Example Example Example

CORRUPTION
Introduction:

Corruption encompasses the giving of money, valuables or rendering of a service to

someone in turn for a favour. It involves the abuse of public office and public resources
for personal gain. It does not involve the casual offering of a gift.

Corruption is a form of dishonesty or criminal offense undertaken by a person or

organization entrusted with a position of authority ,to acquire illicit benefit or abuse
power for one’s private gains.

Corruption may include many activities including bribery and embezzlement ,through it
may also involve practices that are legal in many countries [1] political corruption occurs
when an office –holder or other governmental employee acts in an official capacity for
personal gain.

The Anti Corruption Act of Zambia, No, 3 of 2012 defines corruption as corrupt”
means the soliciting, accepting, obtaining, giving, promising or offering of a
gratification by way of a bribe or other personal temptation or inducement, or the
misuse or abuse of a public office for advantage or benefit for oneself or another
person, and “ corruption ” shall be construed accordingly;

‘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.’ Other definitions of corruption include the following:

• An Act or practice marked by dishonesty and abuse of one’s position or power.

• Giving money a service or anything valuable in return for a favour.
• Abuse of one’s official position for personal gain or benefit.
• Misuse of public office for personal or selfish gain.

Definition

Corruption is an unethical , fraudulent and unfair conduct of an

individual in an institutional office.

Foams of corruption

There are different forms of corruption. However, all forms of corruption involve human
rights violations and lack of transparency and accountability in the use of public

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authority and resources. The following are some of the most common forms of
corruption:

1. Bribery –
persuade somebody with enticement: to give somebody money or some other incentive to
do something, especially something illegal or dishonest
• for example, Cash is the most common form of Bribery as it involves giving or
accepting money in return for a favour.

2. Fraud

the crime of obtaining money or some other benefit by deliberate deception.

3. Collusion –
work secretly with somebody: to cooperate with somebody secretly in order to do something illegal
or undesirable

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4. Theft

Theft is the act or crime of stealing. The most common types of theft are;
Embezzlement and Graft .

A. Graft - corrupt actions of official: the use of dishonest or illegal means to gain
money or property by somebody in a position of power or in elected office.

B. Embezzlement - misuse entrusted money or property: to take for personal

use money or property that has been given on trust by others, without their
knowledge or permission

5. Nepotism

This is the favoritism shown by individuals in power to relatives and friends, especially
in giving business contracts, job opportunities or job promotions. For example, the
appointment of first lady of Ghana as a cabinet, minister by president Nana Akufoado,
the appointment of his daughter as diplomate by president Lazarus Chakwela of
Malawi, etc.

6. Influence peddling.

This is the special advantage that an individual or a group of people exercises directly or
indirectly to sway and upset other people's thinking and decisions by means of wealth,
social status, leadership position, argument, example, or force of personality. thus,
decisions are made on the basis of fear or favor . for example, the threats by President Edgar
Lungu on the Constitutional Court judges.

7. Extortion

getting something or the acquisition of something through the use of force or threats.
For example, the demand for cash payments by political party cadres or supporters in
bus stations, bus stops, markets, etc.

8. Administrative corruption (Institutional Corruption)

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 This is an aspect of an organized, procedural, well-planned, in-
house and illegitimate and unfair undertaking by an
organizational leadership through the use of institutional
resources, assets, facilities, privileges or conditions of service by
the leadership in an institution outside the work place for purely
direct or indirect personal gain. For example, the awarding of
heft salaries by senior public servants , allowances, the
auctioning of public assets to themselves, the selling of land plots
by senior public servants to themselves etc.

This is the corruption that involves the system, institution and

its human resource in a bureaucracy.

9. Political corruption

This kind of corruption is associated with the electoral process. It is usually

practiced by those contesting for political power. Examples include the
following:

(i) Donation of money to influence the voters’ choice.

(ii) Patronage, violence against the opposition leaders, unfair application of

state legislation, commission of development programs prior to
elections.

(iii) Cash or material distribution to influence voters, during the elections

period, most political parties distribute chitenge materials, food stuffs, T-
shirts and other things in order to win the voters’ support.

(iv) Provision of beer, to influence voters’ choice.

