In the course of last week, as the CCM general elections (and those of its affiliated Organizations) were proceeding at the Regional level; the party’s Secretary General Daniel Chongolo, announced the nullification of the results in several locations, for the reason that electoral corruption had taken place in those areas. “CCM smells rat (sic) in four Regions’ intra-part polls” said the DAILY NEWS of Tuesday, November 22nd, 2022 on its front page.
But many of us do know, that this corruption scourge has been with us all the time, and has been taking place in practically every such election. Corruption appears to have defied all the efforts to fight against it, as evidenced by the numerous complaints and election petitions that have been raised in respect of every such election. Hence the question: is this the kind of war that cannot be won?
I was reading the book of prayers, when I came across the following beautiful verse: “Oh God, give me the courage to know the things I can change; The sagacity to know the things I cannot change; And the wisdom to know the difference”. The lesson of this prayer appears to be that “there are things that “we cannot change”; and the presence of corruption in politics, particularly electoral corruption, seems to be one of those things that we cannot change by winning the war against it.
Why this war cannot be won.
The war against corruption was first declared by Mwalimu Julius Nyerere, in his speech to the colonial Legislative Council, delivered on 17th May, 1960; in which he said the following:-“Mr. Speaker, there is one other enemy which must be added to the three already declared ‘people’s enemies’ of poverty, ignorance and disease. This enemy, is corruption.
The war against corruption was first declared by Mwalimu Julius Nyerere, in his speech to the colonial Legislative Council, delivered on 17th May, 1960; in which he said the following:-“Mr. Speaker, there is one other enemy which must be added to the three already declared ‘people’s enemies’ of poverty, ignorance and disease. This enemy, is corruption.
I think corruption must be treated with ruthlessness because, in my opinion, corruption and bribery are greater enemies to the welfare of the people during peace time, than war is during war time. I believe that corruption in a country should be treated in almost the same way as treasoThereafter when TANUs creed was crafted, it included a declaration that “ corruption is an enemy of justice”, and enjoins every party member to promise, in a solemn oath, that he or she “will never give, or receive bribes”.
And even at society level, corruption is roundly condemned as an unmitigated evil. Plus, according to the country’s laws, corruption is a criminal offence. In April 1971, the Parliament of the United Republic enacted the Prevention of corruption Act (no. 6 of 1971) which defined the full range of “corrupt transactions”, and imposed severe penalties on those who would be found guilty of an offence under this Act. The Act was amended in 1974, to enable the President to establish an anti-corruption body, which is the current ‘Prevention and Control of Corruption Bureau (PCCB).
But still, despite all these efforts and devices to combat corruption, it still continues to prosper in our institutions of governance, including CCM, the ruling party. It thus seems pretty obvious, that the war against corruption cannot be won. But why? There must be a variety of reasons for this failure. It, would appear that this is one of those things that ‘we cannot change”, as advised in the prayer verse quoted above.
My assertion is based on the argument that since ‘we cannot change’ the situation regarding the other three enemies of poverty, ignorance and disease; and that all we can do is to continue fighting relentlessly against them; but with no hope of eliminating them completely; thus leavn". ing it to every generation to continue the fight, to the best of its ability in terms of resources. The same argument seems to apply to the enemy of ‘corruption’. Every generation will similarly have to continue the fight, to the best of its ability.
My assertion is based on the argument that since ‘we cannot change’ the situation regarding the other three enemies of poverty, ignorance and disease; and that all we can do is to continue fighting relentlessly against them; but with no hope of eliminating them completely; thus leavn". ing it to every generation to continue the fight, to the best of its ability in terms of resources. The same argument seems to apply to the enemy of ‘corruption’. Every generation will similarly have to continue the fight, to the best of its ability.
