adminLloyd Gumbo Herald Reporter
A showdown is looming at the State Procurement Board (SPB) after the board directed all staff and their immediate family members to declare income, assets and interests to purge corruption within its rank and file.
The position was adopted at a board meeting held a fortnight ago but with serious resentment from workers. The department falls in the Office of the President and Cabinet.
However, staff members have vowed to defy the directive arguing that there was no legal provision for the directive.
The deadline for declaration has been postponed on several occasions as workers resisted the move with the latest deadline, according to sources, being tomorrow.
But SPB board chairman Mr Charles Kuwaza, yesterday was adamant, arguing the board would not change its position.
“As you are, no doubt aware, procurement (or public tenders), the world over, provides opportunities for corrupt officials to benefit from their proximity to fiscal resources,” said Mr Kuwaza in an emailed response to The Herald.
“Manipulation of tenders is shunned by society in general. One of the reasons for establishing the State Procurement Board was to ensure that proper rules and procedures are followed in any public tender thus safeguarding the taxpayer against rapacious and greedy officials.
“Section 17 of the Procurement Act requires all board members to declare their assets including directorships in companies or other organisations, among other things.
“This requirement covers the spouse and children etc, as quite often experience the world over has shown that such relatives can be used to hide the proceeds of crime.”
Mr Kuwaza said the provisions of the Anti Money Laundering Act recently gazetted criminalised corrupt activities.
He said all staff members would comply adding that his declaration was on file.
“Therefore, there is nothing irregular or unfair in expecting the staff at the SPB to be held to the highest ethical standards. In fact, such panic by your source suggests that such officers have a lot to hide,” he said.
Staff members are expected to declare their bank statements, share certificates for companies, if any, copies of vehicle registration books and purchase agreement documents showing dates of purchase.
Previous deadlines of August 21 and August 27 were defied.
As a result, a meeting was called on Monday where SPB principal officer, Mr Cledwyn Nyanhete, reiterated that everyone should comply.
Minutes of the meeting seen by The Herald show that staff members resented the move.
“In general, staff members raised concern at the “timing” and perceived “motive” of the requirement, especially before conclusion of employment contracts or in the absence of a code of conduct and ethics which ideally, could encompass such a requirement.
“Staff was concerned that the declarations could be abused if made without concomitant guarantees on security of assets or documents, constitutional rights to dignity, privacy and administrative justice as enshrined in Section 51, 57 and 68 of the Constitution respectively, protection of the employee against ‘occupational detriment’ as a direct or indirect result of having such a declaration,” read the minutes.
The minutes go further to say SPB staff were of the view that the declarations be addressed in the context of the employment contract.
This, the minutes said, would see such disclosures construed as consensual between the parties and not in violation of the Constitution in particular, the provisions under Sections 64 and 65 with respect to “freedom of profession, trade etc and labour rights”.
“Staff noted the Procurement Act did not provide for such declarations by employees.
“It was further noted that where such declarations were required, the threshold usually ended at ‘designated posts’ or positions of sufficient public influence to warrant such disclosure.
“Under the current requirements, every staff member was expected to declare assets and interests, irrespective of their designation and seniority.
“The principal officer advised that every member of staff should comply with the directive,” read the minutes.
On Tuesday, Mr Nyanhete wrote to all staff members advising them to comply with the directive by 4pm yesterday.
However, there are indications that only a few managed to submit some of the requirements by end of day yesterday.
“It is very difficult to comply with that directive because it is legally flawed,” said a source who preferred anonymity.
“Only a few people have managed to submit some of the requirements like copies of vehicle registration books.”
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