Accountability and transparency are crucial principles in the context of public office holders and government institutions.
These concepts aim to ensure that public officials are responsible for their actions, decisions, and use of public resources, and that their activities are open and accessible to the public.
Additionally, accountability and transparency are fundamental principles for effective governance.
They contribute to public trust, prevent corruption, and ensure that public office holders fulfil their responsibilities in the best interest of the citizens.
Given the recent debacle over the involvement of two permanent secretaries in the $115 million wind turbine deal, which has seen an investigation against them and the Prime Minister announcing that two Cabinet Ministers are now under investigation for probably abuse of office, is it time for the Coalition Government to get the Code of Conduct Bill 2018 off the shelf and bring it back to Parliament with urgency.
Chapter 8 of the 2013 Constitution allows for the establishment of a code of conduct which shall be applicable to the President, Speaker, Deputy Speaker, Prime Minister, ministers, Members of Parliament, permanent secretaries, ambassadors and persons who hold statutory appointments or governing or executive positions in statutory authorities.
The Code of Conduct Bill 2018, which was introduced in Parliament by the FijiFirst government, allows for the setting up of the Accountability and Transparency Commission that would have the powers to carry out investigation of alleged breaches of the code of conduct and enforcement of the code of conduct by the Accountability and Transparency Commission, including through criminal and disciplinary proceedings, and provide for the removal from office of those officers who are found to be in breach of the code of conduct.
The 2018 draft code of conduct for president, prime minister and ministers
The draft Code of Conduct Bill states, among other requirements:
- So as to protect and uphold the public interest, a person to whom this code applies must take reasonable steps to avoid, resolve or disclose any conflict of interest, financial or non-financial, that arises or is likely to arise, between his or her personal interests and his or her official duties.
- A person to whom this code applies, upon assuming office, must take transparent steps to deal with the financial and other interests of himself or herself, or his or her spouse or child, which could create the impression of a material conflict with his or her public duties.
- A person to whom this code applies must undertake, upon assuming office, not to use any information obtained in the course of his or her official duties so as to gain a direct or indirect personal advantage for himself or herself, or any other person or entity, not enjoyed by the general public, whether during the course of his or her appointment or upon resignation, retirement or dismissal from office.
- A person to whom this code applies must be scrupulous in ensuring the legitimacy and accuracy of any claim for the payment of any remuneration or allowance he or she makes on the public purse.
- A person to whom this code applies must not solicit, encourage or accept gifts, benefits or favours either for himself or herself or for another person in connection with performing or not performing his or her official duties, contrary to any gift and benefit policy issued by the person’s appointing authority.
- A person to whom this code applies should not allow himself or herself to be put, or appear to be put, in a position of obligation to return a favour to any person or body.
- Nor should his or her conduct in his or her official capacity or in his or her private life make him or her susceptible to the improper influence of others.
- A person to whom this code applies must handle any dealings with lobbyists so as to avoid giving rise to a conflict of interest between his or her public duty and personal interests.
- In decision making, a person to whom this code applies should act lawfully and exercise his or her discretionary powers, taking into account only relevant matters.
- A person to whom this code applies is to treat everyone with respect, courtesy and in a fair and equitable manner without harassment, victimisation or discrimination in accordance with section 26(3) of the Constitution.
- In the performance of his or her duties, a person to whom this code applies should not act arbitrarily to the detriment of any person, group or body and should have due regard for the rights, duties and proper interests of all others.
- A person to whom this code applies must not by his or her decisions, directions or conduct in office encourage or induce public officials to break the law, or to fail to comply with a code of ethical conduct applicable to such public officials.
The 2018 draft code of conduct for public officials
The draft Code of Conduct Bill states, among other requirements:
- A public official should never take undue advantage of his or her position for his or her private interest.
- A public official must undertake, upon assuming office, not to use his or her position improperly to gain a direct or indirect personal advantage for himself or herself, or any other person or entity, not enjoyed by the general public.
- A public official must not solicit, encourage or accept gifts, benefits or favours either for himself or herself or for another person in connection with performing or not performing his or her official duties, contrary to any gift and benefit policy issued by the public official’s appointing authority.
- A public official should not allow himself or herself to be put, or appear to be put, in a position of obligation to return a favour to any person or body. Nor should his or her conduct in his or her official capacity or in his or her private life make him or her susceptible to the improper influence of others.
- In decision making a public official should act lawfully and exercise his or her discretionary powers impartially, taking into account only relevant matters.
