An anti-graft commission bill meant to punish crimes
of official corruption has been passed into law by Gambia’s parliament on June
28, 2012.
The 40page “The Gambia Anti-Corruption Bill, 2012” provides
for the setting up of
an Anti-Corruption Commission that will hold a mandate of investigating and
prosecuting crimes of corruption committed by Gambians within and outside the
country.
The
Commission will be made up of a six member committee including a chairperson
who shall serve maximum two-terms of office. They’ll be the faces behind the
provisions outlawing corruption in the Gambia for the first time ever.
The
conspicuous absence of such a body since independence in 1965 means crimes of
official corruption have not been properly put on check and some big fishes
might have gone uncaught.
It was
also part of the issues that make the government to fall short of meeting the
required international standards in the fight against money laundering and terrorism financing.
The
fight against corruption involves a structured, sustained and systematic
engagement, Gambia’s Attorney General and Justice Minister, Mr. Lamin Jobarteh
told parliamentarians on Thursday when he was seeking for approval.
He said
it is fit to put in place a necessary institutional framework to spearhead the
fight against corruption, which he added: “Is the main concern as at today of
the Government of The Gambia and its people in view of what had and have being
happening in our daily lives today.”
Mr.
Jobarteh noted this bill will greatly help in the fight against corruption. It
will establish a permanent institution given the power to investigate and
prosecute supposed “corrupt officials” without fear or favour.
The
motion to pass the bill into law was seconded by the ruling party’s Member for
Jeshwang Constituency,
Hon. Haddy Nyang-Jagne. She said the Anti-Corruption
Bill is non-controversial, while arguing that corrupt practices have had a
“negative impact on the country’s development.”
The Bill was later approved by the lawmakers “in
view of its non-controversial nature.”
AML/FT Bill 2012
On June 27, the Gambia Government decided to toughen the
law against money laundering and financing of terrorism following the parliament’s
endorsement of the “Anti-Money Laundering and Financing of Terrorism Bill,
2012.”
It states that an individual who is liable in a case of
money laundering offences shall be sentenced to a jail term of not less than 10
years.
In the case of a corporate body, it shall be fined
nothing less than D10 million (over US$357,000) or an order for the revocation
of the license of that organisation.
“In an effort to remedy the situation, and bring our
legislation in line with international standards, there is need to amend the
current anti-money laundering legislation, including changing the name of the
Money Laundering Act 2003 to Anti-Money Laundering Act 2012 and also upgrade it
to the standard recommended by Financial Action Taskforce (FATF),” Mr. Abdou Kolley,
Gambia’s Finance Minister said.
The FATF is
an inter-governmental body established in 1989 by the Ministers of its Member
jurisdictions. Its mandate is to set standards and to promote effective
implementation of legal, regulatory and operational measures for combating
money laundering, terrorist financing and the financing of proliferation, and
other related threats to the integrity of the international financial system.
Written by Modou S. Joof
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