25-06Research all chapters.doc

THE OPEN UNIVERSITY OF TANZANIA

FACULTY OF LAW

TOPIC : THE CONSTRAINING FACTORS IN THE FUNCTION OF PCCB

IN PRVENTION AND COMBATING OF CORRUPTION IN

MAINLAND TANZANI

CASE STUDY : MERU DISTRICT COUNCIL

CANDIDATE : MSHANA, Safieli W.

REG. : NO. 52679/T.10

SUPERVISOR : MS. GIFT KWEKA

A COMPULSORY RESEARCH PAPER SUBMITTED IN PARTIAL

FULFILMENT OF THE REQIUREMENTS FOR THE AWARD OF THE

DEGREE OF THE BACHELOR OF LAWS (LLB) OF THE OPEN

UNIVERSITY OF TANZANIA

JUNE, 2014

CERTIFICATION

I, the undersigned certify that, I have read, and hereby recommend for acceptance by the

Open University of Tanzania, this research paper titled: The constraining factors in the

function of PCCB in prevention and combating of corruption in mainland Tanzania

…………………………………..

MS. GIFT KWEKA

(SUPERVISOR)

DATE…………………………….

ii

DECLARATION

I, MSHANA, Safieli W., do hereby declare that this Research paper is my own work and

has not been submitted for any other University or Institution of higher learning award

or other degree.

……………………………………………………….

MSHANA, Safieli W.

(STUDENT)

This……………..day of……………….2014

iii

COPYRIGHT

This research paper is a copyright material protected under the Berne Convention, the

Copyright and neighboring Rights Act of Tanzania and National enactments, in that

behalf, on intellectual prosperity. It may not be reproduced by any means, in full or in

part, except for short extracts in fair dealings; for research or private study, critical

scholarly review or discourse with a acknowledgement without the written permission of

the directorate of undergraduate studies on behalf of the author/student and the Open

University of Tanzania.

iv

ACKNOWLEDGEMENT

I wish to express my gratitude to all whom in one way or another helped me in this

research from the starting point up to its final stage.

I advance special thanks to my research supervisor Ms. Gift Kweka for her personal and

academic support during my research work. She assisted me in every stage of this

research. Her amendments and criticism eventually enabled me to successfully complete

this work.

Special thanks should go to my beloved wife Mrs. Christina G. Kijazi who took care of

things in my absence while busy with studies, my lovely daughters Glory, Silvia and

Samara for giving me a room to do this research.

I would like also to thank Mr. Marcel Masalu, the DRC Arusha and all staff members

for being tireless to encourage me to reach this stage of my course.

I would also like to extend my appreciations to Arusha RBC, Arumeru DBC, all PCCB

staff and Arumeru District court magistrates who assisted me much with learning

materials and by taking their time to answer my Questionnaires.

Special thanks to Mr. Aristid Rigongo who offered his constructive guidance from the

beginning of this work through reading material as well as in data gathering and

analysis. His sharp eyes inspired and stimulated me to dig into root of this research topic

and come up with this work.

v

DEDICATION

I dedicate this work to my Lovely late father Mr. Wilson K. Omari who taught

me the way of life which then guided me to grow and be as I am. May he rest in

eternal peace while hoping to meet each other in a New Jerusalem as I believe in

Jesus name, AMEN.

vi

ABSTRACT

The prevention and combating of corruption bureau is an institution vested with the role

of curbing corruption in Tanzania Mainland. The bureau has offices in all districts in the

mainland with the central aim of reaching people in its attempt to fight corruption. The

PCCB has been facing complaints from the majority of people that it has never achieved

its expected role of eradicating corruption in the country. The researcher in this work

thus decided to carry out a survey based in meru district council to find out reasons for

perceived failure of the bureau. Research finding indicate that there is limited functional

independence on part of the bureau in its daily function hence limiting its capacity to

tackle the vice. Findings further indicate that there has been little support from other

government institution in the battle coupled with people’s limited understanding of

corruption and its impacts in the society. Furthermore findings reveal that the PCCB

itself is not well supplied in terms of resources hence limiting its capability to effectively

curb corruption in the district and the county in general. In addition findings indicated

that the Act (PCCA No.11/2007) is not adequate as a tool to fight corruption hence its

need for review is inescapable. It was proposed that in order for the bureau to attain

success in its battle against corruption it should invest more on community education

especially the primary schools so as to build stronger foundation for the battle from the

grass root. Further recommendations indicated that the bureau should thrive to seek full

mandate for its operations, ensure its inclusion in the law of the land, and get budgetary

expansion so as to meet its resources need and employees’ motivation.

vii

ABBREVIATIONS

PCCB - Prevention and Combating of Corruption Bureau

PCCA - Prevention and Combating of Corruption Act

ACS - Anti-Corruption Squad

PCB - The Prevention of Corruption Bureau

DPP - Director for Public Prosecution

RBC - The Regional Bureau Chief

DBC - The District Bureau Chief

NACSAP - The National Ant-corruption and Strategy Action Plan

MDA - Ministerial Department and Agency

CHRGG - Commission for Human Rights and Good Governance.

GN - Government Notice

Et all - et alia (and other persons)

Ibid - Ibidem (in the same place, book or source)

NO - Numeral (Number)

R.E - Revised Edition

UNCAC - United Nations Convention Against Corruption

viii

TABLE OF CONTENTS

CERTIFICATION.............................................................................................................ii

DECLARATION..............................................................................................................iii

COPYRIGHT....................................................................................................................iv

ACKNOWLEDGEMENT.................................................................................................v

DEDICATION..................................................................................................................vi

ABSTRACT.....................................................................................................................vii

ABBREVIATIONS........................................................................................................viii

TABLE OF CONTENTS…………………………………………………………….….ix

CHAPTER ONE................................................................................................................1

1.2 STATEMENT OF THE PROBLEM...........................................................................6

1.3 RESEARCH OBJECTIVES........................................................................................8

1.3.1 Main Objectives........................................................................................................8

1.4 RESEARCH QUESTIONS..........................................................................................9

1.5 SIGNIFICANCE OF THE STUDY.............................................................................9

1.6 LITERATE REVIEW..............................................................................................10

ix

1.6.1 Introduction.............................................................................................................10

1.6.2 TYPES OF CORRUPTION.................................................................................11

1.6.3 The Battle against Corruption in Tanzania.............................................................15

1.7 RESEARCH METHODOLOGY.......................................................................18

1.7.1 Introduction.......................................................................................................18

1.7.2 Research site......................................................................................................18

1.7.3 Study population................................................................................................18

1.7.4 Sampling Procedure...........................................................................................18

1.7.5 Data collection...................................................................................................19

1.7.5.1 Primary data.........................................................................................................19

1.7.5.1.2 Interviews..........................................................................................................19

1.7.5.2 Secondary data.....................................................................................................19

1.7.5.3. Data Analysis......................................................................................................19

CHAPTER TWO..............................................................................................................21

2.1 COMBATING CORRUPTION, GOOD GOVERNANCE, INTEGRATY AND ITS

IMPACT TO THE ECONOMIC AND HUMAN BASIC RIGHTS...............................21

x

2.1.1 Why does corruption matter for development?.......................................................23

2.2 International Guidelines for the Establishment and Operation of Anti-Corruption

Institutions........................................................................................................................24

2.2.1 Independence...........................................................................................................24

2.2.2 Jurisdiction, Powers and Scope of Activities of the Institutions and how the PCCB

has Coup with it................................................................................................................28

2.2.3 Cooperation between National Authorities and Non-State Actors.........................31

2.2.4 Constraints and challenges......................................................................................32

CHAPTER THREE..........................................................................................................42

3.0. FIELD OBSERVATIONS AND RESEARCH FINDINGS.....................................42

3.1. Introduction...............................................................................................................42