(v) Provision of services such as of electricity, water supply and road

maintenance at the time of elections.

(vi) Companies sponsoring political parties in order to win favours for their
businesses should such parties come into power.

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 10. Undue advantage (intangible corruption)

This is a practice of soliciting, offering or inducing undeserving

intangible service and benefit during the application and
interpretation of an institutional policy or law. It involves and
includes practices such as; Sexual favors, academic service, medical
service, hospitality service etc.

- Service gain, which is commonly known as a ‘kick back’. This is usually

involves the rendering of a service in return for a favour.
- Payment in kind, where one demands a favour for an action done. For
example someone may abuse his or her official position for personal gain or
benefit such as demanding for sex in return for an employment offer.
- Loans, and advances, which involve corrupt payment in form of a loan or an
advance. Such an action is characterised by misuse of public office for
personal or selfish gain. Commissions, which are given as an ‘appreciation
fee’ for winning a contract.
Magnitude (Extent) of Corruption

• Petty Corruption

This type of corruption is widely practiced in Zambia and usually involves

minimal individual benefits . A local term commonly used to refer to this type
of corruption; “kudymo“, “nipangeko”, siyako iliyonse”or ‘Nchekelako’ or give
me a share as well.

• Grand Corruption

This type of corruption involves substantial amounts of benefits or deals. It is

usually practiced by high ranking Government officials. Such corruption is
associated with deals made for favors in awarding government contracts, public
appointments or privatization of government owned companies or assets. A good
example, is what came to be known as “State capture” in south Africa, while In
Zambia such examples includes the 51 miracle houses built in Chalala Lusaka,
the 42 fire trucks, honey bee medical scandal, etc, during the reign of the PF
Government.

Causes of Corruption

The causes of corruption can be grouped into the following categories.

Social causes

• Personal greed and dishonest

• Leaders in key positions are not capable of inspiring and influencing conduct of the
highest moral standards.

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• Weak enforcement or absence of code of conduct.
• Punishment for offenders is weak.
• Large numbers of people compete for insufficient services like few school places.

Economic

• Shortages of goods and services.

• Unequal distribution of wealth and resources.
• Allocation of government loans to some preferred individuals at the exclusion of
others.
• Low salaries and wages in comparison to the cost of living.
• Poverty.

Other Causes of Corruption and Related Crimes

• Unnecessary Long Procedures (red-tape): Some procedures that officers are expected
to follow in work places may unnecessarily be too long. The officers may take
advantage of such delays to demand kick backs for fast action.

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• Lack of Political Will: Some governments lack political will to deal with corruption
firmly.

• Lack of Transparency and Accountability: If a government lacks checks and

balances, there is mis-management and misuse of public funds.

• Abuse of Power: If there is excessive concentration of power in the hands of an

individual, he or she may hinder investigations of corruption practices.

• Lack of Independence of the Judiciary: Courts may not act independently on matters
of corruption if they are influenced by outside forces such as the Executive.

• Public Reaction: The public view about corruption plays a very important role in
fighting corruption. In Zambia, corruption is tolerated by some people who think it
is normal because of the economic hardships.

• Lack of Press Freedom: The media plays an important role in exposing cases of
corruption. The media should investigate corrupt practices.

Effects of Corruption:

The effects of corruption are very unpleasant and devastating on any given society.
Corruption has led to political uprisings or coups in most African countries. It is
therefore important that timely and effective action is taken to fight the scourge.

The following are some of the most common effects of corruption in society:

(i) makes those involved rich at the expense of ordinary citizens.

(ii) enables those who pay bribes to benefit in areas which without being
corrupt they would not.
(iii) causes widespread bitterness in those who cannot pay or refuse to pay for
favours when they see those who do pay being favoured.
(iv) distorts standards because it enables those who are less deserving to
reach goals ahead of those of greater merit.
(v) interferes with the enforcement of the law and respect for the rule of law.
(vi) perpetuates human suffering through escalating poverty levels of
ordinary citizens.
(vii) hinders a country’s economic development. A corrupt country will never
prosper economically as its resources are not properly utilised.

