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CORRUPTION

CORRUPTION

Corruption:  is the giving of money, valuables or rendering a service to someone in return for a favour other than a casual gift.

 According to the Anti-Corruption Commission Act of Zambia, Corruption is defined as “Soliciting, accepting, obtaining, giving or offering gratification by way of a bribe or any other personal temptations or inducement or misuse and abuse of public office for personal gain or benefit.’’

 

A casual gift is any ordinary gift offered to a person inhospitable manner, without any demand for a favour.

Gratification means any corrupt payment made whether in cash or kind as a result of the corrupt misuse of public funds or property.

 

Forms of Gratification

  • Cash. This involves giving or accepting money in return for a favour.
  • Service ( kick back) it involves the rendering of a service in return for a favour
  • Payment in kind, where one demands a favour for an action done. E.g. demanding for sex in return for employment offer.
  • Loans and advances. This involves a corrupt payment in form of a loan or an advance salary

AII involves forms of violation of human rights and lack of transparency and accountability in the use of public funds and resources.

CATEGORIES OF CORRUPTION

Petty Corruption

  • Widely practiced in Zambia and usually involves small payments called bribes.
  • A bribe is an offer or money offered to obtain favour. (nchekelako).

 

Grand Corruption

  • Involves substantial amounts of money.
  • It is usually practiced by high-level officials and associated with awarding government contracts

Political corruption

  • It is associated with the electoral process.
  • It is usually practiced by those contesting political power.

 For example:

  • Donation of money to influence the voters choice
  • Cash or material distribution to influence voters
  • Provision of beer, to influence voters choice
  • Provision of services e.g. road maintenance at the time of elections

 

Social Causes of Corruption

  • Personal greedy and dishonest
  • Leaders in key positions are not capable of inspiring and influencing the conduct of the highest moral standards
  • Weak enforcement or absence of code of conduct
  • Punishment for offenders is weak
  • Large numbers of people compete for insufficient services e.g. few schools places

 

Economic cause of corruption

  • Shortages of goods and services
  • Unequal distribution of wealth and resources
  • Awarding of government loans to some preferred individuals at the exclusion of others
  • Low salaries and wages in comparison to the cost of living
  • Poverty, when people are poor they are desperate a

 

OTHER CAUSES THAT LEAD TO CORRUPTION AND RELATED CRIMES

  • Unnecessary Long procedures ( red Tape) may demand a kickback in return for an action
  • Lack of political will: Some governments lack the political will to deal with corruption firmly.
  • Lack of transparency and accountability: when a government lacks checks and balances, there is mismanagement and misuse of public funds
  • Abuse of power: if there’s excessive power in the hands of an individual may hinder investigations in corrupt practices.
  • Lack of independence of the Judiciary: Courts may not act independently on matters of corruption.
  • Public Reaction: The public thinks corruption is normal because of the economic hardships.
  • Lack of press freedom: Government-owned media in Africa is not free to expose corrupt activities in their own countries

 

EFFECTS OF CORRUPTION

 

  • Birth of capitalist policies- makes few corrupt officials rich at the expense of Society
  • Awarding of job to unqualified Personnel enables those who pay bribes to win favors to which they are not entitled. This causes widespread bitterness on deserving personnel or groups.
  • Loss of respect for the rule of law Interferes with enforcement of the law and respect for the rule.
  • Low standard of living- perpetuates human suffering through escalating poverty levels of the ordinary citizenry
  • Hampers Economic Development Corrupt nation never prospers economically as it will always have high debt and become impossible to save.

 

IMPACT OF CORRUPTION IN ZAMBIAN SOCIETY

 

The corruption scourge has had a negative impact on Zambian Society. High Levels if corruption inflates prices of goods and services. This has brought untold misery to many people particularly the poor.

AFFECTED AREAS ON CORRUPTION

Law enforcement Agencies:  Police have sometimes failed to maintain law and order because of corruption.

The Judicial System:  Corrupt practices prevent justice. Case records disappear, trials are delayed and the outcome of cases no longer depends on the sufficiency of the evidence available.

Electoral process: Leaders and political parties who do not deserve to win the elections may come into power because they dish out money and materials

Security of the Nation: Offices like the immigration Office allow alien criminals with ill intentions to enter Zambia.

The Economy:   There are money laundering activities, tax evasion, and other economic issues which lead to economic instability.

Education System: Bribes are paid in whatever form by candidates to be admitted into a learning institution of learning instead of being admitted on merit.

Administration of land matters: land has usually been unfairly distributed especially by the ministry of Lands and council officials. As a result, unplanned or prohibited settlements are a common sight in most urban areas in Zambia.