3.2. Respondents’ Characteristics....................................................................................42

3.2.1 Respondents’ Gender..............................................................................................42

3.2.2. Respondents’ Age..................................................................................................44

Table 2: Respondents’ Age.............................................................................................44

3.2.3 Respondents’ Level of Education...........................................................................45

xi

Table 3: Respondents’ Level of Education...................................................................46

3.3. Reasons for Little Success in the Battle against Corruption in Meru District Council

..........................................................................................................................................47

3.3.1. Understanding of Corruption and its Effects..........................................................47

3.3.2. PCCB’s Resources to Fight Against Corruption....................................................49

3.3.3. Functional Independency by the PCCB.................................................................51

3.3.4. Assistance /Support from other Government Institutions......................................52

3.4. Adequacy of the PCCA Na.11/2007 as a Tool to Fight Corruption.........................54

3.4.1. Knowledge on the Existence of the Act.................................................................54

3.4.2. Adequacy of the Act...............................................................................................56

3.4.3. The Need to Review the Act..................................................................................57

3.5. Proposed Strategies to be used by the PCCB so as to achieve its Desired Goals.....59

CHAPTER FOUR............................................................................................................61

4.0. SUMMARY OF FINDINGS, CONCLUSIONS AND RECOMMENDATIONS...61

4.1. Introduction...............................................................................................................61

4.2 Conclusion..................................................................................................................61

xii

4.3 Recommendations......................................................................................................62

REFERENCES/BIBLIOGRAPHY..................................................................................64

Articles from Websites and blogs:...................................................................................66

APPENDIX I ...................................................................................................................67

xiii

CHAPTER ONE

1.0 INTRODUCTION

1.1 Background to the Study

Corruption is a world plague that damages both developing and developed country

economies, increasing costs and reducing the efficiency and stability of world markets1

Corruption weakens governments by undermining the rule of law and public confidence

in government institutions 2

In Tanzania corruption has been a predicament even before gaining her independence in

1961. The colonial Administration unambiguously defined the soliciting, receiving and

giving of bribes as a criminal offence in the year 1930s. In 1958, through the Act of

Prevention of Corruption Ordinance3, corruption was more broadly defined to include

receipt of gifts and commissions. Immediately after independence the new government

went further to identify that the issue of corruption was primarily seen to be a problem at

the lower administrative level in the delivery of social services4.

Following this the independent Government adopted radical social and economic

policies such as the policy of socialism and self-reliance represented by the Arusha

Declaration in 19675. This was followed by nationalization which took place all over the

1 Antonio Argandoña19962 See Mary Hallward-Driemeier3 Cap.4004 REPOA, 20065 ibid.

1

country with the view simplifying provision of social services to the citizens at all level6.

Leadership Code had been enacted with the Arusha Declaration, proscribing leaders

from engaging in any capitalist activity, such as setting up commercial ventures or

owning properties for rent7. Other measures that followed to ensure attainment of ideals

of socialism include village settlement campaign in 1971-75, the abolition of the

independent cooperative movement in 1975, and the emasculation of civil society. While

such policy measures were introduce with good intentions, opportunities for abuse arose

and public officials pursued their private interests at the expense of the public goals

(designed for their specific role)8. Public officials were entrusted with considerable

discretionary while receiving meager salaries. Mechanisms of accountability were

ineffective and this led to numerous opportunities for corruption9.

In 1974, the PCA was amended by Act No. 2 of 1974, which provided for the

establishment of The Anti-Corruption Squad hereafter referred to as (ACS). The

government under President, the late Julius Nyerere established the Anti-Corruption

Squad (ACS) on the 15th January 1975 by Government Notice No. 17 of 1975. With its

establishment, the ACS took over the anti-corruption function that was hitherto carried

out by the Police Force10.

6 Ibid.7 ibid8 ibid.9 ibid10 http://www.pccb.go.tz

2

In 1991, as a result of economic liberalization and political pluralism that loomed in

Tanzania in the late 1980s and early 1990s, the PCA was further amended to match

these changes. This saw to the establishment of The Prevention of Corruption Bureau

(PCB) which took over the functions of the ACS11.

The Government of Tanzania’s policy of zero tolerance for corruption dates back to1996

when the Warioba Commission was appointed to examine the magnitude of corruption

and recommended ways for addressing the vice12. In response to the Warioba Report The

National Ant-Corruption Strategy and Action Plan (NACSAP) was introduced, in the

year 2001 and 2008, the Tanzania National Ant-corruption Strategy And Action Plan

NACSAP I and NACSAP II respectively.

NACSAP I was programmed to monitor particularly emphatic on corrupt and unethical

conduct among civil servant, through Ministries; Department and Agency. This was

implemented between 2001 and 200613. A key objective of the enhanced NACSAP II

2008 - 2011, was to complement other core public reform sector like local government

reform program; Legal Sector Reform Program, in strengthening governance, instituting

good governance, transparency, accountability, integrity, efficiency and improve public

service delivery14

11 ibid12 Enhanced National Ant-Corruption Strategy and Action Plan (NACSAP II) 2008 – 2011

13 ibid143RDQuaterrly monitoring report July – September 2002

3

The Prevention and Combating of Corruption Bureau is established under Section 5 of

PCCB15. This Act came into force after the repeal of (PCA)16 Cap 329 (RE 2002). This

was after the Parliament of the United Republic of Tanzania passed The Prevention and

Combating of Corruption Bill of 2007 on April 16, 2007. His Excellency President of

the United Republic of Tanzania Jakaya Kikwete assent the bill on June 11, 2007 to

make it an Act of parliament which came into force on July 1, 200717. This new Act

gives the PCCB, the mandate to operate independently18.

The PCCA No. 11/2007 provides the promotion and enhancement of good governance

and eradication of corruption. The PCCB’s mandate is defined under section 7 of the

Prevention and Combating of Corruption ACT, 2007 (PCCA 2007) which is: to prevent

corruption; to educate the society; and to enforce law against corruption. And it is

mission is to work together with all stakeholders to fight corruption by making it high

risk with low returns through Education, Prevention, detection and prosecution19 .

According to the National Anti-Corruption Strategy report the effects of corruption can

be found in failure to achieve Government objectives, rise in administrative costs,

reduced foreign investment, diminish revenue collection and erosion of the courage and

resolve to adhere to high standards of probity.20

15 The Prevention and Combating of Corruption Act No. 11 of 2007 (PCCA No. 11/2007)16 The Prevention of Corruption Act17 http://www.pccb.go.tz18 PCCB Report in IAAACA Conference 201219Presentation By Dr. Edward Hoseah Nov 200920 The National Anti-Corruption Strategy and Action Plan for Tanzania, Dar es Salaam, November, 1999. page 3

4

National leaders in the 3rd and 4th phases have been struggling to make sure that the war

against corruption succeeds to an observable extent. This is witnessed via their speeches

in several public occasions as cited hereunder:

“We have persisted in our resolute struggle against corruption, including through

rolling out plans to combat corruption; the establishment of anti-corruption bureau

offices at the district level; and enhanced accountability for resources transferred from

the Central Government to the district level. Tanzania’s efforts in fighting corruption

are starting to win international recognition.21”

“The Fourth Phase Government will strengthen the public service and fight social ills

without fear or favor.”22

Despite the above efforts that have been made by both the United Republic Government

of Tanzania and colonial government so far, yet there a number of challenges which

hinder fight against corruption in Tanzania Mainland and those are what has necessitated

this study. Therefore, this research or rather study is aimed to examine the challenges

that hinder a smooth fight against corruption in Tanzania Mainland, Meru District

council in particular being a case study.

