THE MINISTRY of Justice recently launched the Commission for the Prevention of Corruption whose term of office is for seven years. This Commission is the body legislated by the Corruption Prevention Act, 2000 to receive, examine and record statutory declarations submitted by public servants; request other pertinent information relevant to the submission; make independent enquiries and conduct investigation relating to the submission; and receive and investigate complaints of corrupt acts. In November 1999, Jamaicans For Justice (JFJ) lobbied for the Commission to have the power to initiate the investigation of acts of corruption. This additional function is critical as it further strengthens the Commission's ability to identify and stamp out corruption.
It is important to note that the only public servants who must submit their annual statutory declarations are those who receive or earn emoluments in excess of the amount prescribed by the Minister of Justice. The amount that is now prescribed is $2 million. Members of Parliament, although required to submit annual statements, do so in accordance with the Parliament (Integrity of Members) Act. Otherwise, all other Sections of the Corruption Prevention Act apply to the Members of Parliament, as well as all citizens and residents of Jamaica. As an organisation, Jamaicans for Justice (JFJ) also lobbied for the Commission to be required to educate Jamaicans about corruption and its detrimental effects on our economy and other wider societal issues. Unfortunately, our legislators did not agree but many countries have recognised and demonstrated that this function is critical in winning the war against corruption.
Since the 1999 draft bill of the Corruption Prevention legislation, the bill was marginally improved in a number ways to the benefit of Jamaicans before its enactment into law. Some of the adopted amendments recommended by JFJ, Transparency International, the media and others include:
The removal of a clause that wanted to prosecute members of the media or any other person that publicised the act(s) of corruption under investigation by the Commission;
The amendment of a clause to require that the Commission either issue a summons in person or a substituted service ordered by the commission. This Act would ensure that the relevant individual received the summons and ensure the smooth progression of a hearing.
The removal of the restriction that only retired members of the public service could be members of the Commission. The amendment now allows for members to be drawn from the widest possible representation of our society.
JFJ also proposed that the Commission not only be seen to be but also in actuality operate independently of any Minister or Ministry because the body should be free of influence and interference. Unfortunately, the Act still mandates that the Minister of Justice after consultation with the Commission can make regulations pertaining to the execution of this act and these regulations include the manner in which enquiries are made, the amendment of declaration forms, the time period prescribed for the submission of information and defining the types of gifts and categories of relatives that are to be included in the statutory declarations. This is too much influence and it communicates that the Commission is a servant to the Minister's will. Further, we proposed that the commission should finance itself from funds that are obtained from an annual budget presented by the Commission to Parliament and not the Minister. This would ensure that the body would always be given the necessary funds and independence to fight corruption. This suggestion was not accepted and as such the Commission will be required on October 31 of each year to present to the Minister their budget for his approval for the coming year and that the funds for the commission will be got from time to time from Parliamentary approval.
In a further move towards true transparency we also recommended that the appointment and removal of the members of the Commission should be subject to a Parliamentary hearing. This would replace the constant act the Governor-General in consultation with the Prime Minister and the Leader of the Opposition to appoint members. Thus, Jamaicans would have an opportunity to see the members before their appointment and be cognisant of their individual skills and their relevance in order to operate an effective Commission. We also recommended a two-term limit for the four members of the five-member commission, with the Auditor-General being the only constant member. We felt and still feel that this would remove the possibility of corruption from within the Commission and also the phenomenon of 'group-think'.
Although we still maintain that our rejected recommendations would have created a much more effective law in order to defend the rights of Jamaicans in the elimination of corruption, the Corruption Prevention Act, 2000 is potentially more effective than the Act that it replaced and has very laudable goals. Where, the objects and reasons as set out by the then Minister of National Security and Justice was to meet the convention against corruption in governance by providing for the Bill to make provisions for registering income, assets and liabilities of public servants, specifying the acts of corruption that Jamaica has jurisdiction over and establishing a Commission for the prevention of corruption.
In recent times, the public has been grappling with the question of what is corruption and when is a person's act corrupt. This law (The Corruption Prevention Act, 2000) very clearly states and eliminates the need for guessing or hypothesising the definition or the various instances of corruption in Jamaica.
The Act clearly states that acts of corruption are:
If "a public servant corruptly solicits or accepts, whether directly or indirectly an article or money or other benefit for himself or another person for doing any act or omitting to do any act in the performance of his public functions;
In the performance of his public functions does any act or omits to do any act for the purpose of obtaining any illicit benefit for himself or any other person;
Fraudulently uses or conceals any property derived from such act or omission to act;
Instigating, aiding, abetting or is an accessory after the fact or participates in a manner to either commission, attempt to commission or conspire to commit an act of corruption;
Any citizen or resident of Jamaica or any body of one or more persons who grants, directly or indirectly, to a person performing public function in a foreign state, any article or money or other benefit, being a gift, favour, promise or advantage in connection with any economic or commercial transaction for any act to be performed by or for the omitting to do any act by that person in the performance of that person's public functions" (Corruption Prevention Act, 2000)
Among the other definitions given for the acts of corruption is two of particular relevance and they are:
"Any public servant who uses for his own benefit or that of a third party any property belonging to the Government or any statutory body or authority or any Government company or any body providing public services to which he has access as result of or in the course of the performance of his functions commits an act of corruption; and
Any public servant who owns assets disproportionate with his income and fails to provide a satisfactory explanation to the commission is liable for prosecution for the offence of illicit enrichment and prescribed penalties on conviction." (Corruption Prevention Act, 2000)
At a minimum, Jamaicans require the answers to these questions, it is no longer enough to announce a body, we want to know how the body is going to improve our lives and an action plan given on the manner this will be accomplished. The banner at the launch stated 'A New Era in Governance', we are hopeful that this will be Jamaica's reality. Mr. Chairman, we are giving you an opportunity to perform and as such we are patiently waiting and watching.
Comments to Jamaicans For Justice, 755-4524-6 or e-mail: ja.for.justice@mail.infochan.com.
