ll. Findings of the CRM
Legal and institutional framework for combating corruption
414.
At its various consultative meetings across Tanzania, the CRM found that corruption remains a major problem,
despite recent successes. There was an appreciation of the fact that Tanzania Presidents, going back to President
Nyerere, have continued to place a high premium on combating corruption in the country. Participants at the
meetings described the 1996 Report of the Warioba-led Commission against Corruption as a milestone in the
fight against corruption.
415.
As is the case elsewhere in the world, corruption in Tanzania cuts across various sectors of state and society.
In Tanzania, the most affected sectors and institutions range from public procurement, police and the lower
judiciary, to tax offices and natural resource management. The CRM was also told during stakeholder meetings
that with liberalisation, bureaucratic and political corruption is on the rise, involving partnerships between
businessmen/women, politicians, and civil servants.
416.
The national legal framework for the anti-corruption war is robust and consists of the following: (i) the 1971
Prevention of Corruption Act; (ii) the 2001 Public Finance Act; (iii) the 2002 Public Services Act; (iv) the 2004
Procurement Act; and, (v) the 2007 Prevention and Combating of Corruption Act amending existing legislation
for the implementation of the United Nations and African Union Conventions against corruption. There is also the
Public Leadership of Ethics Act.
417.
The anti-corruption institutional framework is made up of a number of anti-corruption agencies. They include the
Prevention and Combating of Corruption Bureau, the Good Governance Coordination Unit, the Ethics Inspectorate
Department, the Controller and Auditor-General, and the Office of the Minister of State in the Presidency to
coordinate government’s anti-corruption activities. Table 3.6 itemises the major anti-corruption agencies
and institutions in Tanzania and offers brief descriptions of their functions. The institutional framework of the
government’s anti-corruption activities is complemented by those of civil society organisations and NGOs, such
as the Policy Forum and the Research on Poverty Alleviation, and the media.
Table 3.6: Key Anti-Corruption Agencies in Tanzania
Anti-Corruption Agency
Description
1. Prevention and Combating of Corruption Bureau
Investigation and prosecution of corruption, with the approval
of the Director of Public Prosecutions; preventive measures
and public awareness building
2. Office of the Director of Public Prosecutions
Authority to approve corruption cases for prosecution
3. The Ethics Secretariat
Receives and oversees the declaration of assets and liabilities,
including conflicts of interests among elected public officials
and senior civil servants, in accordance with the Public
Leadership Ethics Act
4. The Inspectorate of Ethics
Internal body with mandate to control corruption within the
public service.
5. The National Audit Office
External auditor; presents annual audit report to parliament
6. The Commission for Human Rights and Good Governance
Successor to the Ombudsman.
7. Public Procurement and Regulatory Authority
External audits of parastatals
8. Public Procurement Appeals Authority
Independent mechanism to deal with the receipt and review of
complaints and appeals from bidders as a result of the public
procurement process
9. The Good Governance Coordinating Unit
Main focus is to coordinate anti-corruption initiatives.
10. Financial Intelligence Unit within Ministry of Finance
Associated with the Money Laundering Bill.
Source: http://Wogau_corruption_in-Tanzania.pdf (application/pdf Object)
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