21 His Excellency President Benjamin W. Mkapa addressing the 4th International Investors Round Table (IRT) meeting at the Golden Tulip Hotel, 23rd November, 2004). 22 Speech by H.E. Jakaya Kikwete to the Tanzanian Parliament on 30 December 2005.

5

1.2 STATEMENT OF THE PROBLEM

In its struggle against corruption the Government decided to introduce a more robust and

comprehensive National Anti- Corruption Strategy And Action Plan Phase Two

(NACSAP II) implemented for the period as from 2008-2011. The methodology of the

strategy was to involve all stakeholders to understand their respective role and own the

process towards reduction of corruption at all levels (private sector, public sector, civil

society, media and development partners (DPs). A National Steering Committee (NSC)

was established to oversee the implementation of NACSAP II as per Key Result Areas23

As a part of strengthening and widening involvements in Preventing and fighting

Corruption, the PCCB has introduced anti corruption clubs to all Secondary schools and

universities. The essence of establishing this program is to make them understand the

science of corruption and the consequences of participating in corruption at their young

ages. Up to June, 2013 a total number of 3,963 clubs with 267,362 members in all

secondary schools were established and are functioning. At the university level, 79

Universities have established the Anti-Corruption Clubs with the total number of 8,752

members24.

23The United Republic of Tanzania The Enhanced National Ant-Corruption Strategy and Action Plan

(NACSAP II) 2008 – 2011.

24 http://www.pccb.go.tz6

In recent efforts, the PCCB via its Director General Dr. Edward Hoseah launched a

community awareness campaign by meeting and educating groups of people with high

community influence. In May 2013, the bureau director General met the religion leaders

and leaders of ant-corruption clubs with aim of urging them to preach not only their

religious issues but also to include the negative impacts of corruptions during their

sermons.25

With similar intentions in October 2013, Dr Hoseah met the Country’s renowned, music

artists (musicians, vocalist groups, solo artists, and writers), drummers and Actors at the

bureau’s head office and urged them to fully participate in educating the community

about corruption and its impacts to the Nations welfare through their works.

However despite all of the above efforts corruption is still a major problem disturbing

the national, political, religious, leaders and the community in general.

Recent research by Tanzania Corruption tracker System26 where they asked the

Tanzanians’ opinions on the outcomes of the fight against corruption during the 50 years

of independence indicates that, 75.4% of the citizens who were asked whether they saw

any success within Tanzania mainland over the 50 years of independence in fighting

against corruption said NO, where as 13.7% said YES and 10.9% were uncertain. The

question therefore was to know factors constraining all those nationwide efforts, and the

stumbling blocks on the way through the battle against corruption.

25 ibid26 ibid

7

This study intended to uncover such constraining factors in the fight against corruption

at the district level and propose measures that could be taken to at least realize a kind of

success and restore the bureaus’ trust to the community.

1.3 RESEARCH OBJECTIVES

1.3.1 Main Objectives

The main objective of this study was to identify and analyze the constraining factors in

the function of Prevention and Combating of Corruption Bureau (PCCB) in curbing

corruption in Meru District Council in Arusha region Tanzania.

1.3.2. Specific Objectives

This study had the following Specific objectives:

a) To find out why there is little success in the fight against corruption in Meru

District Council

b) To find out whether the PCCA Na.11/2007 is adequate as a tool to fight

corruption

c) To propose strategies to be used so as to achieve the desired goals of the PCCB in

the war against corruption

1.4 RESEARCH QUESTIONS

The study was guided by the following questions:

8

a) What are the factors that limit PCCB in curbing corruption in the Meru

District Council?

b) Is the PCCA No.11/2007 adequate in curbing corruption?

c) Does the PCCB enjoy independency in performing it duties?

d) What else should be done to enable the PCCB achieve its mission?

1.5 SIGNIFICANCE OF THE STUDY

The researcher has a feeling that the battle against corruption has not been given proper

attention it deserves. Corruption has affected peoples life government plans and polices

aiming to bring better life to citizens as a result the nation economic pace becoming

slower and slower. Findings from this study will therefore generate information to be

used as a basis for policy makers and other Stakeholders such as NGOs as well as the

Community in general. Also findings from the study will reveal the limits and

challenges of the Prevention and Combating of Corruption Bureau (PCCB) in curbing

corruption and therefore plan effective measures to overcome such challenges. In

addition, the study will reveal the limits of the PCCA No.11/2007 in curbing corruption

to the desired level hence propose ways of its amendment.

1.6 LITERATE REVIEW

1.6.1 Introduction

In this part I went through corruption issues as described by the various books, journals

articles, news papers, retrieval Technologies leaflets and newsletters as well as other

9

scholars’ work published and unpublished provided that the authors wrote something

with elements of constraining factors for the battle against corruption.

Meaning of Corruption

Although there are several conventions dealing with corruption and bribery, there is no

single globally accepted definition of corruption.

According to Concise Encyclopedia27 Corruption can be explained as an Improper and

usually unlawful conduct intended to secure a benefit for oneself or another. Its forms

include Bribery, Extortion, and the misuse of inside information. It exists where there is

community indifference or a lack of enforcement policies. In societies with a culture of

ritualized gift giving, the line between acceptable and unacceptable gifts is often hard to

draw.

Hodd and Theobadd,28 distinguish two forms of corruption. On the one hand, there is

routine or petty corruption; this is what sometimes referred to as bureaucratic corruption

and on the other hand, there is what is termed as grand corruption. The former refers to

the acceptance or extortion of bribes, embezzlement, or the illegitimate or illegal use of

public resources by low level government employees. The latter denotes the misuse of

public power by heads of state, ministers and senior officials for private pecuniary

'necessary corruption', which occurs in order to get things done. Corruption in terms of

27 http://www.repoa.or.tz28(1996) 277

10

true corrupt intent implies bribery in order to obtain a service to which one is not legally

entitled. In contrast, necessary corruption implies bribery in order to obtain a service to

which one is legally entitled. Facilitation payments would fall under this latter category

of corruption. Whether the service is legally entitled or not the gap here is based on the

fact that at the end of the day bribery become a necessary evil of which when practiced

for long with no effective mechanism of cubing it, eventually become a norm in society

which becomes indifferent to what is going on, and its outcome is what will happen

when corruption become uncontrolled.

1.6.2 TYPES OF CORRUPTION

There is no globally agreed classification of corruption. However the following is among

the commonly used classification. According to Michael Johnston in his paper on

Fighting Systemic Corruption: Social Foundations for Institutional Reforms29,

Corruption is classified in the following ways:-

Systemic corruption

As opposed to exploiting occasional opportunities, endemic or systemic corruption is

when corruption is an integrated and essential aspect of the economic, social and

political system, when it is embedded in a wider situation that helps sustain it. Systemic

corruption is not a special category of corrupt practice, but rather a situation in which the

major institutions and processes of the state are routinely dominated and used by corrupt

29 http://www.u4.no/document/faqs511

http://www.u4.no/document/faqs5

individuals and groups, and in which most people have no alternatives to dealing with

corrupt officials.

Sporadic (individual) corruption

sporadic corruption is the opposite of systemic corruption. Sporadic corruption occurs

irregularly and therefore it does not threaten the mechanisms of control nor the economy

as such. It is not crippling, but it can seriously undermine morale and sap the economy

of resources.

Political Corruption

Political corruption is any transaction between private and public sector actors through

which collective goods are illegitimately converted into private-regarding payoffs.

