Corruption corrodes the whole economy

• Will the President’s commission be the death of corruption?

When corruption is rampant, the fear of demands for bribes will reduce local investment and severely impact foreign investment. To foster investment and growth, corruption must be eliminated       President Maithripala Sirisena has sent a very strong signal that he will act against corruption

The President has heard There was a plethora of stories of corruption during the election campaign. The public were titillated by the prospect of big names being dragged through the courts to jail. When there were no convictions in sight, all eyes turned towards the President. His wings had not been clipped as yet, and he was an all-powerful Executive President, but he was not moving on corruption. Perhaps he was waiting for the Prime Minister, the Police, and the Bribery Commission to do what was required. Now the President has heard the rumbles of discontent. The President has acted He has sent a very strong signal that he will act against corruption. He has appointed the strongest possible commission. It is an A team with star-studded members. Supreme Court Judge Priyasath Dep, Supreme Court Judge Anil Gunaratne, High Court Judge Gihan Kulathunge, an experienced bean counter, the former Auditor General, and a lawyer, a former Solicitor General, who will know the ins and outs of the court system and the tricks of the trade of the black coat brigade who will defend those charged. All the mumbling about nothing happening to attack corruption would have left the President an unhappy man, as he is a good man who is vehemently opposed to corruption. Perhaps he did not sleep well with this nagging problem lingering on. Now that he has with gusto fired both barrels at it, the job is done and I am sure he is sleeping well. But for how long? Will the Commission solve the problem? I spent a little time wondering how the commission was going to attack the problem of putting those guilty in jail. Could they play cops in a cops and robbers saga? Probably not. These distinguished gentlemen are not likely to be inclined to rush around finding out who was corrupt, and then finding the evidence to convict them. If they do not play the role of cops, what will they do? Something I read a long time back came to mind. It was the definition of a committee. A committee was a group of individuals who by themselves could not do anything, but as group was able to decide that nothing can be done. A meeting of the commission I believe there are some really difficult issues. I thought the best way to illustrate them was to describe an imaginary meeting of the commission (with no disrespect to the learned gentlemen): Commissioner A: Well what are going to do? Commissioner B: That’s a good question. We cannot rush around trying to find out what acts of corruption have taken place. Commissioner C: Even if we are told of an act of corruption, we cannot take it any further without the evidence to prove it. Commissioner D: Clearly we as individuals cannot be expected to identify acts of corruption and then investigate them and collect the evidence. Commissioner E: What we cannot do individually we also cannot do collectively. A bit like that definition of a committee! The President’s sleep may be disturbed again Unless the commission is supported by a strong team who will rigorously pursue investigations and collect the facts to succeed in court, I fear nothing will happen, and the rumbles will start again and disturb the President’s sleep. This commission can play a very important role in the fight to eliminate corruption (but not as detective inspectors). They should seek to facilitate the whole process of investigation, charging accused and the prosecution in court. They should identify and formulate changes to the law that will make obtaining information easier. They should make getting convictions in court easier, they should eliminate technicalities that can be used by defence lawyers to frustrate the prosecution. This is the area of expertise of the eminent panel and they should go down this route with alacrity. The bigger problem The focus so far has been on big people stealing or making big sums of money. If corruption in a country is limited to this, it is bad, but does not destroy the moral fabric of a country. Corruption is like a cancer which if left unchecked will steadily spread through the body and in course of time destroy it. Sadly that is where we are. The cancer of corruption has now spread through the body. It has created a change in values. There is no longer a burden on the conscience when bribes are requested, no burden when bribes are received, and pocketed and no burden when bribes are given. When this culture of corruption sinks down to the lowest levels of economic activity it is frightening. This is where we are today in Sri Lanka. A little money to get anything done Building is perhaps the most widespread economic activity. Every day someone is building something, a house, a wall, an extension, etc. A little money to get plans approved is the norm. Traffic offences are not charged when some money is passed to the Traffic Police. Illicit liquor manufacturers are not charged when some money moves into the pockets of the Police. A little money to get an electricity connection, a little money to get the water connection quickly. Even a little money to the refuse lorry to take some garden refuse. A little money to stop the public health inspectors from filing charges against hotels and eating houses. A little money when anything is required from the Grama Sevaka. A little more money to Inland Revenue officers to flex the assessments. A little money to get anything approved anywhere, etc. We hope that the eminent commission will address their minds to this problem and devise laws and processes that will help to eliminate the depths to which we are submerged in corruption of one form or another. The past, the present and the future Past: There was no loud ringing proclamation (or even a small tinkle) that corruption will not be permitted. There were no prosecutions of important people to signal that corruption will not be permitted. Not a single minister or junior minister has been charged though petitions of corruption have been sent to the Bribery Commissioner. Is it possible that not even one had itchy fingers? Why? Is it because those close to the top were corrupt and therefore could not proceed against others? Is it because the alliance consisted of people from many parties and therefore allowing them to make money was one way to preserve the alliance? Why was the elimination of bribery and corruption not the headline philosophy of the Mahinda Chinthana? Did he believe that there was no bribery and corruption? Who knows!? Only Mahinda Rajapaksa can provide the answer. Present: We all wait to see what will happen. Will actions match the rhetoric about corruption? Future: We can only hope that the eminent commission will take steps to facilitate the search for evidence and the process through the courts and remove all the blocks. There will be no takers if there are no givers. We hope the eminent commission will revitalise or create if necessary new laws to prosecute those who give bribes, and ensure that the law will provide for draconian punishment for those who give bribes. When we have elections and we have a new government and they publish their Chinthana, I hope the first item will be to create a society free of thuggery, corruption and nepotism.   [Lalith de Mel, M.A (Cambridge University) AMP (Harvard), is a former Main Board Director of Reckitt Benckiser Plc UK and CDC Plc UK, former Chairman of Sri Lanka Telecom Plc and Board of Investment, Senior Advisor to the Ministry of Finance and Chairman and Director of many companies both in Sri Lanka and abroad.]