“Towards Strengthening the Role of Parliament in Curbing Corruptionand Promoting Accountability in the SADC Region: Engaging Parliamentarians on how to use Public Finance Management to Execute Measures to Fight Corruption ’’

 INTRODUCTION

A sound, transparent and effective public financial management (PFM) system is a critical component of good governance and democratic accountability. PFM systems include the mechanisms through which public resources are collected, allocated, spent and accounted for, and comprises the whole budget cycle, public procurement, audit practices and revenue collection. Given the large amount of money and discretion involved, the management of public finances is particularly vulnerable to corruption. Corruption erodes trust, weakens democracy, hampers economic development and further exacerbates inequality, poverty, social division and the environmental crisis. For instance, the increasing link between politics and grand corruption means there is real risk not only to lose billions of dollars, but also the potential to destabilise the political systems through the hijacking of public policy. This calls for streamlined Parliamentary action to enhance accountability in PFM by ensuring that robust public financial management systems are established and that there is effective monitoring for compliance through oversight.

 LEVERAGING THE SADC MODEL LAW ON PFM TO CURB CORRUPTION

Against the background of generally weak PFM frameworks across the SADC region and the attendant challenges including corruption, elicit financial flows and tax evasion, the SADC PF has yet again embarked on a landmark intervention to assist Member States to bridge legislative, policy and implementation gaps by developing the SADC Model Law on Public Financial Management. The Model Law will assist Member States in benchmarking and setting of best practice in PFM.

The PFM Model Law is a new addition to the body of regional and international instruments that offer an array of strategies to mitigate the effects of corruption for SADC Member States and propel the region socioeconomic transformation as espoused in the region’s long-term vision –SADC Vision 2050 and the global Sustainable Development Goals (SDGs).These instruments include the SADC Protocol Against Corruption adopted in August 2001 and entered into force in 2003, the African Union Convention on Preventing and Combating Corruption adopted in 2003 and entered into force in 2006 and the United Nations Convention Against Corruption.

THE NEED FOR GREATER PARLIAMENTARY ACTION TO CURBTHE NEED FOR GREATER PARLIAMENTARY ACTION TO CURBCORRUPTION

Parliaments are the fulcrum of upholding the rule of law, constitutionalism Parliaments are the fulcrum of upholding the rule of law, constitutionalism and ensuring democratic accountability. They do this by reviewing, debating and enacting legislation, scrutinising government actions and holding the government accountable. Indeed, Parliaments, as public forums for scrutiny and key institutions for acquiring democratic legitimacy, are critical inbreaking the patterns of social traps and the vicious cycle of corruption. However, when Parliaments are tainted, they tend to be a breeding ground for corruption rather than serving as democratic institutions of accountability that deliver on the aspirations of citizens.

Parliaments are duty-bound to ensure that adequate progressive laws and Parliaments are duty-bound to ensure that adequate progressive laws and policies are put in place to enhance transparency and accountability in the management of public finances. It is important that the laws enacted by Parliament in this regard provide mechanisms and safeguards for effective budget execution, efficient management of collected revenues as well as fair, competitive and transparent public procurement processes. Thus, along side the domestication of the of the PFM Model Law based on national context, Parliaments should strengthen their respective anti-corruption legal frameworks in critical areas of prevention, criminalisation, international cooperation, extradition, and assets recovery.

Another essential aspect in fighting financial related corruption is effective Another essential aspect in fighting financial related corruption is effective law enforcement so that the corrupt are indiscriminately punished and the cycle of impunity is broken. This requires a strong legal framework, efficient law enforcement branches, an independent judiciary and a media and vibrant civil society. Parliaments can use its convening powers to ensure a collaborative approach towards effective law enforcement.

In the keynote address during the SADC PF consultative meeting on the SADC PFM Model In the keynote address during the SADC PF consultative meeting on the SADC PFM Model Law with the Committee of Central Bank Governors of SADC Member States on 22nd March2022, the former Minister of Finance and ex-Central Bank Governor of South Africa, Tito Mboweni, reiterated the symbiotic relationship between strong PFM and anti-corruption legal frameworks: “Corruption eats into all that money that our laws are trying to manage. So, side-by-side with a good PFM law, must be a very strong anti-corruption legislation that will be mutually reinforcing for the citizens of SADC.”