Political corruption is often used synonymously with “grand” or high level corruption,

distinguished from bureaucratic or petty corruption because it involves political

decision-makers. Political or grand corruption takes place at the high levels of the

political system, when politicians and state agents entitled to make and enforce the laws

in the name of the people, are using this authority to sustain their power, status and

wealth. Political corruption not only leads to the misallocation of resources, but it also

perverts the manner in which decisions are made. Political corruption is when the laws

and regulations are abused by the rulers, side-stepped, ignored, or even tailored to fit

their interests. It is when the legal bases, against which corrupt practices are usually

12

evaluated and judged, are weak and furthermore subject to downright encroachment by

the rulers. The gap hire is the same as of grand corruption30

Grand corruption

High level or “grand” corruption takes place at the policy formulation end of politics. It

refers not so much to the amount of money involved as to the level in which it takes

place, grand corruption is at the top levels of the public sphere, where policies and rules

are formulated in the first place, sually (but not always) synonymous to political

corruption. Acording to the definition corruption must favor the interest of either a

single person or group of people, therefore in democracy society with malt party election

this interest could be easier to shift therefore to favor the one who is not intended.

Petty corruption

Small scale, bureaucratic or petty corruption is the everyday corruption that takes place

at the implementation end of politics, where the public officials meet the public. Petty

corruption is bribery in connection with the implementation of existing laws, rules and

regulations, and thus different from “grand” or political corruption. Petty corruption

refers to the modest sums of money usually involved, and has also been called “low

level” and “street level” to name the kind of corruption that people can experience more

or less daily, in their encounter with public administration and services like hospitals,

schools, local licensing authorities, police, taxing authorities and so on. The gap which

30 See grand corruption13

has been be examined here is the fact that; though the sums of money involved are

modest but the repercussions are usually atrophic which often lead to lose of lives at

other incidence, for example a person failing to give a take back of small amount of

money can end up by losing a life after failure to receive medical attention she or he

desired. Therefore it is petty because small amount of money involved is small but the

effect associated is not petty.

1.6.3 The Battle against Corruption in Tanzania

According to Afro Barometer brief paper of combating Tanzania perception and

experience of April 200731 corruption The Government of Tanzania has committed itself

to fighting corruption in all spheres of the economy. This commitment has come from

both past and current presidents. During the inauguration of the current Parliament, the

new president, His Excellency Jakaya Mrisho Kikwete, made it very clear that in

strengthening good governance, the problem of corruption will be dealt with

relentlessly:

31 http://www.repoa.or.tz14

“Serikali ya Awamu ya Nne itaimarisha utendaji Serikalini na kupambana na maovu

katika jamii bila woga wala kuoneana muhali.”“The Fourth Phase Government will

strengthen the public service and fight social ills without fear or favour.”32

According to a research by REPOA 2002, the intensity of the fight against corruption

has increased as the corruption problem itself has escalated, particularly in the public

sector. The efforts began in 1966, when the government established the Permanent

Commission of Enquiry (Ombudsman) to check on the abuse of powers by government

officials and agencies.

To complement the work of the Commission, in 1971 the Government passed a

Prevention of Corruption Act, which enabled the formation of the Anti-Corruption

Squad in 1975. In 2001, the Permanent Commission of Inquiry was, through an Act of

Parliament, transformed into the Commission for Human Rights and Good Governance

(CHRGG).

As corruption nonetheless worsened, an effort was made to strengthen the Anti-

Corruption Squad by transforming it into the Prevention of Corruption Bureau (PCB)

under the President’s Office. As the name suggests, PCB was to address itself to

preventive measures including, among others, educating the public about the evils of

corruption and how to combat it.

32 Speech by H.E. Jakaya Kikwete to the Tanzanian Parliament on 30 December 2005.15

President Benjamin William Mkapa came to power in 1995 and was committed to

battling corruption. He set up a Presidential Commission of Inquiry Against Corruption

in 1996, known as the Warioba Commission, which undertook an in-depth diagnosis of

the problem and made extensive recommendations as to how corruption should be

prevented and combated.

The Warioba Report has become the foundation for the new initiative to combat

corruption in the country; as such, corruption has become a major component of the

reform initiative in the country. Under this new approach, the government sought to

adopt a coherent strategy, taking a more holistic and integrative approach to tackling

corruption. In the late 1990s, the government prepared a framework paper on good

governance the National Framework on Good Governance in line with the government’s

good governance vision contained in Vision 2025.

The paper emphasized a government system that was transparent, responsive and

accountable, managed by officials who are accountable, efficient, ethical and

professional. For implementation a purpose, a National Anti-Corruption Strategy was

prepared that was to guide all branches of the government in combating corruption.

Essentially this entailed mainstreaming anticorruption activities in the government

ministries, departments, agencies and local authorities. Within such framework, each

16

institution was to prepare its own Action Plan. The Action Plans prepared have been

termed the National Anti-Corruption Strategy and Action Plan (NACSAP). To ensure

effective implementation, the government established coordinating organ, the Good

Governance Coordination Unit, in the President’s Office, and put in place a monitoring

system that produces quarterly reports from each Ministerial Department and Agency

(MDA). Under this new strategy, many former government employees have lost their

jobs (GGCU Quarterly Monitoring Reports).

On my view the plan was good but there was implementation and enforcement gap.

Actions of stopping bribery and fraud, in each Ministerial Department and Agency

(MDA). And working closely with civil society and other key stakeholders cannot easer

implemented and measured within the period of five year. The research found that this

strategy somehow has reduce corruption in public department

1.7 RESEARCH METHODOLOGY

1.7.1 Introduction

This chapter explains the Research Methodology adopted by the researcher to obtain

data for the study. It includes the research site, study population, sampling procedure

and data collection.

17

1.7.2 Research site

This work was done in the Meru District Council in Arusha Region. The Field work

involved visiting and collecting primary data. The researcher visited all the seventeen

wards of Meru District Council namely; Usariver, Maji ya chai, Kikatiti, Maroroni,

Makiba, Mbuguni, Kikwe, Poli, Akheri, Seela/Sing,isi, Nkoanrua, Nkoarisambu,

Songoro, Nkoaranga, Ngarenanyuki, Leguruki and King’ori, also the researcher visited

the PCCB Office in Arumeru District and Arusha/Meru District Court.

1.7.3 Study population

This work involved 100 Respondents from the Seventeen (17) wards of Meru District

Council, the PCCB Office in Arumeru District and Arusha/Meru District court.

1.7.4 Sampling Procedure

The researcher used both purposive and stratified random sampling techniques.

Stratified random sampling was used to select 90 Respondents because the population is

large and isolated. A purposive sampling technique was used to obtain the remaining 10

respondents from PCCB office and Arumeru district Court.

1.7.5 Data collection

Both primary and secondary data were collected.

18

1.7.5.1 Primary data

The researcher used questionnaire to collect primary data from 100 respondents in the

Meru District Council community, PCCB Staff and Arusha/Meru District Court

officials in the Arumeru District.

1.7.5.1.2 Interviews

Unstructured interviews were conducted by the researcher to collect relevant

information from Meru District Council community, PCCB Staff and Arusha/Meru

District court in the Arumeru District especially those who were not given a

questionnaire.

1.7.5.2 Secondary data

Secondary data were collected from variety of source including books, journals, leaflets

and newsletters as well as other scholars’ work published and unpublished.

1.7.5.3. Data Analysis

Data obtained were presented as they were extracted from the questionnaire or as

worked out from the field through interviews but editing for error correction was done.

The analysis was quantitatively and qualitatively.

The quantitative data analysis employed tabulation and percentage. The researcher also

summarized semi structured questions from the questionnaire. Hence, qualitative data

19

analysis used explanation building, pattern matching and comparison of data and

information.

CHAPTER TWO

2.0 ANALYSIS OF REASEARCH VIA SECONDARY DATA

2.1 HISTORICAL BACKGROUND ON CORRUPTION IN TANZANIA.

Corruption has been experienced in our country since during the colonial era under the

British administration, where the PCO33 was used to punish the corruption offenders.

