Lack of autonomy cripples DCEC
Mpho Mokwape | Friday May 21, 2021 16:55
The DCEC, which has been in operation for 27 years and tasked with the main responsibility of investigating allegations of corruption and economic crime is reportedly facing challenges in fulfilling its mandate due to lack of autonomy from the government.
According to a 2020/2021 report complied by the civil society in the country to the African Peer Review Mechanism (APRM) and guided by the South African Institute of International Affairs (SAIIA) and the Botswana Council of Non-Governmental Organisations (BOCONGO) one of the main challenges in the fight against corruption is a lack of autonomy on the part of the DCEC.
“Unlike in other countries where anti-corruption units are independent agencies, the DCEC is a department under the Directorate on Public Service Management and it has to compete with other departments and agencies for much needed resources. This compromises its ability to execute its mandate,” details the report.
The report has also pointed out that the lack of autonomy as not only been felt by the public but the unit’s director general has also expressed his frustration with the situation, noting that while other law enforcement agencies such as the Directorate of Intelligence Services (DIS), have their own budgets and therefore, a semblance of autonomy, the DCEC does not.
The director general reportedly noted that while corruption continues to grow in the country, his organisation has not made any notable achievements for the past 10 years. More so that the position of director general of the DCEC has not been provided for in the Constitution and does not enjoy the same protection as High Court and Court of Appeal Judges, are other challenges.
The civil society also pointed that the director general may therefore, be relieved of his or her responsibilities at any time making it difficult for easy progress.
Leaders of opposition political parties have recommended that the position be entrenched in the Constitution and that the DCEC become an independent agency that reports directly to Parliament. Unfortunately, these suggestions have not been accepted by members of the ruling party.
Another challenge said to be faced by the DCEC is that it does not have the power to prosecute people who engage in corruption.
For instance, following an investigation, a dossier is prepared for the Director of Public Prosecutions (DPP), which then takes over from that point onwards. This results in delays before the start of a trial as cases keep going back and forth between the DCEC and the DPP, particularly when evidence is time-sensitive.
Meanwhile, on transparency and accountability, the report indicated that it should be clear that in a democratic society, government is based on the consent of the governed, therefore, transparency and accountability are key.
The civil society argued that the context of transparency and accountability depended on how well the public is able to access clear information about government, private sector and civil society activities, which they said in turn, increases citizen participation in the political process.
“Citizen participation rests on the establishment of mechanisms to evaluate the performance of public officials, the private sector and civil society institutions so that they may be held responsible for their actions,” said civil society.
The report noted that though historically, the country has demonstrated high levels of transparency and accountability, its performance according to several governance indicators over the last few years warrants serious discussion.
The civil society said efforts to enhance transparency and accountability could not be divorced from the role played by oversight institutions, such as the Office of the Auditor General that supplies the public with information needed to hold government accountable for the stewardship of public funds and assets.
The auditor general, whose position is protected by the Constitution, is required to conduct an annual audit of all public accounts, including expenditures of office holders, the courts and partially owned government entities or parastatals.
“Audit reports are submitted to the Minister of Finance and Economic Development who, in turn, must present them to the National Assembly. The auditor general may also report directly to the speaker in the event that the minister fails, for one reason or another, to table the reports before the National Assembly.
The civil society in its findings made recommendations that could improve accountability and transparency in government entities among others being that positions of Ombudsman and director general of the DCEC are entrenched in the Constitution so as to afford them greater autonomy.
Furthermore, the report says that the country should urgently consider adopting a right to information act and a media freedom act and consider joining transparency mechanisms like the Open Governance Partnership and the Extractive Industries Transparency Initiative.
These mechanisms could facilitate progress towards open, transparent, accountable and effective governance.