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Campagne Semaines Pascales 2001
Combattons le tribalisme et la corruption pour une gestion transparente
Contributions
Fight against Corruption from a Criminal Point of View
Mr. ABENG KANG Sylvester, Retired Commissioner of Police.
Bamenda, 2nd May 2001
The
legislative arm of Government in 1965 adopted draft bills containing
certain measures to fight against corruption. These bills which were
promulgated into law on 12th November 1965 form sections 123,
134, 161, 312 and 344 of Cameroon Penal Code. There has been no direct
measure against
tribalism.
Section 1 of the Penal Code states that there is no exemption
before the law. That is the law is no respecter of
persons. This implies
that tribal and other considerations are not taken into account where
application of criminal law is
concerned. In a
way, this is a measure to
fight against tribalism in criminal matters besides other
ills.
Section 123 Sub 1a is about electoral corruption. It states that
whoever in the national
territory, by grant or promise of any individual
advantage influences the vote of any elector or induces him to abstain
from voting shall be punished with detention from 3 months to 2 years or
with fine of from 10.000 to 100.000 frs cfa or with both detention and
fine.
Sub section 2 puts the detention not to be less than 6 months and
the fine not to be less than 20 000 frs cfa where the vote influenced is
that of an electoral college or
constituency.
What do we see during election periods ? Voters are publicly bribed
with
salt, cooking
oil, money etc. some of us receive these under the
pretext that it will not influence us instead of say no to the
givers.
The question which immediately comes to mind is why do certain
individuals openly corrupt voters with impunity ?
Section 134 reinforced by law n° 77/23 of 6th December
1977.
Sub Section A (1) states that any public servant or government
employee who for himself or for a third
party,
solicits, accepts or
receives any
offer, promises, gifts or presents in order to perform or
refrain from performing or postpone any act of this office shall be
punished with imprisonment for from 5 to 10 years and with a fine of from
200 000 to 2 000 000 francs
cfa.
Sub Section A (2) stipulates that where the act does not lie within
the competence of the person corrupted but was however facilitated by his
office, the imprisonment shall be from 1 to 5 years and the fine of from
100 000 to 1 000 000
frs. For example : A service head in charge of
material in a ministry contacted and bribed by someone wanting to have
undue promotion. This service head in turn contacts his colleague in
charge of material in a ministry contacted and bribed by someone wanting
to have undue promotion. This service head in turn contacts his colleague
in charge of training and promotion to effect the promotion.
Sub Section A(3) Any public servant or government employee who
solicits or accepts any reward in money or in kind for himself or for a
third party as remuneration for having already performed or refrained from
any such act shall be punished in like manner as in A(2)
above.
Sub Section B(1) and B(2) of Section 134 are for the person giving
or offering the bribe.
Sub Section B(1) provides that the giver shall be punished the same
as the receiver in Sub Section A(1) above whether the corruption produced
its effect or not. For instance, someone gives a bribe so that his name
should be included in the list of successful candidates for admission into
a school and his name does not appear on the list. He will still be
punished just as if the name had appeared on the said list.
Sub Section B(2) states that whoever makes gifts and presents or
yields to requests for remuneration of an act done or undone shall be
punished in like manner as under Sub Section A (2) above i.e. with
imprisonment for from 1 to 5 years and fine of from 100 000 to 1 000 000
frs cfa just as someone corrupted to perform or refrain from an act which
does not lie within competence but facilitated by his office.
Section 161 as modified and reinforced by law n° 7/33 of the 6th
December 1977 is about procuring influence (trafic d’influence) Sub
Section 1 outlines that whoever by assault or threat or by gift or promise
corrupts a person having any influence, real or
supposed, with interest to
procure any advantage from any public authority shall be punished with
imprisonment for from 2 to 10 years and with fine of from 20 000 to 1 000
000 frs
cfa.
Sub Section 2 stipulates that any public servant who for himself or
for a third party
solicits, receives or accepts any
offer, promise or gift
to procure any advantage from any public authority…., any contract,
operation or other benefit arising from agreement… Shall be punished
with imprisonment for from 2 to 10 years and with fine of from 20 000 to 1
000 000 frs
cfa.
Sub Section (2) above is talking against corruption in award of
contracts among other issues. We know about the demand for 30 % from proceeds of
contract by public servants for themselves or for a third
party. Why is it
that nobody has hardly been brought to competent jurisdiction to answer
charges as provided in this Sub Section ? Definitely those contractors who
agree to surrender 30 % should be reminded that they are
accomplices. That
in a state of
law, the giver shall be punished just as the receiver who is
the principal
offender.
Section 312- Corruption of
employee. Corruption is not only for
public servant or government
employee. It applies also to employee in the
private
sector. Hence any employer in the private sector in receipt of any
form of emolument who without the permission of his employer receives any
gift or accepts any promise for doing or omitting any act of his duty
shall be punished with imprisonment for from 1 to 3 years or with a fine
of from 50 000 to 500 000 frs cfa or with both such imprisonment and fine.
In this section the punishment is less than that provided in section 134
concerning public servant.
Here, there is option of fine unlike in section
134 where the punishment is imprisonment and fine.
Section 344 modified by ordinance n° 72/16 of 28th September
1972 is about corruption of youth (corruption de la jeunesse). It states
that whoever in order to satisfy sexual or immoral desires of another
person, habitually excites, encourages or facilitates
immoral/sexual
pleasure or corruption of any person under 18 years of age shall be
punished with imprisonment for from 1 to 5 years and with a fine of from
20 000 to 1 000 000 francs. This practice is very common in our society
especially in the so called chicken parlors where young girls are used to
attract customers who are in need of illicit sexual satisfaction. Have we
ever heard of those proprietress of these chicken parlors has been
prosecuted for
exciting, encouraging or facilitating this immoral
behaviour ? The answer is no ! The immediate remedy is that all persons of
good will should embark on sensitisation against these immoral practices
and parents should not condone such
acts.