….ACC calls for asset declaration law
WINDHOEK-With only six months remaining before the current National Assembly lawmakers’ terms come to an end, Speaker Theo-Ben Gurirab, has confirmed that members of parliament have not yet declared their assets and interests as is required by law.
The last declaration of assets and interests dates back to 2009, Gurirab confirmed.
Article 59 of the Namibian Constitution on the Rules of Procedure, Committees and Standing Orders states that: “The National Assembly shall in its rules and procedures make provision for such disclosure as may be considered to be appropriate in regard to the financial or business affairs of its members.”
While speaking to New Era yesterday, Gurirab called on ‘seniors’ of government to clarify whether members of Cabinet should declare their interests to the presidency as well to parliament. Declaration of assets and income generating interests, in which lawmakers are involved, is meant to promote transparency and accountability.
“For our part we publicly distributed the document to the MPs which they must fill,” he said.
“We have on several occasions urged them to declare their assets but nothing has been forthcoming. Some members of cabinet are hiding behind the fact that they already declared their assets to the appointing authority [the President].”
When asked whether lawmakers are undermining the authority of the National Assembly by not declaring their assets, Gurirab answered,”To a certain extent yes, but someone must take initiative and clarify whether cabinet ministers should declare their assets and interests both to parliament and the appointing authority.”
“I spoke about this issue at the opening of the current session, but if people are not doing what they are supposed to do then what’s next? Some cabinet members feel it is an injustice for them to declare to the appointing authority as well as to parliament. So until that matter is clarified our hands are tied,” said the speaker.
“I am not the only one responsible to make sure that MPs make the declarations, myself as the speaker of the National Assembly, the Prime Minister [Dr Hage Geingob] as the leader of government business in the National Assembly and the government chief whip [Professor Peter Katjavivi] are all collectively responsible for that.”
Members of the public have for years been calling for lawmakers to comply with the requirement of declaring their assets.
“It is a shame for us as leaders, therefore the people who elected us must show their outrage during polls. You, the people elect us and if we do not account to you, then we are not worthy to represent you. You should collectively, as Namibains, let us know during the polls because if we do not do the work for which you have hired us. You have the option to fire us through the polls.”
The 2014 Register of Members’ Interests of South African lawmakers was tabled in that country’s parliament on Wednesday. Commenting on this, Gurirab said: “The South Africans are not much different to us, they are just good people and we should be like them.”
Contacted for comment yesterday, Secretary of Cabinet, Frans Kapofi, said he does not have information regarding the declaration procedures of Cabinet ministers because “I am not involved in as far as that aspect is concerned, but I know they do declare, but how they do it and what they declare, I do not know.”
Anti-Corruption Commission (ACC) Director, Paulus Noa said the absence of an asset declaration register for lawmakers has made his work difficult at times.
He called for a law that compels lawmakers to declare their assets on a regular basis.
“ACC has been advocating for a law on asset declaration with regard to public officers at management level and members of parliament,” said Noa.
As far as Noa is concerned, as long as there is no law compelling lawmakers to declare their assets, they (lawmakers) will not find it necessary to do so.
“Currently the declaration of assets in parliament is merely a house rule…this cannot work because it does not serve as a deterring sanction,” Noa asserted.
Noa is worried when it comes to his institution having to investigate a member of parliament, saying:”When a need arises to investigate an MP, it becomes difficult if there are no records of their assets. Therefore, if there is a law compelling them to register and they do not declare their assets, it will be easy to conduct investigations.”
Secretary of the National Assembly, Jakes Jacobs, yesterday said there are plans to table the code of conduct and the forms on which lawmakers should declare their assets and interests which will transform the declaring of assets and interests by lawmakers into a law.
Jacobs said: “I do not have the power to table these things, therefore I have to get a member of the house to table it so that it can be adopted.”
“We have almost concluded the process so that the code of conduct and the declaration form can be tabled and adopted in the house to make it enforceable. The moment it is adopted, they have to abide by their own rules,” Jacobs said.
Rally for Democracy and Progress MP, Steve Bezuidenhoudt said the Office of the Speaker circulated the declaration forms to the MPs shortly before the tabling of the Third Constitution Amendment Bill but there was no timeframe given as to when the form should be submitted.
“Personally I am ready to submit my form anytime, in fact it will only take me about 10 minutes to fill it in because I do not have a lot of assets like the others,” Bezuidenhoudt said.
DTA parliamentarian, Katuutire Kaura, when contacted yesterday said it would be unfair if MPs who are in cabinet are only expected to declare to the presidency and not to parliament.
“You should remember that you are first a member of parliament before you are a member of cabinet, so it will just be fair that they declare to parliament as well.
NUDO MP, Arnold Tjihuiko said members are not refusing to declare their assets but there are a few ‘rough corners’ that needs to be clarified before this can take place.