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Ant corruption agencies -A NEW ZEALAND PESPECTIVE (a lesson to learn)

Discussion in 'Habari na Hoja mchanganyiko' started by Jackbauer, Dec 9, 2010.

  1. Jackbauer

    Jackbauer JF-Expert Member

    Dec 9, 2010
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    Tanzania is currently facing a lot of critisism on how it handles corruption scandals.currently NewZealand is mentioned to be the least corrupt nation worldwide(according to CPI -NGOin German).

    I have tried to google and find out how NZ is dealing with corruption with such kind of success.THis is what I found relating to the structure and organisation of anti corruption campaign.

    New Zealand does not have any one single agency tasked with fighting corruption. Unlike many other countries it has not seen the need to create an Independent Commission Against Corruption. Rather it has a number of agencies that focus on the different elements in the fight against corruption. Some of these agencies have their focus on the more positive task of reinforcing values to ensure that New Zealand maintains a corruption free environment; others focus on the enforcement of the laws and the rules.

    The two main law enforcement agencies responsible for anti-corruption investigations and prosecutions are the New Zealand Serious Fraud Office (SFO) and the New Zealand Police. The New Zealand Serious Fraud OfficeEstablished in 1990, the SFO focuses on serious or complex fraud. The legislation governing the SFO does not attempt to define serious or complex fraud beyond saying that it includes a series of connected incidents of fraud which, if taken together, amount to serious or complex fraud.

    Rather the Act provides guidance to the Director as to the facts that the Director should have regard to in determining which cases to investigate. Those factors are:

    1.the suspected nature and consequences of the fraud;
    2.the suspected scale of the fraud; 3.the legal, factual, and evidential complexity of any matter;
    4. any relevant public interest considerations.

    Most instances of bribery, corruption and secret commissions would fall within this descriptive section.

    The SFO is particularly well placed to conduct or assist with any investigation which requires an analysis of financial transactions. Instances of bribery or corruption will often only be established after a careful analysis of financial transactions and money flows.
    All investigations undertaken by the SFO are conducted by a multi disciplinary team comprising an experienced investigator, a forensic accountant and a prosecutor. That team is supervised by a very experienced senior investigator or forensic accountant.

    Economic crime or corruption is always clandestine and usually extremely well planned. The people involved are often well-educated and may occupy relatively senior positions in the community. The only evidence may be a complex set of arrangements understood only by those involved in the scheme.

    It was against that background that the New Zealand Parliament legislated special powers for the SFO.The powers of the Director of the SFO go beyond those of the Police in New Zealand.
    The Director is able to issue a Notice requiring the production of any information or documents that the Director feels may assist the investigation.

    Furthermore, the Director, by Notice, is able to require any person to appear before the Director to answer questions. At such a compulsory interview the person must answer all questions irrespective of whether those answers will incriminate that person. However, under the legislation, the Director is not able to use any such incriminating answers in evidence against that person unless the person gives evidence inconsistent with their responses in any subsequent prosecution.
    All duties of confidentiality with the exception of legal professional privilege are set aside by the SFO Act 1990.

    It should be in no doubt about New Zealand's commitment to the fight against corruption and I am proud of the environment that we have in New Zealand.

    Mr. David BradshawDirectorSerious Fraud Office, New Zealand

    MY TAKE:I think if we are serious we can learn some of the methods not necessarily from New Zealand but from nations like Botswana which currently have significantly brought down corruption.Im not sure if our goverment has ever sought advice from nations like N.Z.before the initiation of anti corruption campaign.


    BONGOLALA JF-Expert Member

    Dec 9, 2010
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    Good idea!will be presented in coming new constitution
  3. Uda

    Uda JF-Expert Member

    Dec 10, 2010
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    when do u expect new constitution?
  4. Jackbauer

    Jackbauer JF-Expert Member

    Dec 10, 2010
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    ni kweli tunahitaji katiba mpya itakayoangalia mambo kama haya.mfano Takukuru iwe accountable kwa wananchi(bunge),viwepo vitengo maalum ktk mahakama kuu,DPP OFFICE,CAG OFFICE e.t.c ambavyo vitapewa mamlaka(meno) ya kushughulikia ufisadi.kwa hiyo "Yes" tuanze kudai katiba mpya ASAP.