Tanzania to step up war on corruption in sports, elections

Dar es Salaam. The government has tabled a new bill that aims to close critical gaps in the country’s anti-corruption framework and address the vice in elections, sports and entertainment.

The Bill also seeks to broaden the involvement of the private sector in anti-corruption efforts.

The Prevention and Combating of Corruption (Amendment) Bill, 2024 was presented in Parliament on Monday by the Minister of State in the President’s Office (Public Service Management and Good Governance), Mr George Simbachawene.

With the local government election and General Election scheduled for this year and next year, respectively, the government believes that it is time to step up the anti-corruption drive in the area.

Mr Simbachawene said under the existing law, the Prevention and Combating of Corruption Act, Chapter 329, corruption offences are primarily tied to a “principal-agent relationship”, which requires proving a direct connection between the giver and receiver of a bribe.

He said this provision has made it difficult to prosecute cases of election-related corruption because such a relationship is often absent or difficult to establish in these scenarios.

“The new Bill proposes the introduction of a new “PART V A,” specifically designed to target corruption in elections, sports, gambling, and entertainment, and removing the requirement to prove a principal-agent relationship.

“This amendment will enable the PCCB o more effectively investigate and prosecute corruption in these areas,” Mr Simbachawene said.

He added that the original Prevention and Combating of Corruption Act, Chapter 329, was enacted in 2007 with the aim of promoting good governance and eradicating corruption in mainland Tanzania.

The law also established the PCCB, tasked with preventing and combating corruption in both public and private sectors.

“Seventeen years have passed since the enactment of this law. Although minor amendments were made in 2018 and 2019, and a review was conducted in 2022, the law still faces shortcomings that hinder its effectiveness in achieving its objectives,” Mr Simbachawene told lawmakers.
 Other key issues identified were the law’s the lack of definitions for critical terminology; inconsistencies between offenses and penalties; and conflicts with the Proceeds of Crime Act, Chapter 256.

Additionally, the limited scope of asset ownership definitions has posed challenges in investigating cases of illicit wealth accumulation.

According to Mr Simbachawene, the law also currently does not recognize non-financial stakeholders in the fight against corruption beyond financial institutions.

On that note he said the new bill proposes amendments to Section 46 of the law, which will expand the PCCB’s mandate to collaborate with a wider range of private sector entities, this includes private companies, civil society organisations, development partners, religious institutions, professional boards, and educational institutions.

“The aim of these amendments is to expand the scope of collaboration to include all key stakeholders, including both the private and public sectors,” said Mr Simbachawene.

Parliament’s Governance and Constitutional and Legal Affairs Committee said it supports the proposed amendments.

The committee’s chair, Mr Florent Kyombo, highlighted the importance of aligning the new provisions with existing laws, such as the Proceeds of Crime Act, Chapter 256.

In particular, the committee recommended the removal of the phrase “any football match” from the definition of the term “sport” in the Bill.

The committee argued that the original wording appeared to prioritise football over other sports, potentially leading to an uneven application of the law across different sports disciplines.

“We commend the government for accepting this advice and revising the definition to include all sports equally,” Mr Kyombo said.