CIABOC’s Independence Under Threat
The discussion examines how the Public Financial Management Act of 2024 undermines the independence of the Commission to Investigate Allegations of Bribery or Corruption (CIABOC) established by the Anti-Corruption Act of 2023. Maheshi explains the conflict between two recent pieces of legislation regarding the budgetary control of anti-corruption agencies. The Anti-Corruption Act of 2023 mandates that CIABOC submits budget estimates directly to the Speaker of Parliament for debate, ensuring independence and oversight. The Public Financial Management Act of 2024, specifically Section 21, requires all government entities to submit budgets through the Ministry of Finance and comply with Treasury expenditure ceilings. This creates a regressive effect where a progressive law is superseded by newer administrative regulations, potentially subjecting an independent body to political manipulation via the Cabinet of Ministers. The loss of fiscal autonomy poses significant threats to the functional capacity of CIABOC.