education and
Investigation and Prosecution.
Such a strategy is innovative in Malawi to the extent that, prior to
the enacting of the Corrupt Practices Act, corruption was dealt with under the provisions
of the Penal Code where corruption was restricted to "official" corruption
involving Public Officers. Under the Penal Code, the penalties were very light and a
conviction did not exceed three years imprisonment. The Corrupt Practices Act recognises
that the practice of only investigating and prosecuting offenders can not on its own
properly address the serious problems of corruption. The Act now puts the additional
responsibility on the Bureau to take measures to prevent corruption and also to educate
people away from corruption. A mandatory prison sentence of not less than five years
exists for a conviction for corruption.
The establishment of the Bureau has come about in a time of rapid
change in Malawi's development. The new liberalised economy with enhanced regional
cooperation and trade which the people of Malawi now enjoy has brought with it a number of
negative aspects. Criminal elements within Malawi society have been able to take advantage
of the new liberalisation to move drugs, steal motor vehicles, engage in fraudulent
activities and launder money.
An increase in the cost of living brought about by inflation has
impacted on the ability of people, especially those at the lower end of the wage-earning
ladder, to make ends meet. People in positions of authority therefore are more likely to
take advantage of their official position to engage in corruption. Although poverty itself
is not a cause of corruption, poverty and greed (and some will say necessity) will
motivate people towards corruption, people who would not normally do so.
Recognising why people are corrupt therefore is the first step in being
able to tackle the problem. If people believe that the law is weak or, even if caught they
are likely to be lightly punished, then they will engage in corruption. Weak leadership
from political and civic leaders, poor examples from the top, little or no religious
teaching will all contribute to enhancing corruption.
Public and private institutions which do not constantly keep a check on
their rules, practices and procedures are likely to become easy targets for corruption.
How can such huge sums of money be removed illegally from institutions unless their
built-in organisational features are weak? Poor and inept financial management and the
inability of managers and supervisors to genuinely exercise the level of control and
supervision commensurate with their positions all contribute to a lack of accountability,
transparency and an increase in crime.
The effects of uncontrolled corruption therefore are undeniably
negative. The rule of law and respect for human rights, which are at the very basis of the
new democracy, will be subverted if Judges, Magistrates and Police Officers tolerate
corruption. There will be little scope for development if there is a decline in revenue
brought about by corruption within our revenue-collecting agencies, Customs and Excise
Department, and Department of Taxes for example. This will only delay prosperity and
encourage poverty.
There are people in our community who believe that corruption can
distribute benefits and can get bureaucratic bottlenecks removed. But only the rich who
can afford to pay bribes will benefit. Those who cannot will rapidly lose confidence in
the government. The social and economic rights of those who cannot do so, the poor and
vulnerable, will be violated.
Tourists and entrepreneurs are unlikely to visit Malawi if they see it
as a haven of crime and corruption. Malawi's public image will be tarnished.
Public Officers, both those elected and those appointed, who act in
their own interest (or in the interest of those who pay bribes) and who openly misuse and
abuse their official position for private gain and advantage, will eventually contribute
to a reduction in government's ability to meet its developmental objectives which in turn
can lead to political instability with consequences which have become so prevalent on the
African Continent.
Efficiently discharging the functions of the Bureau therefore has
called for diligence, expertise, commitment, a proper and sound strategy and a recognition
of the dire consequences for failure. This is not something which can be rushed into.
In order to test the reaction of the people of Malawi to the
establishment of the Bureau, to find out what people thought of corruption, and to try to
discover which areas of Malawi society are more, or less, prone to corruption, the Bureau
ran a series of advertisements using both the print and electronic media. The exercise
began on a full scale in April 1997 and has been ongoing on a regular and systematic
basis.
As a result of this exercise 3,344 letters were received by the Bureau.
It was significant that these letters were posted from addresses in all parts of the
country. Clearly, the people of Malawi were expressing their willingness to share their
problems and concerns with the Bureau. As a result of the information obtained from these
letters, the Bureau was able to determine with a measure of accuracy how people perceived
corruption, and what their main areas of concern were.
What was apparent however was that people perceived corruption as being
anything wrong which impinged negatively upon them. Very few reports actually concerned
corruption in the legal sense and hence fell outside the purview of the Bureau. But an
attempt has been made to respond to every correspondent and, wherever possible direct the
complaint to the correct authority if appropriate.
THE ANTI-CORRUPTION BUREAU
P.O. BOX 2437
LILONGWE
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