Government Purchases: Tender procedures are may sometimes not be followed when awarding contracts. Potential suppliers are being disqualified simply because they have not received a bribe from them.

 

INSTITUTIONS INVOLVED IN THE FIGHT AGAINST CORRUPTION

Anti-Corruption Commission (ACC)

Anti-Corruption is the official institution established by the government to fight corruption. It was established in 1980 and became operational in 1982. The ACC is an Autonomous Body.

Autonomy: means self-governing

The Anti-Corruption Commission 

   Uses the following methods in its fight against corruption

Corruption Prevention

The Commission examines practices and procedures in private and public sectors to facilitate the discovery of corrupt practices. It also ensures that any work, methods, or procedures prone to corruption are revised. The Corruption Prevention Department (CPD) conducts managerial accountability Workshops in both public and private institutions.

Community Education

The community Relations Department is responsible for educating the community on matters relating to corruption. In this way the department reveals evils and dangerous effects of corrupt practices on society.  

Investigation and Prosecution

Commission receives and investigates complaints of suspected corrupt practices and where evidence is established, prosecution follows.

 

OTHER GOVERNMENT INSTITUTIONS INVOLVED IN THE FIGHT AGAINST CORRUPTION

Zambia Public procurement authority

(ZPPA) Was established in 1983 as Zambia National Tender Board

The objective

  • To control and regulate the procurement of goods and services in government ministries and departments s well as parasternal organizations.
  • The board ensures that procurement is done in a transparent and accountable manner.

Parliament

The role of the parliament is to make laws and play a watchdog role in providing checks balances. E.g. the Public Complaint Committee scrutinizes the auditor General's Reports on misuse, misapplication, and embezzlement of public funds.

 

Auditor General’s Office

The office is charged with the responsibility of ensuring that public funds allocated to parliament are expended for the intended purpose. The Auditor general’s office audits accounts relating to the general revenue of the republic.

 

Investigator General’s Office

The investigator General is also known as Ombudsman. He is the head of the Commission for investigations. The Investigator General works with a team of officers who carry out investigations on complaints about corruption. After the investigation is complete, the investigator General advises the police or the court on the action to take.

Anti- Money Laundering Unit

This is under the Department of Drug Enforcement Commission. It was established in 2001 to monitor and investigate money laundering activities in Zambia.

Money laundering is the act of receiving, possessing, concealing, disguising, disposing of or bringing into the country any property money inclusive derived or realized directly or indirectly from illegal or criminal activities.

 

Zambia Police

The Zambia police have been charged with a very important role of in the fight against corruption. The police investigate and arrests people involved in corrupt practice

 

CIVIL SOCIETY ORGANIZATIONS INVOLVED IN THE FIGHT AGAINST CORRUPTION

Foundation for Democratic Process (FODEP)

It was established in 1991 with the objective of promoting democracy in Zambia through programs of Civic Education and promotion of human rights and election Monitoring.

 

Transparency International Zambia

The overall objective is to develop sustainable capacity in the Civil Society, Media, public and private sectors, in order to effectively fight corruption and promote high integrity and good governance in Zambia.

 

National Movement against Corruption (NAMAC)

The movement has embarked on a wide campaign for the eradication of corruption in Zambia. It demands high levels of integrity, transparency and accountability and seeks genuine participation in the affairs of our nation.

 

Media

The role of the media is to dig deeper and carry out research on any cases of corruption. This is called investigative journalism. They investigate corrupt practices and present findings to the public

  • Investigative Journalism- Mean’s a careful inquiry into work of writing for edition and publications.

 

Individuals, Groups in Society must fight against Corruption

The following are some of the ways by which individuals and groups can participate in the fight against corruption:-

  • By changing their attitudes from tolerance to total rejection of corruption
  • Accessing information on procedures on how to deal with corruption cases
  • Reporting Corrupt Officers to institutions that are combating corruption e.g Police. Anti-corruption Commission and Transparency International.
  • Supporting the organization fighting corruption
  • Society must demand integrity and a high sense of morality from public office bearers
  • They must not keep silent when they feel a corrupt practice has been committed

 

SAMPLE QUESTIONS

  1. What is Corruption?
  2. Describe the types of Corruption.
  3. State the causes of Corruption
  4. Describe the effects of Corruption on the Zambian people.
  5. Illustrate the role played by institutions that fight against corruption in Zambia.
  6. Identify the role of public officers, the community, and the youth in fighting corruption
  7. Mbita was arrested for using various forms of gratification in order to corrupt people.

Give any examples of the gratification which he could have been using in his activities.

  1. The media has an important role in the fight against corruption.
  2. Identify the roles the media can use to fight corruption.
  3. Mention two ways of adopting the constitution in Zambia and which one do you think is the best.






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