The Impact of Corruption on the Zambian Society

Corruption can have a negative impact on the Zambian society. Generally, It can cause
a lot of injustice and unfairness. Such acts can cause a lot of damage to the country’s
resources. High levels of corruption may inflate prices of goods and services. This can
bring about untold misery to many people particularly the poor.

The following are some of the affected areas:

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• The Law Enforcement Agencies

It is the duty of the Police in any country to maintain law and order. When the
police fail to maintain law and order because of corruption. Consequently, citizens
can take the law into their own hands.

• The Judicial System

When court officials get involved in corrupt practices, justice is interfered. Case
records disappear, trials are delayed and the outcome of cases no longer depend
on the sufficiency of the evidence available, but on the amount of bribes that can
be offered. Therefore, justice is denied.

• The Electoral Process

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 Sometimes vote buying takes place during the election period. Different political
parties usually give money and other materials strategies for purpose of winning
favours from the voters. This results in leaders and political parties who do not
deserve to win the elections coming into power.

• Security of the Nation

When, corruption takes place in offices such as the National Registration Office,
Passport Office and Immigration Office, criminals with ill intentions may enter the
country. Such people may endanger the security of the nation.

• The Economy

The impact of corruption on the economy is clearly seen in money laundering

activities, tax evasion, and other economic crimes which lead to economic
instability. This deprives the country of revenue and scares away investors.

• The Education System

When bribes in whatever form are paid by candidates to be admitted into institutions
of learning such as colleges and universities instead of gaining admission on merit,
even those who do not deserve are admitted. This results in the production of under-
qualified graduates, and this has a negative impact on the economic development of
the country.

• Administration of Land Matters

Some people pay officials bribes in order to get land illegally. This has led to unfair
distribution of land. As a result, unplanned or prohibited settlements are a common
sight in most urban areas in Zambia.

• Procurement of Goods and Services

The procurement of goods and services has not been free of corruption. Tender
procedures may sometimes not be followed when awarding contracts. A purchaser
or buyer may disqualify potential suppliers simply because he or she has received a
bribe to favour certain suppliers. Similarly, the supplier may offer a bribe in order
to receive favours from the purchaser.

The Fight Against Corruption

State Institutions involved in the Fight Against Corruption

The Anti Corruption Commission (ACC)

The Anti Corruption Commission is the official institution established by
government to fight corruption. In Zambia, the Commission was established
through the Corrupt Practices Act No. 14 of 1980 and became operational in 1982.
The act was repealed in 1996, 2010 AND 2012and was replaced by the Anti
Corruption Act of Zambia, No, 3 of 2012which came into effect on12th April, 2012.
The ACC is an autonomous corporate body. This autonomy means that duties

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should not be subject to the direction or control of any person or authority. It also
implies that instead of reporting to the president, as it used to be the case under the
repealed Act, the ACC reports to the commissions board. The Anti Corruption
Commission Board comprises five (5) members who direct the work of the
commission.

The Anti Corruption Commission uses the following methods in its fight against
corruption.

(a) Corruption prevention.

(b) Community education.
(c) Investigations and prosecution.

Corruption Prevention

The commission undertakes necessary and effective measures to prevent

corruption in the public and private sectors. The commission examines practices
and procedures of these sectors to facilitate the discovery of corrupt practices. It
also ensures that any work, methods or procedure prone to corruption are revised.

In order to strengthen this strategy, the Commission’s Prevention Department

(PD) conducts managerial accountability workshops in both public and private
institutions. The workshops are aimed at establishing standards for accountability
within the institutions.

Community Education

The commission’s Community Relations Department (CRD) is responsible for

educating the community on matters relating to corruption. In this approach, the
department reveals evils and dangerous effects of corrupt practices on society. In
order to reach the community, the department uses methods such as radio and
television programmes, public lectures, workshops, production and distribution of
pamphlets, newsletters, posters, T-shirts, fliers and booklets. In addition, the
commission has also spearheaded the formation of anti corruption clubs in most
schools in Zambia.

Investigations and Prosecution

Under this approach, the commission receives and investigates complaints of

suspected corrupt practices and where evidence is established, prosecution
follows. However, the Director of Public Prosecutions has to instruct the
commission to go ahead with prosecution, or not. Through this approach, the
commission is also mandated to investigate any conduct of any public officer who
may be connected with corrupt practices.