Other mundane reasons that could be considered to be remotely relevant, including propositions such as that which was advanced by the celebrated Historian Edward Gibbon, (1737 -1794) who, in his classical work titled The Decline and Fall of the Roman Empire, described ‘corruption’ as “the most infallible symptom of constitutional liberty”. His statement was interpreted to mean that the freedom of the individual includes hi freedom to be corrupt! Hence, ‘aluta continua’ (the struggle continues).
We have all witnessed the fact that the problem of corruption, especially electoral corruption has continued unabated. In my presentation in this column in August 2020; when I was writing in preparation for that year’s general election, I also referred to this matter of electoral corruption, wherein I said that any amount of brain-racking about a way out of this problem, has always seemed to end up in frustrating futility; and that despite the general public ‘s awareness of the evils of corruption, plus the numerous complaints against it that are often raised; when the argument reaches the point of suggesting a viable solution to the problem, the stakeholders tend to run out of ideas, as everyone seems to expect the government alone to do all the fighting against this menacing corruption.
We have all witnessed the fact that the problem of corruption, especially electoral corruption has continued unabated. In my presentation in this column in August 2020; when I was writing in preparation for that year’s general election, I also referred to this matter of electoral corruption, wherein I said that any amount of brain-racking about a way out of this problem, has always seemed to end up in frustrating futility; and that despite the general public ‘s awareness of the evils of corruption, plus the numerous complaints against it that are often raised; when the argument reaches the point of suggesting a viable solution to the problem, the stakeholders tend to run out of ideas, as everyone seems to expect the government alone to do all the fighting against this menacing corruption.
The government, of course, has a binding obligation to take the necessary actions but, under the ‘rule of law’ principle, the government can fight corruption only through the courts of law, and this rote has its win obstacles, which are caused by factors that are inherent in the established practice and procedure of the courts; such as their reliance on procedural technicalities, which the defense counsel can use to save their clients from conviction.
And there is yet another obstacle, that is however perfectly justified, namely, the requirement to produce evidence that will satisfy the court beyond reasonable doubt, in order to secure a conviction. This is indeed justified and necessary in the dispensation of justice; but it creates an impediment to the prosecution in electoral corruption cases; which is caused by three factors: (i) the secrecy that normally surrounds such corrupt transactions; obviously for fear of being detected; (ii) the mutual willingness by the parties involved, which is akin to the “willing seller/willing buyer” business principle, which is applicable in lawful commercial business transactions; whereby the seller of a given product or item is willing and happy to sell his item, and the buyer is equally willing and happy to buy the same; and (iii) the sheer love of money. For, as the Holy Bible says: “the love of money is the root of all evil”.
Corruption money is certainly easy money to obtain, and therefore a great attraction to the voters, who are the targeted recipients of such money; which adds to the difficulties of fighting electoral corruption. But that is how the Justice system operates; and this reminds me of the saying that is attributed to an ancient Athenian statesman called Solon, who is on record as having said this:-“Laws are like spiders webs. If some poor weak creature comes up against them, it is caught. But a bigger one can break though and get away”.
However, the fight against corruption must continue.
But that is not to say that we should surrender and give up the fight. The books of authority on this subject assert that “corruption is like a virus, which is always around to infect a political system and make it sick anywhere in the world. And very much like the human body, political systems are also capable of developing their own immune systems that can automatically fight and resist the corruption virus”.
But that is not to say that we should surrender and give up the fight. The books of authority on this subject assert that “corruption is like a virus, which is always around to infect a political system and make it sick anywhere in the world. And very much like the human body, political systems are also capable of developing their own immune systems that can automatically fight and resist the corruption virus”.
The said books further assert that “the degree of corruption prevailing in any one political society largely depends on either the strength, or the efficiency, of its immune system. In a democratic polity, a strong and vigilant public opinion is the built-in immune system which resists and restricts the onslaught of viruses like corruption”.
In essence, this assertion enjoins every leader in their respective areas of responsibility, to take on the responsibility of creating this desired “strong and sustainable public opinion” that will resist and restrict the continued onslaught of the corruption virus.