And in the first year of independence, that was early 1960`s when corruption was

33 prevention of corruption ordinance PCO Cap 400 of the laws of Tanganyika.20

primarily seen to be a problem at the lower administrative level in the delivery of social

services34.

There was evidence that even some officers of government organs vested with the

responsibility of administration of Justice namely the Department of National Security,

the Police, the Judiciary and the Anti-Corruption Bureau were them immersed in

corruption.35 Instead of these organs being in the forefront of combating corruption, they

became part of the problem. Consequently, the ordinary citizen who was looking for

justice had no one to turn to. He was left helpless and had lost faith in the existing

leadership36

The Warioba report mapped the problem and magnitude of corruption in Tanzania and

drew the conclusion that the corruption has permeated all sectors and is therefore a

serious issue that deserves special attention for its crippling effects on the economy,

social fabric and political legitimacy37 Corruption, as a global problem, has to be

confronted globally since no single state, rich or poor, is not affected by the malaise.38

34 REPOA, 200635 See The Presidential Commission of Inquiry Against Corruption: Report of the Commission on Corruption, Volume 1, November 1996,p.46

36Ibid

37 Hoseah, E. Corruption in Tanzania. The case for circumstantial evidence. Cambria press: New York,

2008, P5.

38Search from, http://www.pccb.go.tz Director General Welcoming Message . April 2008

21

http://pccb.go.tz/index.php/about-pccb/all-about-the-pccb/dg-s-welcoming-message

http://www.pccb.go.tz/

2.2 THE ESTABLISHMENT OF ANT – CORRUPTION INSTITUTE

The researcher visited variety of literatures and other reports available at the bureaus’

district office in search for the historical trend that led to establishment of the current

institution that carter for corruption battle in the country and observed that Tanzania's

first anti-corruption agency dates back to 1974 when Act No. 2 mandated the

establishment of an Anti-Corruption Squad. In 1991, the squad was restructured; the

name changed to the Prevention of Corruption Bureau (PCB), and the organization was

placed de jure under the President of the United Republic of Tanzania (URT). In July

2007, the Prevention of Corruption Act (PCA) was put an end and replaced by the

current Prevention and Combating of Corruption Act (PCCA) which renamed the PCB

the “Prevention and Combating of Corruption Bureau” (PCCB). The PCCB is an

independent body39Section 5 of the PCCA. The mandate of the PCCB applies only to

mainland Tanzania.40 The PCCA No. 11/2007 was made to provide promotion and

enhancement of good governance and eradication of corruption.41 On doing this now

Bureau has the office almost in each District in Mainland Tanzania where the law is

applicable.

2.3 FUNCTIONS OF PCCB

39 See Section 5 of Act No.11/200740 Search from, http://www.pccb.go.tz Director General Welcoming Message . April 200841 Ibid

22



According to the PCCA42, the Prevention and Combating of Corruption Bureau

(PCCB), is a law enforcement institution established and mandated by the Prevention

and Combating of Corruption Act No. 11 of 2007 to prevent corruption, educate the

society on the effects of this problem, and enforce the law against corruption.43 Section 5

of this law establishes the Bureau as an independent public body, 44and Section 7 sets out

its functions.

The Act further provides that, functions of the Bureau shall be to take necessary

measures for the prevention and combating of corruption in the public, parastatal and

private sectors and in that regard, the Bureau shall:45

(a) Examine and advice the practice and procedure of public , parastatal and private

organizations in order to facilitate the detection of corruption or prevent corruption and

secure revision of methods of work or procedure action concerned;

42Act No. 11/200743 Search from, http://www.pccb.go.tz Director General Welcoming Message . April 200844 Act No. 11 of 2007 Section 7(b)45 Act No. 11 of 2007,Section 7

23



(b) Earliest and faster public support in combating corruption practices;

(c) Advice public , private and parastatal bodies on ways and means of preventing

corrupt practices , and on changes in method of work or procedure of such public ,

private and parastatal bodies compatible with the Bureau considers necessary to reduce

the incidences of corrupt practices

(d) Cooperate and collaborate with international institutions, agencies or organizations in

the fight against corruption;

(e) Investigate and, subject to the Directions of Public Prosecutions, prosecute offences

under this Act and other offences involving corrupt ; and

(f) Investigate any alleged or suspected-

i. Offence under this Act;

ii. Conspiracy to commit an offence under this Act;

iii. Conduct of public official which is in connected to corrupt.

On discharging its statutory functions, the Bureau is governed by the said PCCA and its

regulations,46 and also takes into consideration the following pieces of legislations:47

The Constitution of the United Republic of Tanzania 1977; The Economic and Organized Crime Control Act, No.13 of 1984; The Criminal Procedure Act, No. 9 of 1985; The Police Force and Auxiliary Forces Act, Cap322; The National Prosecution Services Service Act, No.27 of 2008; The Pinal Code Cap.16; The Evidence Act, No. 6 of 1967; The proceeds of Crime Act, No.25 of 1991; The Ant-Money Laundering Act,

46 The Prevention and Combating of Corruption Bureau Regulations, 2009.47 PCCB Strategic plan 2011/12 to 2013/14 p. 5

24

No.12 of 2006; The Mutual Assistance in Criminal Matters Act, No. 24 of 1991 and The Public Procurement Act, No.21 of 2004.

The Act provides further that, on implementing the above functions the bureau has the

following roles:-48

To receive and investigate corruption complaints from various sources

To prosecute cases when investigation is completed

To research on services provided by the Government; to educate and raise public

awareness to the community on various laws and their rights

To motivate citizens to fight against corruption

However this research observed that these goals were not well achieved due to

inadequate funds, technology advancement, and in adequate cooperation from other

stakeholders.

In the endeavor to combat corruption the Bureau adopts the three-pronged approach,

namely by prevention, public awareness, investigation and prosecution of offenders.49

48 See Section 7 of Act No. 11 of 200749 Ibid P.32

25

2.4 PCCB’s MECHANISM TO CATER FOR CORRUPTION IN TANZANIA

The researcher via documentary review observed that, there are five directorates in the

PCCB namely, Directorate of Investigation; Directorate of Research, Control and

Statistics; Directorate of Community Education; Directorate of Planning Monitoring and

Evaluation; Directorate of Administration and Human Resources. Each directorate was

given its specific tasks as follows:

2.4.1. Directorate of Investigation

Documentary review show that this directorate has the role of detecting, investigating

and prosecuting corruption offenders after receiving and investigating corruption

complaints from various sources.50 The researcher observed that for the period of 3 years

from June, 2011 – June 2014 a total of 105 complaints were received by PCCB Arumeru

district.51 These complaints were investigated where 4 cases were instituted in the court

of law and are in the process of hearing. According to the district bureau chief among

the complaints received some were investigate preliminarily and closed due little

evidence, other transferred to other institution, some administration measure were taken

while some were sent to the bureaus headquarters for review before appropriate actions.

2.4.2. Directorate of Research, Control and Statistics

The researcher found out that this directorate is responsible for prevention of corruption

in public and private sectors through strengthening systems. The directorate conducts 50 Search from, http://www.pccb.go.tz Director General Welcoming Message . April 200851 PCCB annually reports 2011-2014

26



researches in various areas of the country to uncover reasons behind corruption and

propose measure to be taken. The directorate also has the task of advice the public,

private and parastatal bodies on ways and means of preventing corrupt practices, and so

on changes in methods of works or procedures of such public, private and parastatals

bodies compatible with the effective performance of their duties, which the PCCB

considers necessary to reduce the incidences of corrupt practices.

In the 2011/12; 2012/13; 2013/14, the PCCB office in Arumeru District conducted 12

research projects there after it arranged about 6 control seminars to implement findings

to the stakeholders.

