CORRUPTION COUNTERMEASURES

IN TANZANIA

Mr. Valentino Mlowola,

Director General,
Prevention and Combating of Corruption Bureau,
P.O. Box 4865, Dar es salaam-Tanzania,
Tel: +255222150043-6, Fax: +255222150047
Email: dgeneral@pccb.go.tz
mlowolat@yahoo.com
Website: www.pccb.go.tz
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 THE CONCEPT OF CORRUPTION

THE TERM ORIGINATED FROM TWO LATIN

WORDS:
1. Corrumptus: meaning Spoiled.
2. Corrumpere: meaning to break or to ruin.
It connotes something bad or destructive.
THE PREVENTION AND COMBATING OF
CORRUPTION ACT NO.11 OF 2007 does not
define the concept, but creates offenses of
corruption.

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 THE CONCEPT
The term Corruption has not received a
universal accepted definition because one
community would see a particular act or
omission as corruption while another may
differ.
In Sub-Saharan African community giving a gift
to a leader may be interpreted as corrupt by
another society.
The conventional view is that corruption is the
abuse of vested authority for private gain. It
is a cross-cutting phenomenon involving theft,
fraud, embezzlement, money laundering, illicit
financial transactions and social service
delivery where such services are obtained at a
fee. 3
 EFFECTS OF CORRUPTION
1. SOCIALLY:
It hurts life outcomes in a variety of ways.
It affects adversely family and national fabric.
2. ECONOMICALLY:
Diverts resources away from most productive uses.
It supports extravagant lifestyles of elite to the expense
of the rest.
3. POLITICALLY:
Undermines legitimacy of political systems by giving
elites alternatives ways of clinging onto power other
than democratic choice.
It affects peace and security of any given society when
people lose faith to the existing political system.
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 EFFECTS Cont..
Corruption causes tariff barriers to trade, lack
of level playing field especially in
procurement.
Doing business becomes costly, policy and rules
are not clear and when interpreted by officials
there is no consistent application of those
rules.
The law, rules, regulations and procedures give
room to corruption because they are
ambiguous and sometimes inconsistent in its
application.
Corruption is a clog in the wheel of political,
socio-economic development.
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SCOPE OF THE PROBLEM
1. GLOBALLY:
Cost of corruption is estimated at 5% of global
GDP(OECD-2016)
AfDB Estimates 50% of Tax revenue in Africa is lost
to corruption (African Development Bank: Africa
Economic & Financial Brief, Vol. 4, September,
2013).
Corruption facilitates all major threats to peace
and security (Terrorism, Human trafficking,
Narcotic trafficking, Environmental crimes).
Recent revelations on PANAMA PAPERS, the wave of
Refugees invasions and terrorist incidents in Europe
prompted major powers to put Corruption as a top
global agenda (London and Paris summits 2016)

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STATE OF CORRUPTION IN TANZANIA
2. TANZANIAN CONTEXT:
Corruption was the Major Election agenda 2015: all major
political parties vowed to fight corruption.
Majority of Tanzanians felt corruption was rampant.
Major dramatic scandals were caused by corruption as per
public perception.
Tanzania ranked 116 th out of 182 countries as per Transparency
International Corruption Perception Survey (CPI - 201).
Most corruption surveys conducted by various stake holders
often focus on petty corruption as opposed to grand corruption.
Law Enforcement, Hospitals, Judiciary and other public service
sectors always top the list of the most corrupt.
However, strategic sectors such as revenue collection and
Construction sectors always miss scrutiny eye of the common
man.
Generally in Tanzanian context almost every sector was affected
by corruption thats why it was the major political agenda.7
 COUNTERACTION
Corruption as a social phenomenon can be
countered by two approaches:
1. POLITICAL WILL
2. GOOD GOVERNANCE
3. INSTITUTIONAL CAPACITY OF ANTI
CORRUPTION BODIES

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 POLITICAL WILL
1. This approach is very viable in third world
countries where democracy is fragile and the
Executive arm of the Government has the absolute
powers to make decisions.
2. The Corruption counter measures depends on the
government of the day and who is at the helm.
3. Where the president decides to support anti
corruption efforts seriously then all government
machinery shall align to that vision.
4. In most countries political will is the major missing
link in the fight against corruption
5. Most anti corruption bodies may resort to self
censorship if they perceive the president is not
serious on the fight.
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 GOOD GOVERNANCE
1. Refers to how public institutions conduct
public affairs and manage public resources.
2. Good governance is the exercise of official
powers in the management of the countrys
resources for the betterment of the citizenry.

