The legal framework

“Fish begins to stink in the head.” The implication of this proverb is that corruption begins in the highest ranks of Government. So, if we want to, this is where we must stop it. The existing laws have not worked. And this, because we do not have independent and honest people at the top. Since corruption breeds only in the dark, we are left with no other choice but to enact laws which call for transparency of all government actions and visibility of our leaders. Governments have, in the past, enacted certain laws which pay lip service to transparency but they have made sure that there are loopholes through which they can jump when questions arise at to their honesty. There must be no more loopholes. There must not be any escape routes for political scamps. Now is time for open government. Now is the time for change.

Most people hide the things they are ashamed of or don’t want other people to know about. People would not put up with a lot of what is going on in government if they knew what was going on — the secrecy, the decisions driven by selfish motives, the quiet deals under the table, the millions government spends on themselves in high living while the poor continues to “ketch arse.” Government has lost touch with the little man. It doesn’t know what it is to be poor and it no longer cares. It has lost its humanity. “Nothing breeds appropriate behaviour faster than exposure to the light of public scrutiny.” This truth must become our watchword. Our laws must enshrine the right of the public to know how Government is conducting our business and how Government is spending our money.

First: The Constitution must be amended to enshrine the right of the people to know as a fundamental right with the only exception being matters of national security in times of external aggression or internal subversion; and in these cases the Court, sitting in camera, will be the final arbiter.
Second: The Freedom of Information Act must be amended to provide -
1) Every decision taken by Government or Statutory Body with the reasons for such decision shall be a matter of public information.
2) The status of every matter engaging the attention of Government or any Statutory Body before a decision is taken, shall be a matter of public information. No secrecy please, with the public knowing about it only when it is a “done deal.”
3) Every Government Department (Ministry or Statutory Body shall have an officer designated as its Public Information Officer to whom the public can go to for any information (except such information as is available at the Public Information Department) and who will be under a statutory duty to provide such information within a prescribed time. Failure to provide such information will be an offence committed by the designated Officer and the Chief Executive Officer and punishable by fine and/or imprisonment.
4) The creation of an independent Public Information Department (along the lines of the Auditor General’s Department) with among other things, the following powers and duties:
a) Every Ministry and every Statutory Body shall submit to the Public Information Department on a monthly basis -
- a Statement of Income and Expenditure in the prescribed form.
- a Statement of all people employed with their salaries, allowances and other receipts of any kind, in the prescribed form.
- a Statement of all contracts (with copies) awarded.
Failure to submit such information shall be an offence committed by the designated officer and the Chief Executive Officer of the Ministry or Statutory Body, punishable by fine and/or imprisonment.
b) The Public Information Department shall maintain the records of all information forwarded to it under the Act in such a manner as to ensure their preservation and safety and will make such information available to any person by inspection of such records under supervision or by copies.
c) The Public Information Department shall establish a web site and shall make all information forwarded to it under the Act available on line.
d) Failure by the Public Information Department to provide any information to any member of the public shall be deemed to be an offence committed by the designated Officer and the Chief Executive Officer, punishable by fine and/or imprisonment.
Third: Most of the really big corruption deals come through the award of construction contracts and the supply of goods and materials. The Central Tenders Board Act must therefore, be strengthened to provide for, among other things -
1) All such contracts above a certain amount (say $100,000) shall be by open tender.
2) All tenders shall be deposited in a time-locked Tenders Box.
3) The Tenders Box shall be opened in public immediately after the closing time on the closing date by two approved Officers of the Tenders Board and the names of the tenders and the amount of their tenders read out in public.
4) The Tenders Board shall give reasons in writing for their decision.
Fourth: “Nothing breeds fairness faster than visibility”
Our leaders have been the cause of most of our troubles and they are the cause of all the corruption we have had. We must now get to know them better. We must make it clear that, if they wish to be our leaders, they must be visible to us. It has been said: “Show me a man’s bank account, and I’ll show you the man.” Well, our leaders must show us their bank account. An honest man who wants to serve his country, would have nothing to hide. The Integrity In Public Life Act must therefore, be revamped to provide for, among other things -
1) that the financial declarations of Public Officers be made a matter of public information.
2) to empower the Commission to investigate any matter involving corruption in the Public Service, and if a prima facie case is made out, to refer such matter directly to the Magistrate Court of the Criminal Assize for trial.
3) Let’s face it. A lot of corruption flows from the contributions made by businessmen and others to political parties. It’s the “you scratch my back, I’ll scratch your back” thing. One way to stop this is to make such contributions visible. The Act should therefore, provide that all political contributions (in cash or kind) shall be reported to the Commission which shall keep a Public Register of all such contributions.
What I have said above is of course, only a bare outline of what is needed to turn TT back to the path of Integrity in Public Life. It is the only way to go. The alternative is hell for the decent and law-abiding man and woman, and their children. A New Politics has confidence in the nobility of man. It knows that an expanding shift in consciousness is taking place and sees the Third Constituency as the hope of this wonderful land of ours and its rainbow people.