In essence, this assertion enjoins every leader in their respective areas of responsibility, to take on the responsibility of creating this desired “strong and sustainable public opinion” that will resist and restrict the continued onslaught of the corruption virus.
Indeed, such initiatives will be implementing the advise given by Edmund Burke (1729 – 1797) that “for any evil to triumph, it is only necessary for the good man to do nothing about it”. Hence, let every leader in our political society be that “good man” who refuses to do nothing about corruption, and instead, actively undertakes to do something about it, in support of the national efforts in curbing corruption.
CCM’s record of efforts to combat corruption.
The nullification of results announced by CCM Secretary General is neither the first, nor the only punitive step that has been taken by CCM; it is merely a continuation of the ‘struggle’ in the endless war against electoral corruption within the ruling party. In that respect, it belongs to the category of ‘unwinnable’ wars, which includes the fight against the other three ‘people’s enemies’ of poverty, ignorance, and disease; against which every generation must continue to fight, to the best of its ability; and hand over the fight to the next generation; as CCM’s track record clearly shows.
CCM’s record of efforts to combat corruption.
The nullification of results announced by CCM Secretary General is neither the first, nor the only punitive step that has been taken by CCM; it is merely a continuation of the ‘struggle’ in the endless war against electoral corruption within the ruling party. In that respect, it belongs to the category of ‘unwinnable’ wars, which includes the fight against the other three ‘people’s enemies’ of poverty, ignorance, and disease; against which every generation must continue to fight, to the best of its ability; and hand over the fight to the next generation; as CCM’s track record clearly shows.
This party’s election regulations (Kanuni za Uchaguzi wa Chama) have always included a section which prohibits the use of money for the purpose of seeking votes, in all its intra-party elections. The said rules also prescribe the applicable punishments in cases of their being breached. However, the enforcement of these rules has generally been unsatisfactory; as many of culprits have escaped punishment.
Similar efforts have been invested in respect of national elections (the parliamentary and Local Authority elections; in which the relevant election laws have made appropriate provisions for controlling electoral corruption. But, as we have already seen above, a breach of such laws can only be determined, and punished, by the courts of competent jurisdiction. These laws have been effectively administered, as evidenced by the number of past election petitions relating to parliamentary elections that have been successful.
Even under the ‘one-party’ constitutional dispensation, there was the case of William Bakari and another v Chediel Yohana Mgonja (Civil case no. 5 of 1982); in which allegations of corruption were raised against the said Chediel Mgonja, who had won the election. The petitioner was successful, resulting in the nullification of that election.
There are numerous other examples of election petitions whose pleadings included allegations of corrupt practices, in practically each of the elections that were held during that period; which confirms the observation that the electoral corruption problem has been with us all the time.
Corruption is a worldwide problem.
We posited above, that corruption has been with us ‘all the time’. But it has not been with us alone, for it is a worldwide problem, which afflicts almost every country around the globe. For example, the records show that in Italy, a Socialist party official was arrested in Milan in 1992, having been caught pocketing a bribe on a cleaning contract in an old peoples home; an event which set in motion an anti-corruption avalance, which quickly swept away Italy’s veteran political leaders. And in Japan, a 1989 corruption scandal led to the downfall of that country’ hitherto most powerful Liberal Democratic Party.
piomsekwa@gmail.com/075767576.
Corruption is a worldwide problem.
We posited above, that corruption has been with us ‘all the time’. But it has not been with us alone, for it is a worldwide problem, which afflicts almost every country around the globe. For example, the records show that in Italy, a Socialist party official was arrested in Milan in 1992, having been caught pocketing a bribe on a cleaning contract in an old peoples home; an event which set in motion an anti-corruption avalance, which quickly swept away Italy’s veteran political leaders. And in Japan, a 1989 corruption scandal led to the downfall of that country’ hitherto most powerful Liberal Democratic Party.
piomsekwa@gmail.com/075767576.
Source: Daily News. Thursday.
No comments:
Post a Comment