It is also important for Parliament to establish relevant portfolio committees It is also important for Parliament to establish relevant portfolio committees such as the Budget Committee and Public Accounts Committee and for these Committees to be given meaningful opportunity to engage in effective oversight on the budget. Parliament should enhance its internal technical capacity to review the budget and quarterly financial reports from government ministries and agencies, including through the establishment of Parliamentary Budget Offices. Parliaments can utilis resources such as the SADC PF Benchmarks for Democratic Legislatures in Southern Africa (2010), which provides minimum standards on the constitutional and legal framework, political imperatives as well as institutional, financial, material and human resources requirements for truly democratic Parliaments, to guide their institutional strengthening initiatives so that they can effectively combat corruption.

STATUTORY MEETING OF THE DGHR STANDING COMMITTEE

SADC PF has, through its Strategic Plan (2019-2023), committed to be the SADC PF has, through its Strategic Plan (2019-2023), committed to be the Flag-Bearer of Democratisation and Socio-Economic Development for Southern Africa and this is achieved through the implementation of various parliamentary initiatives including on curbing corruption. Regarding the combating corruption, the Constitution of SADC PF inter alia, enjoins the Forum “to promote the principles of … economic governance … through collective responsibility within the SADC Region.”3 This is the context in which the forthcoming DGHR Committee meeting will focus on the theme “Towards Strengthening the Role of Parliament in Curbing Corruption and Promoting Accountability in the SADC region: Engaging Parliamentarians on how to use Public Finance Management to Execute Measures to Fight Corruption.’’

The meeting will build on previous and ongoing initiatives on strengthening he role of Parliament in promoting accountability by combating corruption. For instance, currently the Forum is developing Principles and Guidelines for Parliaments in Curbing Corruption in the SADC Region to assist Member Parliaments.

MEETING OBJECTIVES

 The objectives of the statutory meeting are as follows: The objectives of the statutory meeting are as follows:

 i) Strengthen the capacity of Parliamentarians on how they can utilize parliamentary control in PFM to foster democratic accountability, openness and curb corruption;

ii) Deliberate on the linkages between the SADC PFM Model Law and the SADC Protocol Against Corruption as well as other regional and international instruments on combating corruption with a view to identify and pursue opportunities for domestication at national level;

iii) Promote peer learning, experience-sharing and building of consensuson priority areas for parliamentary action to enhance the role Parliament in curbing corruption and promoting accountability in the Parliament in curbing corruption and promoting accountability in the SADC region; and

iv) Adopt specific recommendations to the Plenary Assembly on priority areas for action by Parliaments at national and regional level to strengthen the role of Parliament in curbing corruption and promoting accountability through PFM in the SADC region.

METHODOLOGY

The statutory meeting will be a strategic platform for the DGHR Standing Committee to receive presentations from various subject experts and thereafter extensively deliberate on the theme and make recommendations to the Plenary Assembly. Accordingly, the meeting will receive presentations from the following experts:

i) Mr Jay Kruuse, Director, Public Service Accountability Monitor (PSAM), School of Journalism and Media Studies at Rhodes University in South Africa and Member of the Technical Working Group on the PFM Model Law;

ii) Adv. Ishara Bodasing, Managing Director IBodasing Governance Consultants, South Africa;

iii) Mr. Ipyana Musopole, Anti-Corruption Enforcement Officer, SADC Organ on Politics, Defence and Security Affairs, SADC Secretariat; and iv) Mr Titus Gwemende, Team Leader, Africa Regional Office – Open Society Foundation Africa.

VENUE AND DATES

The Meeting will be held physically in South Africa on 1st May 2022 from 09:00 to 17:00, (GMT+2) and simultaneous interpretation will be available in the three official languages of SADC PF, namely English, French and Portuguese. There will be a provision for stakeholders to join proceedings virtually.

PARTICIPANTS

The Session will be attended by Members of the DGHR Standing Committee, RPMLOC Members and Members of the Technical Working Group who will join virtually.

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