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| Minister of State in the President's Office, Public Service Management and Good Governance George Simbachawene: Photo: Courtesy |
The
proposed amendments to the 2024 Anti-Corruption Act seek to expand the scope of
corruption offenses and penalties to cover elections, sports, gambling, and
entertainment. This bold move aims to empower the Prevention and Combating of
Corruption Bureau (PCCB) to tackle corruption within these critical
sectors.
Yesterday,
September 2nd, 2024, George Simbachawene, Minister of State in the President's
Office, Public Service Management and Good Governance, unveiled the bill in
Parliament. Simbachawene underlined that these amendments are pivotal for
boosting the bureau's ability to protect integrity and fairness across
elections, sports, gambling, and entertainment.
"The
purpose of these amendments is to empower the anti-corruption body to work more
efficiently in these areas, ensuring that integrity and justice are upheld in
elections, sports, gambling, and entertainment," Simbachawene stated. He highlighted
the importance of these changes in maintaining public trust and transparency
across these sectors, which are increasingly scrutinized for corrupt
practices.
One
of the key highlights of the bill is the introduction of a specific offense for
sexual corruption, with penalties ranging from a fine of not less than Sh 2
million to Sh 10 million or imprisonment for not less than five years.
The bill's clause 25 explicitly makes it a
crime for anyone in a position of authority to demand sexual favors or any
other type of favor as a condition for providing employment, promotion, rights,
or any other form of advantage.
Moreover,
the clause makes it illegal for anyone to promise or offer sexual favors or any
other kind of advantage to someone in authority, aiming to influence that
person to grant employment, promotion, rights, or any other benefit. These provisions
represent a significant step forward in addressing the issue of sexual
corruption, which has been a growing concern in Tanzania.
However,
during the parliamentary session, Mashimba Ndaki, a member of the Parliamentary
Committee on Administration, Constitution, and Law, conveyed the committee's
observations and the public's reactions to the bill.
He noted that the proposed amendment,
particularly the addition of clause 25(1)(b), has sparked negative reactions
among stakeholders, civil society organizations, and activists in the media and
on social networks.
"Many
stakeholders have expressed concerns that this clause could deny victims of
sexual corruption their rightful justice and might shield the perpetrators of
such acts," Ndaki reported. He added that the committee found that the
proposal is partly derived from international and regional agreements.
Article
15(a) of the United Nations Convention directs member states to enact laws
against soliciting sexual bribes. In contrast, Article 4(1)(b) of the African Union
Convention on Preventing and Combating Corruption similarly mandates member
states to criminalize the solicitation of sexual favors.
Furthermore,
Article 3(b) of the SADC Protocol Against Corruption requires member states to
enact legislation criminalizing the solicitation of sexual favors. This global
context has influenced the Tanzanian government's decision to include these
provisions in the new bill.
Ndaki
also highlighted that Zanzibar, through its House of Representatives, has
already criminalized the solicitation of sexual favors under Section 52 of the
2023 Anti-Corruption and Economic Sabotage Act. This law explicitly makes it an
offense to solicit sexual bribes, setting a precedent that the mainland is now
following.
The
committee was satisfied that Section 15 of the existing Anti-Corruption Act,
Cap. 329, already defines it as an offense for any individual to offer or
promise to offer any kind of bribe to gain any favor, which would constitute an
act of corruption.
However,
to further emphasize the severity of such acts, the committee recommended
increasing penalties under Section 25 of the law. The proposed changes include
raising the upper limit of fines from Sh 5 million to Sh 10 million and
extending the maximum prison sentence from three years to ten years. This move
is intended to deter individuals in positions of authority from succumbing to
the temptation of granting any form of favor in exchange for sexual or other
types of bribes.
These
amendments reflect the government's commitment to tightening the legal
framework against corruption, particularly in areas prone to abuse of power. If
passed, the bill will mark a significant shift in Tanzania's anti-corruption
efforts, particularly in addressing the pervasive issue of sexual corruption.