When a government surreptitiously deposits $12m in the account of an employee they are trying to remove from office, does that not fall under the definition of a bribe?
The corruption prevention act of 2000 under section 14 article 1 states the following:
14.-41) A public servant commits an act of corruption if
he–
(a) corruptly solicits or accepts, whether directly or
indirectly, any article or money or other benefit, being
a gift, favour, promise or advantage for himself or
another person for doing any act or omitting to do any
act in the performance of his public functions;
Under the same section 14 and articles 2 and 3 states the following:
- (2) A person commits an act of corruption if he offers or
grants, directly or indirectly, to a public servant any article,
money or other benefit, being a gift, favour, promise or
advantage to the public servant or another person, for doing any
act or omitting to do any act in the performance of the public
servant’s public function - (3) A person commits an act of corruption if he
instigates, aids, abets or is an accessory after the fact or
participates in whatsoever manner in the commission or
attempted commission of or conspires to commit any act of
corruption referred to in subsection (1) or (2)
Given the above ( mind you I am no lawyer) it would seem to me that an agent of the state on the instruction of someone in government sought to engage in a corrupt act and would have been in breach of the above mentioned act.
Commonsenseja is therefore calling on the Commission of Prevention Of Corruption to launch and investigation with the assistance of the police into the appearance of $12m in the accounts of a public sector worker.
Commonsenseja and the public wants the following questions answered.
- Where is the SOF for the $12m ?
- Who are the person(s) involved in issuing of instructions for the $12m to be deposit in the accounts of the employee?
- Who was the person(s) involved in execution of the actual instructions?
In addition the police should as part of their investigation do the following
- Seize the cellphones of all the persons involved
- Get a court order to review the phone records, text and all data from the phones of those involved
- Get a court order to seize personal laptops, tablets, desktop computers of all persons involved in this bribery attempt.
- Obtain a court order to review the data on the server in particular email correspondence in support of their case.
Its about time we stop paying lip service to act of corruption and be decisive about taking the steps necessary to complete a thorough investigation and arrest, charge and hopefully convict whoever are the persons involved in latest act of corruption. If the investigation takes the cops to the feet of the Prime Minister, they should not stop but should relentlessly pursue the case and do what good detective are supposed to do.
On another note, why does it appear that only commonsenseja see a problem here ?
Is it that I am always trying to stir up things and upset the apple cart?
Is it that I am trying to make a mountain out of a mole hill?
Why does situation not sit well with me, but the rest of the public commentators, civil society, the opposition etc appear so silent on a matter that to me is at the heart of corruption.
Maybe, something is really wrong with me after all, just maybe.
Filed under: Corruption, Crime |
I get the sense that there is an air of hopelessness and defeatism among the population. And this is giving the government free rein to do as it please.
Yes Jay, you are making a mountain out of a mole hill – this has happened before and it will happen again. If the amount represents the remaining value on her contract, she should take it and be on her way. What’s the point working with people who do not want to work with you? Remember now, they are not just terminating her contract, they are apparently paying her what left in it.
I think the deposit was based on negotiations prior to the court order, so they still went ahead and made the deposit. If I were her, I would take my money and walk. Would not want that job again. Persons taking on public sector positions must always ask ‘what if’ and ‘what next’ before accepting those positions. They are highly political positions and anything can happen anytime and you are left in the cold.