Over 29 years after the provision that gave constituents power to recall underperforming members of Parliament (MPs) was repealed, the nightmare may not be over for lawmakers as the Special Law Commission on the Public Officers Declaration of Assets has recommended that the Constitution be amended to pave the way for the firing of those who fail to declare assets.
If embraced, this means MPs who hide their assets will be facing the prospect of being chopped each and every year.
Presenting findings of the commission in Lilongwe yesterday, when stakeholders reviewed provisions of the Public Officers Declaration of Assets Act, Commissioner Patrick Zaipa said the Special Law Commission is of the view that Section 63 of the Constitution does not include non-compliance with disclosures as a ground for the removal or dismissal of a legislator.
The section in question indicates that the seat of an MP shall become vacant if the National Assembly has been dissolved; if the member dies or resigns his or her seat; if the member ceases to be a citizen of Malawi; if the member assumes the office of President or Vice-President; if any circumstances arise that, if he or she were not a member of the National Assembly, would cause that member to be disqualified for election under the Constitution or any other Act of Parliament; if the National Assembly declares a member’s seat vacant in accordance with such Standing Orders as may permit or prescribe the removal of a member for good and sufficient reason provided that they accord with the principles of natural justice.
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Zaipa said using the current legal setup, the only applicable provision from the Constitution is Section 63(1)(f).
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He was quick to say that, even in that case, the removal of MPs is still subject to Standing Order procedures, giving the august House the power to vote either way, hence the laws should be amended.
“The commission recommends that Section 63(1)(f) of the Constitution be amended to include failure to declare assets as a ground for declaring a vacant seat,” the recommendation reads.
On his part, deputy chairperson for the commission Reyneck Matemba said they looked at a number of issues.
“The commission has come up with recommendations for different types of sanctions that would apply if public officers fail to declare assets,” Matemba said.
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Among other things, the commission has recommended that failure by a President to comply with a recommendation made by the Office of the Director of Public Officers Declaration (ODPOD) to remove a non-compliant listed public officer appointed by his or her office should attract a fine upon expiry of the term of office.
The commission has also recommended that, in the case of a former president or vice president, any pension or benefit that he or she is entitled to under the Presidents (Salaries and Benefits) Act be suspended for the period that the former president or vice president fails to present a declaration.
The commission recommends that the President, Vice President, Member of Parliament, Councillor and other elected officials should be disqualified from running for another term of office if they did not comply with the requirement to declare their assets under the Act.
The commission further found that provisions of the Act that is currently in use do not extend sanctions to family members, agents or associates of listed public officers and, as such, the commission has suggested appropriate sanctions for third parties.
The commissioners have also recommended that the declaration of assets should now be done online.
Meanwhile, Justice Minister Titus Mvalo has said one of the ways to curb corruption and deal with conflicts of interest in the public service is the declaration of assets, liabilities and business interests by public officers.
“Declaration of assets by public officers has a bearing on honesty, accountability, responsibility, fairness, transparency, rule of law, professionalism and impartiality of the public officers,” Mvalo said.
According to Mvalo, asset disclosure by public officials has been widely used to build integrity and combat corruption around the world; hence, every country needs a robust regime of asset declaration.
On her part, Law Commissioner Rosemary Kanyuka said the commission was tasked with coming up with recommendations that ODPOD can be used to detect unexplained accumulation of wealth and build integrity among officers and public trust in the public service.