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 GOOD GOVERNANCE
Five principles of good governance:
1. Accountability is the ability of citizens to hold elected
and appointed officials responsible for specific actions,
activities or decisions.
2. Transparency is the public access to knowledge of the
rules, policies and strategies of government.
3. Predictability refers to the existence of laws, regulations
and policies to regulate society; and their fair and
consistent application.
4. Capacity refers to institutional and organizational
infrastructure and capability necessary to formulate and
achieve desired policy outcomes.
5. Participation recognizes that people are at the heart of
democratic development and therefore their participation is
necessity.
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TANZANIA EFFORTS in fighting
Corruption; historical background
British Colonial rule created offence of
corruption in Tanganyika (prevention of
corruption Ordinance in 1930) before
corruption was unheard of, although
Tanganyika was created by Germans in the late
1880s.
Tanzania Government enacted The prevention
of corruption Act no 16 of 1971 which led to
creation of Anti Corruption Squad, a Law
Enforcement based entity, the Oldest in
Africa which commenced operations in 1975.

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INSTITUTIONAL CAPACITY

Anti Corruption institutions should

have technical capacity to
investigate and prosecute
corruption offences
AntiCorruption Institutions should
have a demonstrated and proven
commitment to fight corruption

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 History
The Agency and the Legislation have been
evolved from time to time to meet the ever-
changing challenges.
The current piece of legislation, The
Prevention and Combating of Corruption Act
No. 11, 2007 was enacted to comply with the
United Nations Convention Against Corruption
of 2003.
The Institution created under this Act (the
PCCB) operates under three pronged approach
which are community education (public
awareness); Prevention through Research, and
Law Enforcement.
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 History
Major corruption scandals emerged after re-
introduction of Free Market Economy post
Nyereres Regime.
Scandals such as Richmond, The BAE (British
Aerospace PLC), IPTL and Escrow Account
Case etc caused discontent among the general
public.
Corruption became rampant and culture of
impunity reigned supreme.
Corruption posed real danger to peace and
Security and the Nation was in the verge of
disintegration.

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THE ROLE OF THE GOVERNMENT
In fighting corruption Government has a role to
develop comprehensive strategies to combat
corruption( NACSAP I,II,III). Also has to:
To provide legal framework to enable level playing
field for all stakeholders bidding for public
projects.
To enable Institutions and to implement and
maintain adequate anti-corruption measures within
their organisations.
To deter and eliminate extortion by officials in the
issuance of government approvals and permits.
To put in place a reporting mechanism whereby
individuals and organisations may report corruption
to the authorities in a safe and confidential
manner. (Whistle Blowers Protection Act, 2015)16
 The 5th PHASE GOVERNMENT
The 5th Phase Government of Tanzania was elected in
the end of October 2015 General Elections. The major
election Agenda for almost all major Political parties
during the campaigns was Corruption.
The current President, His Excellency Dr. John Pombe
Joseph Magufuli vowed, during the campaign to deal
with corruption ruthlessly and without hesitation.
Dr. Magufuli promised to establish Special Court for
Corruption cases, as he put it Jail the Corrupt and
Embezzlers. During his inauguration speech to the New
Parliament on 20th November, 2015, the President
declared War on Corruption. He said, He will fight
corruption with unprecedented tenacity and ready to
pay his life as sacrifice and urged the nation to pray for
him, and support him.

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 NEW GOVERNMENT EFFORTS
The President wasted no time to put his intentions into
actions, immediately after swearing in of the New
Government, he started by taking Administrative and
Legislative actions to fight corruption.
LEGISLATIVE ACTIONS:
Special Anti-Corruption Division has been established in
the High Court on July, 2016. Regulations to control Court
proceedings are in operation.
Review of Prevention and Combating of Corruption Act, is
underway to amend it to suit the current environment.
Whistle Blowers Act is also under review to enable the
public to give their support without jeopardizing their
security.
15 High Profile Corruption cases have been sent to court
within this year.
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 NEW GOVERNMENT EFFORTS
ADMINISTRATIVE ACTIONS:
Sacking of government officials from public office who are
suspected to indulge themselves in corruption, or were
not able to perform as per current pace.
Cutting wasteful expenditure by controlling unnecessary
foreign travel by government officials, Annual public
festivals, buying of luxurious SUVs to focus on projects
that will have direct impact to the public such as
construction of roads and provision of free education to
children.
Actions have been taken against prominent business
persons who evaded massive tax, many of them are opting
to pay tax or they face court action.
Clamping down of Ghost Workers salary, a scheme by
which criminal syndicates in the Government used to steal
money from the wage-bill (current statistics stand over
19,700 ghost workers).
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 NEW GOVERNMENT EFFORTS
The actions taken by the New Government has
sent a very clear message to both members of
the public, and Government officials.
Public Officials have realized that, the business
is not as usual, there are consequences if they
indulge on corrupt practices.
Members of public have been encouraged by the
Presidents zeal and have been providing
necessary information that has enabled the
Government to discover massive tax evasion and
other maladministration.
Now major corruption scandals are being
exposed on Media by members of public who are
confident now that, action will be taken.
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 NEW GOVERNMENT EFFORTS
Public participation and support has enhanced
Governments performance tremendously for
instance:
The Government revenue collection has risen from
what was being collected during the last phase
Government [From 850 Billion Tanzanian Shillings to
1.2 Trillion Tanzanian Shillings per month in average].
Financial and Fiscal discipline is now slightly but
surely being observed and public officials are forced
to be accountable.
The New Government continues to fight corruption
with increased vigor, it is our belief that, by fighting
corruption effectively, the quality of lives to our
citizens will be highly improved and poverty will be
gradually eradicated.
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 PCCB STRATEGIES