Other Methods of Fighting Corruption

Other than the methods explained above, the commission’s general fight against
corruption is enshrined in the slogan ‘promote integrity, say no to corruption.’ In
this slogan, the commission urges the general public to give maximum support to
the Anti Corruption Commission in the fight against corruption. The entire

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 Zambian citizenry is urged to promote integrity. That is, everyone has a legal
obligation to report any corrupt act to the Anti Corruption Commission.

Other Government Institutions Involved in the fight Against

Corruption

Apart from the Anti Corruption Commission, there are several other institutions that
have been charged with the role of enforcing the law on corrupt related vices. Some of
them include the following:
(a) A) Zambia Revenue Authority
the Zambia Revenue Authority established under the Zambia Revenue
Authority Act of 1993. The main function is to collect revenue inform of
taxes, duties, fees, levies, fines or other monies charged or collected
pursuant to the laws specified . However, the authority fights against
smuggling, misclassification, undervaluation and document falsification
which are all foams of corruption.
(b) the Financial Intelligence Centre
the Financial Intelligence Centre was established under the Financial Intelligence
Centre Act of 2010, and the act was amended in 2016.
THE MAIN FUNCTION IS THE PREVENTION OF MONEY LAUNDERING, TERRORIST FINANCING AND OTHER SERIOUS
OFFENCES

• Using Internal programs to combat money laundering, financing of terrorism and

other serious offences, through ongoing due diligence, Special monitoring of certain
transactions, Protection of identity of persons and information relating to suspicious
transaction reports, Exemption from liability for good faith and reporting of suspicious
transactions.

(c) Parliament

The role of parliament is to make laws. However, Parliament also provides checks
and balances of the Executive and the Judiciary. For example, the Public Accounts
Committee scrutinises the Auditor General’s Reports on misuse, misapplication and
embezzlement of public funds. The committee can make recommendations to the
Executive for action.

(d) Auditor General’s Office

(e) The Auditor General’s Office is provided for under Article 249of the
Republican Constitution. The office is charged with the responsibility of ensuring
that public funds allocated by parliament are used for the intended purpose. The
Auditor General’s Office audits accounts relating to the general revenue of the
Republic, the expenditure of monies apportioned by parliament, the Judicature, the
accounts relating to the stocks and stores of the government and accounts of state
owned enterprises and corporations. The Auditor General prepares and submits
audit reports of government accounts for each financial year to the President who in
turn presents them before the National Assembly. The reports are scrutinised by the
Parliamentary Public Accounts Committee before they are debated in Parliament.

Anti-Money Laundering Unit

(f)
This is a department of the Drug Enforcement Commission. The unit was

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 established in 2001 by an act of parliament 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 (which includes money and any item) derived or realised directly or
indirectly from illegal or criminal activity. The act provides for the disclosure of
information on suspicion of money-laundering activities by supervisory authorities
and regulated institutions. It also authorises the seizure of property of persons
convicted of money laundering. In addition, the act provides for international
cooperation in investigations, prosecution and other related legal processes
concerning prohibition and prevention of money laundering activities.

(g) The Zambia Police service

The Zambia Police service is provided for under Article 193 of the Republican
Constitution. The Police Service has been charged with a very important role in the
fight against corruption. Within this establishment, the Police Professional
Standards Unit was charged with the responsibility of dealing with police abuse and
corrupt practices in the system.

(h) The office of the public protector

The office of the public protector is provided for under Article 243 of the
Republican Constitution. The office is charged with the responsibility to investigate
an action or decision taken or omitted to be taken by a State institution in the
performance of an administrative function and an action or decision taken or
omitted to be taken is an action or decision which is; unfair, unreasonable or illegal,
or not compliant with the rules of natural justice. The office of the public protector
may bring an action before a court, hear an appeal by a person relating to an action
or decision taken or omitted to be taken in respect of that person, And, make a
decision on an action to be taken against a public officer or Constitutional office
holder, which decision shall be implemented by an appropriate authority.

