Contributions
and Challenges in the Fight Against Corruption - an Auditor General's
Perspective
By Mr. Fred M.Siame, Auditor General of Zambia.
The
Role of the Auditor General in the Republic of Zambia is to provide audit
services to the government and other institutions in order to promote
accountability, economy, efficiency and effectiveness in the collection,
disbursement and utilization of funds and other resources for the benefit of
society. The Auditor General seeks to satisfy this role by encouraging hones,
efficient management and full accountability throughout the government and other
institutions receiving grants and other subventions from the government.
Therefore, the Office of the Auditor General serves the public interest by
issuing reports to Parliament that point out areas that require monitoring and
strengthening by the management.
These
laws do not specifically empower the Auditor General to directly audit issues
pertaining to corrupt practices. However, the application of audit tests and
checks is instrumental in revealing areas of risk on which management of the
audited entities is required to take corrective action. Therefore, the power of
fight and combat corrupt practices rests with the executive authority of an
organization. In the government set up, the executive authority is at two
levels. The first is Cabinet level (ministers), where policies and priorities
are set, and the second level is the civil service, which is headed by a
Parliament Secretary who is operationally the Chief Executive and Controlling
Officer of the ministry. The civil service assists the minister in implementing
policies and achieving set goals. In carrying out its duties, the civil service
uses resources provided by Parliament for which it must account. Therefore, the
work of the auditor General is to check whether the implementation of the
programs is accordance with the policies and priorities and intentions of
Parliament.
Causes
of Corruption
Corruption
occurs in almost all the countries around the world. Media reports of corrupt
practices that have been uncovered provide evidence that the scourge is not only
limited to developing countries. However, the impact of corruption on the public
in developing countries is more severe than in developed countries.
Corruption
takes place because of a lack of accountability and transparency on the part of
public integrity systems. As a result, there is widespread perception that the
public service has lost its direction, that many elements within the public
sector are corrupt, and that many of the private sector firms that transact
business with the public sector are also corrupt. The public sees officials, and
officials seem to see themselves, as existing not to provide a service to the
public, but as a body that is not accountable to the public it professes to
serve.
The
environment in which government transacts its business contributes to the
increase in corruption. A business environment characterized by poor accounting
and financial management system renders official susceptible to corrupt
practices. In Zambia, there are good accountability system in place, but some of
the officials managing the institutions override such systems and render
institutions unaccountable.
The
state of the economy is another factor that contributes to the increase in
corruption, Poverty is largely blamed for the increase in corruption, as people
have to survive and will do anything necessary to ensure that there is food on
the table. However, this is not to say that if people are poor then they are
corrupt.
Another
cause of corruption is greed. This is seen in cases where individuals want to
"live above their means". In such cases, officials want to perpetuate
their expensive lifestyles at the expense of public.
Types
of Corruption
We
also need to draw a line between administrative corruption, which is the focus
of this article, and political corruption. Administrative corruption can be
classified into two main categories. The first occurs when services or contracts
are provided "according to the rules" and other when services and
contracts are "against the rules". In the first category, an official
is gaining illegally for doing something he/she is ordinarily required to do by
law. For example, officials could create unnecessary artificial shortages or
make procedures difficult so that only those willing to pay them receive the
intended goods or services. Areas that are prone to this kind of practice
include issuing of licenses and registration certificates and admitting students
into schools and colleges. In the second category, a bribe is paid to obtain
services that the official is prohibited from providing. These two categories of
corruption can manifest themselves in any of the following forms.
Conflict
of Interest
This
form of corruption occurs when an official stands to profit incidentally from an
official act. This could involve awarding a contract to a company in which the
official has a financial interest. Various types of conflict of interest
situations are encountered from audit perspective, as will be further elaborated
on below.
Bribery
This
occurs when an official accepts money or some other consideration to particular
course of action or inaction. This type of corruption is rarely uncovered
through audits because of lack of audit trial or evidence, especially in cases
where bribes are paid in cash.
Illegal
Gratuities
These
are similar to bribery Schemes except there is not necessarily an intention to
influence a particular business decision. These are also not easily uncovered
due to lack of evidence.
Economic
Extortion
This
occurs when an official demands money or some other consideration to make
particular business decision. Cases of economic extortion are only uncovered
through information obtained from complaints from suppliers of goods and
services when" whistle-blowers" have provided information.
Whistle-blowers are individuals who have direct knowledge of illicit payments
and can sometimes provide the evidence to substantiate their claims.
Contributions
Towards the Fight Against Corruption
In
what ways then has the Auditor general assisted in the fight against corruption?
Having addressed the causes and types of corruption and how it occurs, it is
clear that the work of the Auditor General has been most successful in the area
of conflict of interest in highlighting risk associated with conflict of
interest. The reports of the Auditor General have pointed out glaring
irregularities, such as officials awarding contracts to companies that they have
vested interest in. For example:
The
reports of the Auditor General have highlighted irregularities in awarding
contracts for procurement of goods and services, such as school desks, blankets,
and medicines without the prior authority of the Tender Board. In certain cases,
Tender Board authority is sought after tenders have already been awarded. There
are also instances where one company is awarded tenders to manufacture,
distribute and maintain various categories of goods and services ranging from
school desks to road rehabilitation.