AS PER OUR MANDATE Under S.7 of PCCA, 2007

PCCB is fighting corruption through three prongs
approach:
1. Public Awareness: We conduct various programs
that are geared at involving the community at
large,(focus is on young generation).
2. Research and Control: We conduct research on
corruption vulnerable sectors to identify
loopholes and recommend countermeasures.
3. Criminal Investigation and Enforcement: We
investigate and arrest offenders and send them to
court.
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 PCCB STRATEGIES...
The enactment of the Prevention and Combating of
Corruption Act, 2007 aimed at complying with the
United Nations Convention Against Corruption, 2003
into our Legislation. The current legislation have 24
offences as compared to 1971 Legislation which was
having only 4 offences.
Also the PCCB participates in different International
Initiatives of fighting corruption like the
International Association of Anti-Corruption
Authorities which Tanzania is the Vice President;
Corruption Hunters Network which Tanzania is a
member, East African Association of Anti-Corruption
Authorities which Tanzania is a current President.
These Initiatives helps in Investigation, gathering of
Information and evidence. 23
PCCB ACHIEVEMENTS
In the year 2015/16 PCCB Statistics shows as follows:-
7,303 complains have been received.
788 investigations have been completed.
336 files have been sent to the DPP to seek the consent to
prosecute the offenders.
229 files received DPPs consent to prosecute.
443 new cases have been filed into courts; among these 195
cases are section 15 of PCCA cases.
15 grand corruption cases have been filed into court.
524 cases have ruled out: 249 have been convicted while 275
have been acquitted.
We have saved Money/Asset to the tune of 53.9 Bilions of
Tanzania Shillings.
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 PUBLIC EXPENDITURE
TRACKING SYSTEM
PCCB has established a tracking system in order
to monitor public funds in development projects.
Role of PETS coordinators is to monitor and
inform the Headquarters about the faults in
development projects
Reports by PETS coordinators in district level
enable the commencement of investigations.
MPs who are also councillors in District Councils
where development projects are implemented
are invited to cooperate with PCCB for the
benefit of their people.
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Construction of Calvert at Mivugalo Village in Same District
few days after Hand over value for money was not
considered.

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Bridge at Mkalamo village in Pangani District swept away
shortly after construction was completed.

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The demonstration Standard Gauge Railway line at Soga
village in Kibaha District meant for flag off of the project
shortly before 2015 General Election.

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 ROLE OF PARLIAMENTARIANS
Members of Parliament should understand the
dynamics and effects of corruption in stability of
the country.(including their political survival).
Members should not participate in any activity
which (they believe or suspect) involves
corruption.
MPs should support anti Corruption initiatives
including allocation of adequate resources.
MPs should enact laws that will curb corruption
in the country.

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CHALLENGES FACING ANTI-
CORRUPTION EFFORTS
Weak structures in the government which encourages
corruption.
Corrupt mindset of citizens who have been led to
believe they have to pay bribes for government services
(Culture of glorifying corruption).
Weak criminal justice system.
Lack of capacity in investigation of complex financial
crimes.
Resistance from powerful corrupt syndicates.
Involvement of Multilateral corporations in corruption.
Complexity of foreign (developed?) Governments in
hiding moneys from political leaders (secrecy laws).
Mutual Legal Assistance still a challenge in investigating
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corruption cases involving external Jurisdictions.
 LAST WORDS
PCCB Welcomes all Members of Parliament to the
battle field against corruption for the sustainable
development of our country and realization of our
Nations vision 2025 that will place our country onto
middle income band wagon.
PCCB as lead agency against corruption recognizes
the importance of community participation in the
war against graft, we will cooperate with Members
of Parliament to make sure that corruption does not
hinder Development.
Lastly, PCCB will always appreciate the role played
by APNAC in supporting Anti Corruption initiatives.

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Thank you all for listening

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