(i) Zambia Public Procument Authority

Zambia Public Procument Authority (ZPPA) was established in 2007. The objective
was to control and regulate the procurement of goods and services by government
ministries and departments as well as parastatal organization’s. The Authority is
made up of an Inspectorate Unit that monitors contracts placed by itself, government
departments and parastatal bodies. Zambia Public Procument Authority ensures that
the procedure in the procurement system is done in a transparent and an accountable
manner.

Civil Society Organisations Involved in the Fight Against Corruption

Civil society organisations also play an important role in promoting integrity,

transparency and good moral behaviour in public and private institutions. Some of these
organisations were exclusively established to deal with corrupt practices in public and
private institutions. The following are the most prominent and established civil society
organisations that deal with corruption issues:

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 - Foundation for Democratic Process (FODEP)

The Foundation for Democratic Process (FODEP) is one of the oldest civil society
organisations in Zambia. It was established in 1991 with the objective of promoting
democracy in Zambia through programmes of civic education and promotion of
human rights and election monitoring. However, FODEP also focuses on Anti
election corruption activities under its Community Activities Programme: Thus
FODEP conducts awareness programmes by educating the public on corruption in
the electoral process, and the need for electoral reforms to enhance democracy and
free and fair elections.

- Transparency International Zambia (TIZ)

Transparency International Zambia (TIZ) was established in June 2000. It was

formally registered in January 2001 and officially launched on 20th July of the same
year. TIZ is a Zambian chapter of Transparency International (TI) with an exclusive
focus on corruption. The overall objective of TIZ is to develop sustainable capacity
in the civil society, media, public and private sectors. This is to effectively fight
corruption and promote high integrity and good governance in Zambia.
Thus, the main goal of TIZ is to contribute to the reduction of corruption through
the following objectives:
a) creating interest among stakeholders and encouraging them to appreciate the
concept of collective responsibility.
b) undertaking research on various aspects of corruption, good governance and
integrity.
c) advocating and lobbying for zero tolerance towards corruption in society.

- National Movement Against Corruption (NAMAC)

The National Movement Against Corruption (NAMAC) is another non partisan

organisation involved in the fight against corruption. The movement was officially
launched in March, 2002. Its motto is “Working together for a corruption free
Zambia ”.

NAMAC is a loose alliance or coalition of civil society and government institutions.

In particular, Integrity Foundation Zambia (IFZ) in collaboration with the Anti
Corruption Commission (ACC) and the Governance Development Unit of the
Ministry of Legal Affairs, took a lead in the formation of NAMAC. The movement
has embarked on a wide campaign for the eradication of corruption in Zambia. It
demands high levels of integrity, transparency, accountability and seeks genuine
participation in the affairs of our nation.

- Young African Leaders Initiative

- Governance Advocacy and Election Literacy Initiative

- Southern African Construction of Resolution and Disputes

- Alliance For Community Action

- Political Parties

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 - The Media

The media has a very important role to play in promoting good governance and
controlling corruption. The print media, television, radio and the internet, inform
the public about important things we need to know in order to function effectively
within our societies. The role of the media is to dig deeper and carry out research
on any cases of corruption. This is called investigative journalism. They should
investigate corrupt practices and present the actual findings to the public.

Individuals and Groups in Society that fight against Corruption

Individuals and groups can participate in the fight against corruption by:

• changing attitudes from tolerance to total rejection of corruption.

• accessing information on procedures of how to deal with corruption cases.
• reporting corrupt officers to institutions that are combating corruption e.g. Police,
Anti Corruption Commission, Transparency International.
• Supporting organisations that are fighting corruption.
• demanding integrity and high sense of morality from public office bearers.
• not keeping silent when they feel a corrupt practice has been committed.
• encouraging development of institutions, laws and practices to ensure that
responsible citizens report corrupt instances without fear of victimisation by
perpetrators.
• allowing a free press.
• taking responsibility for their actions.
• Knowing the procedures on how to acquire services.

Glossary
A casual gift: is an ordinary gift offered to a person in a hospitable and modest manner,
without any demand for a favour in return.

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

A bribe: is an offer of money or any other gift given or offered to obtain favour or to
persuade someone to help through dishonest means.

Scourge: means cause of suffering.

Investigative Journalism: means careful and thorough inquiry into hidden issues for
edition and publications.

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