2.4.3. Directorate of Community Education

The researcher on visiting documents observed that this directorate is responsible for

involving the community in fighting corruption by raising public awareness on various

laws and their rights in order to motivate citizens to fight against corruption. The

directorate does this through seminars, public talks, public gathering, opening ant

corruption clubs in secondary schools and colleges, radio and TV programs as well as

exhibitions, and advertisement. The researcher observed that for a period of 3 years

(2011/12; 2012/13; 2013/14) a total of 57 ant – corruption clubs with 1593 members in

Arumeru District secondary schools and college were established and are functioning,

three exhibitions were done, three special articles were prepared, three radio programs

27

were aired, 1500 publications were distributed, 12 public meetings, 12 public talks and

72 seminars were conducted across the District.

2.4.4. Directorate of Administration and Human Resources

Documentary reviews further indicate that this directorate supports the other four

directorates by providing them with the right human and other physical and material

resources.52

2.4.5. Directorate of Planning Monitoring and Evaluation

The researcher also observed that this directorate has the role of carrying out monitoring

and evaluation of various programs and projects run by the bureau to enable it acquire

52 Search from, http://www.pccb.go.tz Director General Welcoming Message April 2008

28



and maintain highly qualified and productive management information system

workforce on time;53

Jointly the five directorates strive to achieve the mission and vision of the Bureau, the

missions of each directorate and the methods of realizing them. The mission statement

of the Directorate of Investigation urges it to detect, investigate and prosecute corruption

and related offences; the mission statement of the Directorate of Research, Control and

Statistics is to prevent corruption through strengthening systems in the public and

private sectors; the mission statement of the Directorate of Community Education is to

involve the community in fighting corruption; and the Directorate of Administration and

Human Resources’ mission is to make available to the Bureau the right human and other

resources at the right time and in the right place.54 And this could not be done on

insufficient budget.

The achievements of this entire directorate’s mission fulfill the high expectations of the

public to the Bureau and opposite of it contribute to constraining factors in the function

of the same. The researcher via documentary review found that there are reasons/factors

that constrain the bureau to reach the targeted mission among which include un

awareness of the existence of the Bureau and its function, Increase in demand of PCCB

services that is to be everywhere on time when they are needed while their offices are

limited to District level, Failure of the Bureau to tackle grand corruption which

demoralize informer to cooperate with the Bureau during investigation and prosecution, 53PCBB Strategic plan 2011/12 to 2013/14 p. 1654 Ibid

29

Lack of resources like qualified and specialized skills and modern equipments,

Insufficient budget which limit to accommodate all planed activities, Inadequacy of the

PCCA No. 11/2007 on prosecution power which hinder the Bureau to bring the case to

the court of law without DPP consent, except those which falls under section 15.55 “The

law as it stands today, the PCCB can only investigate corruption related offences but in

turn it is the Director of Public Prosecutions (DPP) who will determine whether or not

these cases should be taken to the court”56 This is a very big legal constraints faced by

the Directorate of Investigation in achieving its mission.

The PCCB’s core functions are basically prevention, through community education done

by Directorate of Community Education. In carrying out its functions much depends on

the support and involvement of all stakeholders in the fight against corruption, and their

decision to say “NO” to corruption.57

55 Act No. 11 of 2007,Section 5856 Speech of Zakaria Mwandumya the PCCB official before Dodoma Regional Commissioner, Dr.

Rehema Nchimbi on the Country Review Mission of the African Peer Review Mission (APRM) which

hold on March 15th, 2012 he told the experts that the current laws affect effective performance of the

institution.

57 http://www.pccb.go.tz Director General Welcoming Message Published on Wednesday, 16 April 2008

30



CHAPTER THREE

3.0. FIELD OBSERVATIONS AND RESEARCH FINDINGS

3.1. Introduction

This chapter discusses research findings and it is also presenting analysis for the

research findings. The chapter is subdivided into four sub chapters namely respondents’

characteristics, reasons for little success in battle against corruption, adequacy of the

PCCA Na.11/2007 as a tool to fight corruption and strategies to be used so as to achieve

the desired goals of the PCCB.

3.2. Respondents’ Characteristics

Respondents’ characteristics were categorized into three parts. These are gender, age and

level of education.

3.2.1 Respondents’ Gender

Respondents for the study were asked to indicate their gender by selecting two choices

of male or female. The result for Arumeru residents’ gender is shown on the following

table:

31

Table 1: Respondents’ Gender

Gender Frequency

Male 74

Female 26

Total 100

Figure 1: Respondents Gender Distribution

Source: Field Data

The table above and its corresponding pie chart indicate the gender distribution of the

respondents. As it can be seen there is a large number of male respondents as compared

32

to females due to the willingness of male to participate in this research. It reflects the

cultural perspectives of the Meru tribe where males are superior and more favored

compared to females.

3.2.2. Respondents’ Age

It was seen important to know age categories of the Arumeru residents who participated

in this study. Age differences may also provide a mixture of ideas and perceptions

towards corruption. Information extracted from questionnaires produced the following

findings as presented on the table and the subsequent graph below:

Table 2: Respondents’ Age

Age Category Frequency

18-35 48

36-45 29

46-60 18

Above 60 5

Total 100

Source: Field Data, 2014

Figure 2: Respondents Age Distribution

33

Source: Field Data

It can be observed from table two above and its corresponding pie chart that all age

categories were represented. The Early youth and Middle age group categories of 18 to

35 and 36 to 45 years dominated by having 48 and 29 respondents respectively. The

other category that had a considerable number of respondents is that of 46 to 60 that had

18 respondents while the last category of 61 and above had only 5 respondents. The

early youth and middle age groups are the active members of the community hence their

enthusiasm in participating in the research was very high. Being active means also that

they are prone to corrupt transactions in their day to day activities.

34

3.2.3 Respondents’ Level of Education

The researcher wanted to know the level of education of individual respondents. Table

three and its subsequent graph below provides information on education levels for the

study respondents

Table 3: Respondents’ Level of Education

Level of education Frequency

Primary education 16

Secondary school education 34

College certificate 4

College diploma 14

University degree and Above 32

Total 100

Source: Field Data 2014

3: Respondent’s level of education

35


Information presented on table three and its corresponding pie chart above shows that

majority of respondents who are educated to secondary, college diploma and university

degree levels form a bigger group than the rest. But more importantly, at least all

education levels have been represented. Those with collage certificate education were

fewest by having only 4 respondents out of 100 who participated in the study.

3.3. Reasons for Little Success in the Battle against Corruption in Meru District

Council

The researcher observed that there has been little success in the fight against corruption

in Meru district council due to several reasons. Among the reasons include lack good

understanding on corruption and its effects in the community, lack of functional

independence by the PCCB and lack of assistance from other institutions and

stakeholders and lack of sufficient resources to combat corruption. The researcher

36

observed that majority of the respondents knew about the existence of the PCCB and its

functions in the Meru district council.

3.3.1. Understanding of Corruption and its Effects

The researcher needed to know the understanding of corruption and its effects in the

society by asking respondents whether they had any understanding of it. Answers

indicate that 20% had the proper understanding while 67% had little understanding of

corruption and its effects. 13% of the respondents had no understanding of corruption

and its effect in the society at all. Responses from this question are as summarized in the

table and the subsequent pie chart below.

Table 4: Understanding of Corruption in Meru District Council

Respondents’ understanding of

Corruption

Frequency

Understands 20

Little Understanding 67

Completely not Aware 13

Total 100


37

Figure 4: Meru District Community Understanding of Corruption


The fact that there are 67% of respondents with little understanding of corruption and its

effects makes it difficult for bureau to have desired success in the fight against

corruption in Meru district council. Adding the 13% who completely unaware makes the

percentage of illiteracy about corruption become 80% of the respondents hence a burden

to the bureau as far as the battle against corruption is concerned.

