Sindh plans its own anti-corruption watchdog
Law dept has finalised draft law to deal with corruption cases in the province
PHOTO: REUTERS
KARACHI:
After repealing the National Accountability Ordinance, 1999, Sindh government has finalised a law to deal with corruption cases in the province.
Official sources in the law department told The Express Tribune that after consultation with legal and constitutional experts, a bill has been drafted and will be presented in the Sindh Assembly soon. “We are replacing the National Accountability Bureau [NAB] with the Sindh Anti-Corruption Agency,” a senior official in the law department disclosed, adding that the existing anti-corruption establishment will be merged into the new anti-corruption agency, which will work as independent body.
The preamble of the newly bill says, “It is expedient to provide for constitution of a special agency for the investigation of certain offences relating to corruption or holding inquiries against public servants etc”.
The sources, sharing the draft of the law, said the chairperson of the agency will be appointed through a Sindh Assembly committee comprising eight members with equal representation from the treasury and opposition benches. “The Sindh Assembly speaker will head the committee that will be called the ‘Accountability and Transparency Committee’. Four members each from the opposition and government will discuss and finalise the name of the chairperson of Sindh Anti-Corruption Agency and it will be referred to the governor for his assent,” explained the source.
New accountability law being drafted, says law minister
The chairperson of the agency will be appointed for a period of three years. The agency’s prosecutor-general, director-general, director of investigations and director of internal control will be inducted by the assembly committee for a period of five years.
According to the law, a public office holder or any other person involved in corruption can serve a maximum term of 14 years and a fine. “If any person is convicted of the offense of corruption, they shall stand disqualified from being elected and cannot hold government office for 10 years. Government officials will be dismissed from the services without pecuniary benefit and shall not be eligible to hold public office for a period of five years from the date of their dismissal,” the law reads, adding that the agency will have the power to freeze an offender’s assets if they are proven guilty.
Regarding plea bargains, the law stated that before conviction by the court any person or holder of public office can voluntarily come forward to return the assets. The agency may, subject to approval of the court, accept such offers after determination of the amount and deposit of the money in the government accounts. The person will then be absolved of all liabilities in respect of the allegations against them.
‘Who will hold corrupt persons accountable if NAB is eliminated?’
“The person exercising the option shall be deemed to have been convicted of the offence of corruption and corrupt practice. According to the law, every inquiry or investigation under this Act shall be completed within a 90 day period. An extension may be sought by the officer concerned from director or chairperson depending on nature of the case,” reads the law.
According to the law, no preliminary inquiry will be initiated by an officer of the agency against an accused public servant without prior approval of the chairperson. “In case of an application, the matter shall be submitted before the competent authority for inquiry. If it is found that the allegations are not established altogether, the matter shall be dropped,” the law said.
Sources said that a provision has also been added to arrest accused without prior permission from competent authority. “The accused public servant may be arrested if his arrest becomes unavoidable. No prior permission is necessary for the arrest of public [servants] caught as a result of a raid.”
Restraining NAB in Sindh: QAT leader holds sit-in against Sindh Assembly decision
Talking to The Express Tribune, Law Minister Ziaul Hasan Lanjar said that they repealed the NAB Ordinance, 1999 following unauthorised raids conducted by its officials who only attempted to victimise ruling party leaders and Sindh government officials just to appease the federal government. “Corruption has never been a federal subject, which is why we have repealed the NAB Ordinance and want to bring in a new law,” he said, adding that after proper vetting of this bill, it will be referred to the Sindh Assembly. “We have to pass this law within 20 to 30 days,” he said.
After repealing the National Accountability Ordinance, 1999, Sindh government has finalised a law to deal with corruption cases in the province.
Official sources in the law department told The Express Tribune that after consultation with legal and constitutional experts, a bill has been drafted and will be presented in the Sindh Assembly soon. “We are replacing the National Accountability Bureau [NAB] with the Sindh Anti-Corruption Agency,” a senior official in the law department disclosed, adding that the existing anti-corruption establishment will be merged into the new anti-corruption agency, which will work as independent body.
The preamble of the newly bill says, “It is expedient to provide for constitution of a special agency for the investigation of certain offences relating to corruption or holding inquiries against public servants etc”.
The sources, sharing the draft of the law, said the chairperson of the agency will be appointed through a Sindh Assembly committee comprising eight members with equal representation from the treasury and opposition benches. “The Sindh Assembly speaker will head the committee that will be called the ‘Accountability and Transparency Committee’. Four members each from the opposition and government will discuss and finalise the name of the chairperson of Sindh Anti-Corruption Agency and it will be referred to the governor for his assent,” explained the source.
New accountability law being drafted, says law minister
The chairperson of the agency will be appointed for a period of three years. The agency’s prosecutor-general, director-general, director of investigations and director of internal control will be inducted by the assembly committee for a period of five years.
According to the law, a public office holder or any other person involved in corruption can serve a maximum term of 14 years and a fine. “If any person is convicted of the offense of corruption, they shall stand disqualified from being elected and cannot hold government office for 10 years. Government officials will be dismissed from the services without pecuniary benefit and shall not be eligible to hold public office for a period of five years from the date of their dismissal,” the law reads, adding that the agency will have the power to freeze an offender’s assets if they are proven guilty.
Regarding plea bargains, the law stated that before conviction by the court any person or holder of public office can voluntarily come forward to return the assets. The agency may, subject to approval of the court, accept such offers after determination of the amount and deposit of the money in the government accounts. The person will then be absolved of all liabilities in respect of the allegations against them.
‘Who will hold corrupt persons accountable if NAB is eliminated?’
“The person exercising the option shall be deemed to have been convicted of the offence of corruption and corrupt practice. According to the law, every inquiry or investigation under this Act shall be completed within a 90 day period. An extension may be sought by the officer concerned from director or chairperson depending on nature of the case,” reads the law.
According to the law, no preliminary inquiry will be initiated by an officer of the agency against an accused public servant without prior approval of the chairperson. “In case of an application, the matter shall be submitted before the competent authority for inquiry. If it is found that the allegations are not established altogether, the matter shall be dropped,” the law said.
Sources said that a provision has also been added to arrest accused without prior permission from competent authority. “The accused public servant may be arrested if his arrest becomes unavoidable. No prior permission is necessary for the arrest of public [servants] caught as a result of a raid.”
Restraining NAB in Sindh: QAT leader holds sit-in against Sindh Assembly decision
Talking to The Express Tribune, Law Minister Ziaul Hasan Lanjar said that they repealed the NAB Ordinance, 1999 following unauthorised raids conducted by its officials who only attempted to victimise ruling party leaders and Sindh government officials just to appease the federal government. “Corruption has never been a federal subject, which is why we have repealed the NAB Ordinance and want to bring in a new law,” he said, adding that after proper vetting of this bill, it will be referred to the Sindh Assembly. “We have to pass this law within 20 to 30 days,” he said.