Other
areas where the work of the Auditor General has been effective concern
revelations of overpayments in the procurement of goods and services. These
irregularities have been cited in many sectors of the government. Common cases
include the procurement of equipment, office supplies and services.
Another
area that is increasingly becoming a source of concern is third-party
transactions. Transactions in this category involve local debts incurred by
ministries and the suppliers claimed payments from another ministry, most often
the Ministry of Finance. This process results in insufficient documentation to
support expenditures, and in some cases, payments have been made in excess of
what was due. Also, there are cases where suppliers have demanded to be paid
through the issuance of treasury bills when the original agreement called for
cash payments.
Several
irregularities have also been cited in the liquidation of public companies
wherein the members of the committee of Inspection have been regularly
appointed, thereby rendering the oversight responsibility of the committee
ineffective.
The
reports of the Auditor General have also highlighted cases where advance
payments were made but goods and services were not delivered. This is another
area of risk, as the institutions are denied the necessary tools and services
essential in carrying out their work.
The
cases cited above point out areas of weaknesses in the control environment
leading to conflict of interest and other practices contrary to the provision of
services to the public. Corrupt officials could easily exploit such weaknesses
in the system to perpetuate their unlawful acts. Consequently, executive
management needs to be vigilant and ensure that the control environment is
constantly reviewed and strengthened.
The
findings of the Auditor General are reported to the executive management of the
institutions under audit and to Parliament as the representative of the
taxpayers. Parliament prescribes the remedial action to be undertaken, but
unfortunately, in some cases the recommendations are not implemented. One of the
reasons for failure to take corrective action is that the offending officials
derive benefits through the irregularities that are being perpetuated. It is
incumbent upon Parliament, however, to devise mechanisms to safeguard the public
interest. Some of the measures could include budget cuts in case of
noncompliance.
Challenges
in the Fight Against Corruption
The
role of audit renders credibility to the government accounting systems by
certifying the data presented by executive management. The Office of the Auditor
General recognizes that the traditional methods and approaches to auditing are
no longer effective at addressing the need of society credible information. The
impact of some of the weaknesses identified in the public sector can only be
properly analyzed through use of new audit techniques such as performances
auditing, forensic auditing, and information technology auditing. However, the
staff members of the Office of the Auditor General may not have the requisite
skills in some of the new audit techniques. For this reason, the office has
initiated training programs that are intended to build capacity and competencies
in these new areas.
The
Office of the Auditor General also realizes the importance of increasing the
scope of its coverage in order to promote accountability and transparency at all
levels of the government. It is for this reason that the office has proposed
decentralization to the provincial and, subsequently, district levels as these
are the levels at which a number of government programs are implemented.
There
is also a need to strengthen the Office of the Auditor General so that it
carries out its work more effectively. The issue of the independence is basic to
ensuring that the office functions effectively. Matters of independence that
affect the Office of the Auditor General are in the areas of funding,
recruiting, and setting conditions of service. In this light, the Office of the
Auditor General has proposed that Parliament grant funding to the office in
accordance with the planned scope of work without the executive branch, through
the Ministry of Finance subjecting the budget to cuts and delaying the release
of funds. The office has also proposed a law to establish the office as an
autonomous body with powers to recruit staff and set its own conditions of
services so that competent staff members can be retained by the office.
The
Way Forward
It is
clear from press reports and other publications that the problem of corruption
is increasing, not only in Zambia but also worldwide. To eradicate the scourge,
there is need for close collaboration between institutions that have been set up
to promote accountability, transparency, and the rule of law and the civil
society in its lobbying efforts. There needs to be joint training sessions where
information can be exchanged and corrective actions can be proposed.
Awareness
campaigns, including publishing corruption literatures in local languages,
should continue so that the general public is not sensitized but also constantly
reminded that corruption is a problem. The public also needs to be told about
the impact of the problem through concrete examples of the problems that results
from corruption.
As
their awareness increase, the people will also need protection from being
victimized should they come forward with information about corrupt practices.
Without some measure of protection, citizens will fear reprisals should they
report cases of corruption. This may necessitate other measures such as
establishing anonymous hotlines or allowing other institutions, for example,
civil societies, to collect information from informants.
Penalties
for offenders should be constantly reviewed and made stiffer so that the law can
work as a deterrent to other would-be offenders. Further, the successful
prosecution of senior officials who have been charged with corruption will go a
long way toward changing the public’s perception that the senior officials or
“big fish” are easily let off the charges and only the “big fish” are
fried.
Above
all, preventing, rather than detecting, is the most effective way to combat
corruption.
For
more information, contact the author at: Office of the Auditor General, Audit
House, P.O.Box 50071, Ridgeway,
Lusaka, Zambia, Fax: ++260(1) 25 03 49, E-mail: auditorg@zamnet.zm.