3.3.2. PCCB’s Resources to Fight Against Corruption

The researcher asked the respondents whether they believe that the PCCB is well

supplied with resources to enable it successfully fight corruption. Answers indicate that

81% of them said the PCCB is not well supplied with resources to enable it successfully

fight corruption, 9% said that they believe that the PCCB is well supplied with resources 38

while 10% were unaware of the situation. Responses from this question are as

summarized in the table and the subsequent pie chart below.

Table 5: Meru District people’s Perception on Resources to fight Corruption to the

PCCB

Respondents Perceptions Frequency

Not Well Supplied 81

Well Supplied 9

Unaware 10

Total 100


Figure 5: Meru District people’s Perception on Resources Supplied to the PCCB

39


3.3.3. Functional Independency by the PCCB

The researcher needed to know people’s perception on the independence of the PCCB in

undertaking its function by asking respondents whether they believe that the PCCB is

well independent in function. Answers indicate that 63% said that the PCCB is not

independent in its function, 19% believed that the PCCB is independent while 18% were

uncertain of the fact. Responses from this question are as summarized in the table and

subsequent pie chart here under

Table 6: Meru District People’s perception on the Functional independence of the PCCB

Respondents’ Perception on PCCB

Independence

Frequency

Not Independent 63

Independent 19

40


Total 100


Figure 6: Meru District People’s Perception on Functional Independence of the PCCB


The researcher probed further on the independence issue where respondents explained

that the fact that ta bureau’s director general being a presidential appointee lowers the

powers of the bureau in dealing with corruptive behavior of the people in higher

government positions who are closer to the president. Further they explained that to be

effective the bureau should be allowed to prosecute all cases they investigate without

being obliged to seek the DPP’s consent to as to be able to prosecute.

41

3.3.4. Assistance /Support from other Government Institutions

The researcher asked respondents whether they think that other government institutions

play part in assisting the bureau in its battle against corruption. Answers indicate that

68% said that other government institutions like Courts, the Police, Local Government

offices and the like do not offer support or assistance to the bureau in its battle against

corruption. The reason for this lack of support is the existence of corrupt transactions in

such offices. 11% on the other hand believed that there is kind of support offered by

other government institutions and 21% were uncertain whether there is support or not.

Responses from this question are as summarized in the table and the subsequent pie

chart below.

Table 7: Meru District People’s Perception on Other institutions supporting the

PCCB in its Role

Respondents’ Perception on Other

Institutions Supporting the Bureau

Frequency

No Support 68

Supported 11


Total 100


Figure 7: Meru District People’s Perception on Other institutions supporting the PCCB

in its Role


3.4. Adequacy of the PCCA Na.11/2007 as a Tool to Fight Corruption

3.4.1. Knowledge on the Existence of the Act

The researcher wanted to assess the adequacy of the Act as a tool to fight corruption by

asking respondents’ perceptions on it. First of all the researcher needed to know the

extent Meru District community know the existence of the Act and its provisions by

asking respondents whether they know the Act. Answers indicate that 75% knew about

the Act and its provisions while 25% of had no knowledge on the existence of the Act.

43

Responses from this question are as summarized in the table and the subsequent figure

below.

Table 8: Knowledge on the Existence of PCCA Na. 11/2007

Knowledge of the Act Frequency

They Know 75

They Don’t Know 25

Total 100


Figure 8: Meru Districts People’s Knowledge of the PCCA Na.11/2007

44


3.4.2. Adequacy of the Act

The researcher needed to know to what extent people perceive that the Act Na.11/2007

is adequate as a tool to fight corruption. Responses from this question indicate that 77%

of the respondents perceive that the PCCA Na.11/2007 is not adequate as a tool to fight

corruption. 16% on the other hand perceive that the Act is adequate where as 7% had no

idea on the fact. Reasons advanced by those who said that the Act is inadequate are that

since its introduction there has been no observable success in the terms of reducing

corruption instead corruption continually increasing in the country. Responses from this

question are as summarized in the table and the subsequent figure below.

Table 9: Meru District Peoples’ Perception on the Adequacy of PCCA Na.11/2007

45

Perceptions on the Adequacy of the Act Frequency

Adequate 16

Inadequate 77

Uncertain 7

Total 100


Figure 9: Meru District Peoples’ Perception on the Adequacy of PCCA Na.11/2007


46

3.4.3. The Need to Review the Act

The researcher needed to know people’s perception on the importance of reviewing

PCCA Act No. 11/2007, by asking respondents if there is any need of the Government to

review the Act relating to corruption. The answer shows that 47% respondents said that

there is the need the Act to be reviewed while 44 % were uncertain. On the other hand

9% of the respondents believed that there is no need of reviewing the Act. Responses

from this question are as summarized in the table and subsequent pie chart here under.

Table 10: Meru District People’s perception on the need of the government to review the

Act Relating to corruption.

Perceptions on the Act to be reviewed Frequency

There is the need 47

There is no need 09

Uncertain 44

Total 100


Figure 10: Meru District Peoples’ Perception on the need of the government to review

the Act relating to corruption.

47


3.5. Proposed Strategies to be used by the PCCB so as to achieve its Desired Goals

According to the research field data several strategies were proposed to the PCCB to

employ so as to achieve its goals of eradicating corruption in the country. Several

respondents proposed that the bureau should invest more on community education rather

than investigation since when people are aware of their rights it becomes easy to induce

them to participate in the war against corruption. Respondents further explained that an

educated society becomes good whistleblowers on corruptive issues hence achieve the

goal of preventing corruption. The bureau should extend the means of reaching more

people by using religion leaders, youth groups, schools and colleges, NGOs and other

stakeholders so that corruption knowledge is spread as wider as possible. Primary and

secondary schools syllabuses should be modified to include corruption as one of the core

subjects to make it easier educate them from grass root level.48

It was also proposed that the PCCB should try to urge the government as well as the

Parliament to think about giving the bureau full mandate in its role so as to be able

tackle corruption behaviors among the government officials in different ministries and

departments. The current set up that require the PCCB forward its cases to the DPP for

review before prosecuting delays the speed of the bureau deal with reported cases as a

result people lose trust to the bureau. It also limits the ability of the bureau fight

corruption effectively since cases that seem interest to the government may end up being

retained in the DPP’s office. They elaborated that the PCCB and the Act concerning

corruption should appear in the law of the land (the Constitution) so that activities of the

bureau are recognized not be questioned.

It was further proposed that the government should increase the PCCB’s budget to make

it well supplied in terms of resources so as enable it fight corruption without

unnecessary limitations. Employees should be well remunerated and motivated to avoid

them being tempted to involve themselves in corruption. PCCB’s employees should be

well trained to enable them carry out professional investigations that will yield more

convictions to offenders. Budgetary expansion may enable the bureau open offices to

lower levels of administration such as the divisions and wards so as to move closer to

the society.

Other respondents also proposed that the PCCB should form coalitions with the

judiciary, the Police, the Immigration and other stakeholders of similar nature so that to

49

induce them to offer support to the bureau as far as the war against corruption is

concerned.

CHAPTER FOUR

4.0. SUMMARY OF FINDINGS/CONCLUSIONS AND RECOMMENDATIONS

4.1. Introduction

This chapter presents research conclusions and recommendations based on the findings

and analysis made.

