There is no universally accepted definition of corruption due to the fact that corruption covers a broad range of illegal, illicit, dishonest, or irregular human actions and behaviour.
In 1980, the Zambian Government enacted the Corrupt Practices Act which led to the formation of the Anti-Corruption Commission.
The Anti-Corruption Commission Act number 42 of 1996 repealed the Corruption Practices Act of 1980.
The provision of the Act overrides the provision of any Zambian Law such as the Penal Code, Criminal Procedure Code, or any other legislation which conflicts with the provisions of the Act.
The ACC Act provides the main functions of the ACC. Its functions are as follows:
• Investigate and prosecute people who engage in corrupt practices
• Prevents Corruption
• Carry Community Education on Corruption
The Anti Corruption Commission Act 42 of 1996 defines corruption as soliciting, accepting, obtaining, promising or offering of gratification by way of a bribe or other person temptations of inducement or the misuse or abuse of public office for private advantage or benefit.
Corruption can be defined as the giving of anything of value to a public officer, in return for a favour or abusing one’s official position for personal gain.
This means that decisions are taken not for the public interest or benefit, but to serve private interests.
The ACC 1996 Act identifies two kinds of corruption:
(a) Gratification
This is any payment in cash or kind to a public officer meant to win a favour.
However, this must be differentiated from a casual gift which the Act allows any officer to receive.
Bribe
This is a sum of money or something valuable that is offered to somebody to persuade him or her to do something dishonest.
TYPES OF CORRUPTION
Three types of corruption have been identified.
These are: petty, grand and political or institutional (TIZ, 1993).
Petty Corruption:
• This comprises small payments usually made to junior public servants to access public services or to overcome bureaucracy.
• These are sometimes known as ‘facilitating payment’.
• In public life this abhorrent behaviour is manifested in the form of materials, favours or bribes paid or received in exchange for goods and services in schools, scholarships, or bursary programmes, courts, local authorities, licensing agencies, mechanical services, the police, immigration and passport services.
Grand Corruption:
• This type of Corruption involves substantial amounts of money.
• It is usually practised by senior public servants and politicians in return for favours.
• For example, Public appointments or privatization of government-owned companies or assets.
Institutional or Political Corruption:
This type of corruption is associated with the electoral process.
This is practised by those contesting for political positions or power for example, by
• donating money to influence the voters’ choice,
• Sponsoring a political party during elections in the expectation of business favours following a hoped-for election victory.
COMPONENTS OF CORRUPTION
These include the following:
• Patronage: This type of governance gives rewards for royalty therefore it substitutes good performance.
• Racism: This is the unfair treatment of others due to their colour.
• Extortion: Unlawful extraction of Money or favour by force or intimidation.
• Bribe: Considering, giving an inducement to influence conduct in one’s favour, country to standing procedures and regulations.
• Fraud: Misrepresentation done to obtain unfair advantage by giving or receiving false advantageous information.
• Nepotism: Giving special favours to one’s relatives or friends.
• Embezzlement: Stealing public resources on a large scale.
• Agent/ Principal: Relationship which is related to an agent improperly benefiting from activities relating to the handling of his or her principal’s mandate, for example, abuse of government property, equipment and labour by public officials.
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