Chapter three: Democracy and good political governance
Justice and Human Rights and Correctional Services. Similarly, the OAG is not independent, but
operates under, and is housed by, the Ministry of Finance and Development Planning (MoFDP), is
funded through a budget determined by the minister of finance and development planning, and is
staffed through the PSC. More importantly, the OAG reports to Parliament through the minister of
finance and development planning.
80
ii.
Findings of the CRM
269.
Lesotho has in place the following laws which aim to combat the problem of corruption and ensure
accountability in the public sphere:
•
The Income Tax (as amended) Act 10 of 1993.
•
The Public Procurement Regulations, 2007.
•
The Public Service Act, 2005.
270.
This anticorruption legal framework does not appear to have achieved much. The findings of the
CRM confirm the concerns raised in the CSAR. Consultative meetings with various stakeholders
underscored the perception that corruption in the public sphere and beyond is deep, pervasive
and increasing. Nonstate stakeholders are the most virulent in their condemnation of the cancer
of corruption and unequivocally dismissive of the government’s efforts to combat it. During
interactions, individual interlocutors similarly deplored the entrenchment of corruption and its
detrimental impact on development and on public confidence in governance. Corruption undermines
administrative effectiveness and efficient service delivery. Most attribute the source of pervasive
corruption to greed at all levels of society and to half-hearted, ineffective measures to contend
with the problem.
271.
Research at the OAG and interaction with senior staff provided the CRM with evidence on the depth
and pervasiveness of corruption in the public sector, on some of the sources of corruption in such
sector, and on the weakness of anticorruption measures. There is a long history of inadequacy with
regard to the public accounts of the government, which has consequently attracted disclaimers for
over 30 years. Even the latest audited accounts for 2004/2005 and 2005/2006 also have an audit
opinion that is disclaimed. The report of the auditor general on the public accounts of Lesotho for
the two years ending 31 March 2006 reveals unacceptable findings across several ministries and
departments regarding noncompliance with government rules, regulations and procedures and the
potential for fraud and loss to the government. The CRM gathered that several public institutions,
statutory bodies and projects are either not submitting their accounts on time for auditing, or,
when submitted, the accounts are found not to be auditable.
272.
The auditor general’s report further finds that public accounts are not presented in accordance
with any defined standards such as International Public Sector Accounting Standards (IPSAS).
Consequently, there is lack of clarity in the presentation of the accounts. There is also a fundamental
problem with the management of government institutions’ bank accounts, in that most accounts
have not been reconciled for the past years. This casts significant doubt on the accuracy of the
figures reported in the Government of Lesotho Financial Information System (GOLFIS), which