4.2 Conclusion

The PCCB has faced a lot of constraining factors in curbing corruption in Meru District

Council. Among the findings of the research reveal that little success in the battle was

contributed by such constraining factors. Research finding indicate that there is limited

functional independence on part of the bureau in its daily function hence limiting its

capacity to tackle the vice. Findings further indicate that there has been little support

from other government institution in the battle coupled with people’s limited

understanding of corruption and its impacts in the society. Furthermore findings reveal

that the PCCB itself is not well supplied in terms of resources hence limiting its

capability to effectively curb corruption in the district and the county in general. In

addition findings indicated that the Act (PCCA No.11/2007) is not adequate as a tool to

50

fight corruption hence its need for review is inescapable. It was proposed that in order

for the bureau to attain success in its battle against corruption it should invest more on

community education especially the primary schools so as to build stronger foundation

for the battle from the grass root. Further recommendations indicated that the bureau

should thrive to seek full mandate for its operations, ensure its inclusion in the law of the

land, and get budgetary expansion so as to meet its resources need and employees’

motivations for their heartful participation in the battle against corruption.

4.3 Recommendations

The government should give the PCCB independent prosecutorial powers as well

as give it full mandate in overall investigative roles. It should also be given

budgetary consideration to meet its resources needs and employees motivation in

the fight against corruption

The Government should ensure that the existence of PCCB must be stated clearly

on the law of the land and the Bureau’s director general must be confirmed by

parliament. Also its tenure and remunerations must have a special protection.

There is a need for the Government to review the Act relating to corruption. This

is due to the fact that it has so many loopholes when it comes to applying it

against offenders. Things like fines and other punishments are weak to the extent

that offenders do no fear convictions.

51

There is a need to the PCCB to enhance public awareness and mobilize people to

fight corruption start from the primary school. The moment the education on the

corruption issues begins to the level of primary education when they become

mature enough they will be able to understand the meaning of corruption and its

impact to the society as well. The PCCB in liaison with the ministry of education

and vocational training should plan to include corruption in primary and

secondary level syllabuses so that pupils will begin to understand it at lower

education levels for the betterment of their future lives. It was very surprising

that some of the respondents were not even able to explain partially as to the

meaning of corruption.

52

REFERENCES/BIBLIOGRAPHY

Text books:

Kennedy, D., Handson M.O., and Danielsen, D. Busting Bribery: Sustaining the

Global Momentum of the Foreign Corrupt Practices Act. New York:

Open society foundations 2011.

Hoseah, E. Corruption in Tanzania. The case for circumstantial evidence: Cambria

press, New York, 2008.

Kothari, C.R., Research Methodology Methods and Techniques, 2nd Edition : New Age

International (P) LTD, New Delhi, 2004.

Hoseah, E. G. Essays on Combating Corruption in Tanzania and the Basic Legal

Principles. Dar es Salaam: Ecomprint, 1999.

Publication/Thesis.

Saibul, N.S. the strength of the prevention and combating of corruption bureau (PCCB)

in curbing corruption in Tanzania.Master’s thesis in Business

Administration Eastern and Southern Management Institute, 2011.

53

The United Republic of Tanzania. Prevention and Combating of Corruption Bureau.

National governance and corruption survey, volume 3: public official’s survey.

November 2009.

The United Republic of Tanzania The Enhanced National Ant-Corruption Strategy and

Action Plan (NACSAP II) 2008 – 2011. Dar es Salaam: State House May, 2008.

Economic and social Research Foundation (ESRF) and Front Against Corrupt Elements

in Tanzania (FACEIT). The state of Corruption in Tanzania, Annual Report, 2002.

October 2002.

The government of United Republic of Tanzania. Presidential Commission of Inquiry

against Corruption, the commission Report on the state of Corruption in the Country.

December 1996.

United Republic of Tanzania. The National Ant Corruption Strategy and Auction Plans

2001-2005, 3RDQuaterly monitoring report July – September 2002. Government

Printers, 2002

54

Articles from Websites and blogs:

Meru District council blog

http://www.pccb.go.tz

http://www.repoa.or.tz

http://www.transparency International.com


http://www.imf.org/external/np/exr/facts/gov.htm

APPENDIX I - A

QUESTIONNARE FOR RESIDENTS OF MERU DISTRICT COUNCIL

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http://www.transparency/


A. My name is SAFIELI W. MSHANA, a student from the Open University of

Tanzania, Faculty of Law. In the course of pursuing my Bachelor of laws at the

university, I am required to conduct research and I have decided to research on the

constraining factors in the function of Prevention and Combating of Corruption Bureau

(PCCB) in prevention and combating of corruption, in mainland Tanzania. And my area

of study will be Meru District Council.

My aim is to find out limitations faced by the PCCB in its functions, by assessing

people’s perceptions about corruption in 17 wards of Meru District council. Through

this, I will be able to understand also the awareness of the people on corruption and

whether they know about the existence of the Bureau and its functions. The central aim

of this questionnaire is; firstly to find out whether the PCCA Na.11/2007 is well known

and accepted in the Meru community, and if the society play its role effectively and if

not why?; Secondly is whether the Prevention and Combating of Corruption Bureau

(PCCB) has achieved its desired goals in curbing corruption in Meru District Council,

and if its work can be termed as successful?, if not what are the suggested strategies in

order to win the fight against corruption.

B. When you fill this questionnaire please feel free to be uncertain to any question that

you may find offensive. And please feel also free to make additional comments that you

think can assist me in my research. Let me take this opportunity to thank you in advance

for your prompt cooperation and contribution in the matter.

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C. Respondent’s particulars

Respondent name ……………………….……………. /gender: M F

Respondent age: 18 - 35 ; 36 - 45 ; 46 – 60 ; 60 - and above

Respondent occupation……………………………………

Title…………………………………...

Respondent level of education…………………………………………………………

Respondent locality: Ward ……………………... Village/street………..…………..……

(Fill the blanks or mark “√” in the provided box)

1. Do you know the meaning of corruption? Yes No

2. Have you ever heard about the Prevention and Combating of Corruption Bureau

(PCCB)?

Yes No

3. Are you aware of the fight against corruption in Meru District council?

Yes No

4. Is there any good understanding of corruption and its effect to the Meru Society?

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Yes Somehow I don’t know

5. Do you perceive that there is the corruption in the services provided by the

government particularly in Meru District Council? Yes No

I don’t know

If yes, in which area please mention

6. Do you know that there is a PCCB office in your District? Yes No

7. Do you perceive that the PCCB is well supplied to meet its functions?

Yes I don’t know No

8. Is the battle against corruption only for PCCB and government only?


9. What is the role of the citizens in the battle against corruption?

……………………………………...………………………………………………….

10. Do you perceive that the citizens bear well his role in the battle against corruption

especial in the Meru District Council? Yes Somehow No

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11 Is the cumbersome bureaucracy creates opportunities for corruption in Tanzania?

Yes No

12. Are there any benefits of reporting corruption?

Yes Somehow No

If your answer in above question is yes please mention it……………………………..

13. Do you perceive that the PCCB has done its job of creating awareness to the

community on his existence and its function? Yes I don’t know No

If your answer is No please explain……………………………………………………….

14. Do you know the PCCA, Act No 11/2007 and its function? Yes No

15. Is there any need of the government to review the Act relating to corruption?

Yes I don’t know No N

If your answer is yes give the reason why………………………………………….

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16. Do you perceive that the PCCB and its functions are real independent?


17. Who is the initiator of corruption? a) Service provider

b) The service seek offer by his will c) All of them

18. What do you think are the causes of corruption?

……………………………………………………………………………………………

19. Is there enough court speed in hearing of corruption cases? Yes No

20. Mention possible effects of low courts speed on hearing of corruption cases:

……………………………………………………………………………………………

21. Mention challenges facing the PCCB in curbing corruption

……………………………………………………………………………………………

22. Suggest the best ways the PCCB can use to overcome those challenges

……………………………………………………………………………………………

……………………………………………………………………………………………

THANK YOU

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