High-Profile Appointments and Transparency: Are We Doing Enough?
|Qs & As
By Lex
Transparency and accountability in governance are fundamental to upholding public trust and preventing corruption. Around the world, many countries have implemented laws requiring individuals in strategic or high-profile positions to disclose their assets, liabilities, and financial interests. These measures aim to deter misconduct, mitigate conflicts of interest, and reinforce institutional integrity. However, the effectiveness of such regulations varies across jurisdictions.
In this week’s Q&A column, LEX explores Mauritius’ approach to asset declaration and how it measures up against international best practices in enforcement and transparency. This issue is particularly relevant now, as the newly elected government moves forward with appointing high-ranking officials, advisers, and CEOs of state-owned enterprises. Given past experiences under different governments, it is crucial to learn from previous shortcomings and ensure that the same failures are not repeated.
* In many countries, laws, regulations, or guidelines require individuals appointed to strategic or high-profile positions to declare their assets, liabilities, and interests, such as financial holdings, business affiliations, and property ownership, to promote transparency, uphold integrity, and prevent conflicts of interest. How does Mauritius compare to other nations in terms of enforcing this?
According to a study conducted by the OECD, a large number of countries around the world have introduced systems of asset declaration for public officials in order to prevent or combat corruption. Many believe that asset declarations can be a powerful tool in this regard; however, the impact of such systems on actual levels of corruption is not well known.
The aim, however, is to increase transparency and citizen trust in public administration by disclosing information about the assets of politicians and civil servants, showing that they have nothing to hide. This also helps heads of public institutions prevent conflicts of interest among their employees and resolve such situations when they arise, in order to promote integrity within institutions.
It also monitors wealth variations of politicians and civil servants to dissuade them from misconduct and protect them from false accusations, as well as clarifies the full scope of illicit enrichment or other illegal activity by providing additional evidence.
This philosophy is reflected in the Mauritius Declaration of Assets Act.
* Are there specific laws or guidelines mandating interest disclosures for key appointments in the public sector?
The Declaration of Assets is embodied in the Declaration of Assets Act, enacted in 2018 and coming into force in 2019. The Act follows more or less what obtains in other major democratic European countries. It requires public officers, including top civil servants, to make comprehensive declarations of their assets and those of their spouse and children. Judicial officers are excluded. Employees of the Financial Crime Commission (FCC) must declare to the Mauritius Revenue Authority (MRA), while other officers make their declarations to the FCC (formerly ICAC).
* How effective are these declarations of interests in practice?
The law is effective in the sense that it covers a wide range of persons, including those in State Enterprises, who are compelled to make a declaration.
Furthermore, the definition of assets is extensive and includes a wide spectrum of assets. These are:
(a) money in any currency, in local and foreign banks;
(b) cash in hand exceeding one million rupees; in any currency accepted as legal tender in any country;
(c) securities, including stocks, bonds, treasury bills, or other units held in Mauritius or abroad;
(d) shares or any interest in a company, société, or partnership;
(e) any item of jewellery, precious stone, or metal, or watch, exceeding 500,000 rupees in value;
(f) any freehold or leasehold immovable property – (i) registered in Mauritius or abroad; (ii) which, at the time of declaration, has been purchased but is still subject to registration in Mauritius or abroad; motor vehicles, boats, ships or aircrafts;
(g) assets held by a person for and on behalf of the declarant in the declarant’s capacity as ultimate beneficiary;
* Are the current interest disclosure regulations and practices aligned with international best practices, or do gaps remain in ensuring full transparency and accountability?
Our law is aligned with international practices. The law defines who must declare, including:
(a) every member of the National Assembly, including the Speaker of the National Assembly, and every Minister;
(b) every member of the Rodrigues Regional Assembly, including the Chairperson of the Rodrigues Regional Assembly, and every Commissioner;
(c) every Councillor of a Municipal City Council, Municipal Town Council or District Council;
(d) every Lord Mayor, Deputy Lord Mayor, Mayor, Deputy Mayor, Chairperson and Vice Chairperson of a Municipal City Council, Municipal Town Council or District Council, as the case may be;
(e) every senior public officer;
(f) every Chief Executive of a Municipal City Council, Municipal Town Council or District Council, and every officer of such Councils drawing salary in a scale the initial point of which is equivalent to the initial point of the salary scale of Deputy Permanent Secretary and above;
(g) every Chairperson and Chief Executive Officer of State-owned enterprises and statutory bodies, and every officer of such enterprises and statutory bodies drawing salary in a scale the initial point of which is equivalent to the initial point of the salary scale of Deputy Permanent Secretary and above;
(h) every adviser and officer employed on a contractual basis in Ministries, drawing salary in a scale the initial point of which is equivalent to the initial point of the salary scale of Deputy Permanent Secretary and above; and
(i) such other persons as may be prescribed.
Declarants are obliged to update their declarations if there is a change in the status of their assets.Read More… Become a Subscriber
Mauritius Times ePaper Friday 31 January 2025
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