MPs adopt bill to fortify electoral sex bribes curbs

By Guardian Reporter , The Guardian
Published at 12:03 PM Sep 03 2024
George Simbachawene, the Public Service Management and Good Governance state minister in the President's Office
Photo: Courtesy of National Assembly
George Simbachawene, the Public Service Management and Good Governance state minister in the President's Office

THE National Assembly has passed a bill to amend the Anti-Corruption Act to introduce new offenses and penalties related to corruption in elections, plus new provisions on controlling gambling and entertainment.

George Simbachawene, the Public Service Management and Good Governance state minister in the President's Office, presented the bill in the legislature yesterday.

He said that intended amendments seek to strengthen the capacity of the Prevention and Combating of Corruption Bureaus (PCCB) to address corruption in these areas.

These amendments will enhance the institution's ability to combat corruption effectively, ensuring integrity and justice in election processes, sports events, gambling activities and the entertainment industry, he explained.

The bill slates fines ranging from 2m/- to 10m/-, or imprisonment for not less than five years for offenses related to sexual corruption, he said, pointing at Section 25 of the bill as criminalizing the solicitation of sexual bribes or other favours by persons in authority linked with obtaining employment, positions, accessing certain rights or other benefits.

Promising or providing sexual bribes or other favours to someone in authority to influence them to provide preferential treatment in any such exercise is criminalised as well.

Mashimba Ndaki (Maswa West), a committee member, said at the presentation of comments from the Administration, Constitution and Legal Affairs standing committee that the proposed amendments, particularly the new Section 25(1) (b), have faced criticism from stakeholders.

Critics say this section undermines protection for victims of sexual corruption and offers undue immunity to perpetrators, pointing at international and regional agreements related to such offences.

Article 15(a) of the United Nations Convention Against Corruption mandates member states to criminalize the solicitation of sexual bribes, similar to Article 4(1) (b) of the African Union Convention on Preventing and Combating Corruption and Article 3(b) of the Southern Africa Development Community (SADC) Anti-Corruption Protocol, he remarked.

Zanzibar has already addressed this issue through the Anti-Corruption and Economic Sabotage Act of 2023, which under Section 52 criminalizes the solicitation of sexual bribes.

Section 15 of the Anti-Corruption Act, Chapter 329 of the laws, currently criminalizes offering or promising any form of bribe to gain preferential treatment.

However, to further discourage such corruption, the committee recommends increasing the penalties in Section 25 of the Act, proposing to raise the maximum fine from 5m/- to 10m/- and extend the maximum prison term from three years to ten years, he added.