10 Apr 2013

Parliament has passed the Corruption and Economic Crime Amendment Bill, which strengthens the current anti-corruption legislation. The bill, which amended the Corruption and Economic Crime Act, was tabled last month by the Minister of Education and Skills Development, Dr Pelonomi Venson-Moitoi on behalf of the Minister for Presidential Affairs and Public Administration, Mr Mokgweetsi Masisi.

After receiving overwhelming support from Members of Parliament, the bill that contained 10 clauses proceeded for committee stage with two amendments noticed and was subsequently passed on April 9.

The old Corruption and Economic Crime Act, which was being amended was enacted in 1994 to fight corruption related offences, but became ineffective over time due to increasing sophistication of corruption.

In 2004, the Directorate on Corruption and Economic Crime (DCEC) held a national conference where it reviewed its operations and a number of challenges were identified that necessitated a review of the act. Those included changes in operational processes and changing environment and shortcomings in the legislation.

One of the amendments was noticed at clause 4, 5 (1) by the MP for Lobatse, Mr Nehemiah Modubule who wanted the section one of the clause, which gave the President prerogative to appoint an acting director general of DCEC when the substantive director general is absent from duty to be amended. Instead, Mr Modubule wanted the deputy director general of DCEC to automatically act for the director general without the President deciding on who should act.

However, the amendment was rejected on the basis that the President must hold the power to appoint an acting director general since he was the one who appointed a director general.

The bill amended the Corruption and Economic Crime Act by, among other things, making provisions for development of conditions of service of employees of the DCEC and empowering DCEC to recruit its own personnel and determine their terms and conditions of service.

On clause four, it empowered the minister to prescribe disciplinary code of conduct for employees of DCEC while on clause five it introduced a new section, which would protect the disclosure of identity of persons by officers, support staff of DCEC or any other person who might know the identity of the person sought to be protected.

Meanwhile, Parliament also passed the Small Claims Courts Amendment Bill, which was tabled by the Minister of Defence, Justice and Security Mr Ramadeluka Seretse.

The bill, among other things, reduced the work experience of magistrates presiding over cases at the small claims courts from four years and proposed that any qualified magistrates must be allowed to preside over cases at the courts. ENDS