Dear Editor,
Recently the leader of the WIN party, Mr Azruddin Mohamed, made allegations of corruption against two ministers of the current PPP Government of Guyana. The allegations, with pictures of properties purportedly owned by the two ministers, were widely publicized in the national and social media. Both ministers have responded with denials of corruption and pointed out that they have complied with the requirements for disclosure of all assets and liabilities in compliance with the Integrity Commission Act.
I recall that around 1970, Mr Eusi Kwayana who was concerned about corruption in government, requested an investigation by the Office of the Ombudsman of two ministers of the then government. At the time, the Ombudsman was legally empowered to conduct such investigations. The investigation absolved one minister but found the other guilty. The latter was then removed from office and given an ambassadorial post abroad.
I do not know if the position of Ombudsman still exists and/or has the same responsibilities as earlier. However, I am aware of the existence of the Integrity Commission Act, Laws of Guyana, Chapter 19:12. Under this Act, certain categories of individuals, including government ministers, are required to make annual declarations of all assets and liabilities of themselves and their immediate family members. A Code of Conduct for the noted categories of individuals is also included in the Act. Failure to comply with the full disclosure requirements of the Act as well as violation of the Code of Conduct could result in a fine of twenty-five thousand dollars and a jail term of between six and twelve months.
Regarding the declarations made by individuals, the Commission is required to “receive, examine and retain” all documents filed. It is also required to “verify or determine the accuracy of financial affairs as stated in the declarations”.
Of relevance in this ongoing saga is Section 28 (1) of the above Act which states “any person who has reasonable grounds to believe that any person in public life is guilty of breach of any provision of the Code of Conduct may make a complaint in writing to the Commission”. Subsections (a) to (d) outlines the information to be included in the complaint.
I believe most Guyanese would like to know the truth of these allegations. Instead of using the media to make allegations, the leader of WIN party should take the legal route accorded by the Integrity Commission Act. However, in doing so, he should be mindful of Section 28 (3) which stipulates a penalty of twenty-five thousand dollars and two months imprisonment for any complaint that is “frivolous, mischievous or spiteful”.
Is Section 28 (3) of the Act the reason for the leader of WIN and the leader of APNU to make allegations in the media of ministerial corruption but are unwilling to file complaints with the Integrity Commission?