Members of Parliament have expressed concern that only low-ranking officials are implicated in the country’s fight against corruption while the “big fish” are not brought to book.

While Rwanda is ranked highly among African countries for successfully fighting corruption, owing to the zeal it investigates and prosecutes corruption cases, legislators this week wondered why junior officers have become easy targets for prosecution in graft cases while high-ranking officials involved in the same vice are let off the hook.

Parliamentarians were concerned that the current list of officials who are being investigated for corruption is dominated by low-cadre staff, in particular executive secretaries and accountants at lower levels of governance, leaving out senior officials.

Early this week, several top-ranking government officials — including Minister for Justice Johnston Busingye, Prosecutor-General Richard Muhumuza and Finance Minister Claver Gatete — appeared before the Public Accounts Committee (PAC) of parliament to explain the action the government has taken on the recommendations of the Auditor-General’s report of 2011/2012.

The MPs questioning the fate of the Rwf2.9 billion categorised as “irregular expenditure” and another Rwf1.2 billion in “unsupported expenditure.”

According to the Auditor-General, although the monies were spent, the concerned government institutions failed to produce documents supporting the expenses.

MP Thierry Karemera said that the manner in which the government was conducting its anti-corruption drive had set a bad precedent as low-ranking officials were being prosecuted while directors-general and permanent secretaries, who sign the money in question, are not held liable at all.

“Investigating those who mismanage public funds should not stop with the executive secretaries at the implementation level,” Mr Karemera said. “I think we should not turn a blind eye on the directors and directors-general or even ministers who approve these payments.

“Their involvement, whether direct or indirect, should equally be punished if the fight against corruption is to be a success.”

Between 2009 and 2011, Rwanda tried several high-profile corruption cases which involved ministers and permanent secretaries but since then there has not been any outstanding corruption case taken before the courts of law.

In 2012, more than 30 government officials, including 10 senior ones, were summoned by the PAC to explain the alleged mismanagement of the Rukarara Hydropower Project.

They included the current Governor of the National Bank of Rwanda, John Rwangombwa, who was then the minister for Finance and Planning, then Finance minister James Musoni, who is the Local Government minister, then minister for Infrastructure Albert Nsengiyumva and his PS Marie Claire Mukasine.

Investigations would however be dropped without any charges.
Other high-profile corruption cases included that of Theoneste Mutsindashyaka, then the minister of state for education in charge of primary education, who was accused in 2009 of causing the government to lose funds amounting to Rwf1.7billion in collusion with other officials.

Sent to prison

He was sentenced to five years in jail by the Kacyiru Primary Court and sent to the Kigali Central Prison, commonly known as “1930.” Mr Mutsindashyaka however battled the charges and was acquitted in the middle of the following year.

While a total of 134 government institutions and bodies were investigated on the recommendation of the Auditor-General’s report, 79 of them have already undergone investigation with only 37 being cleared, according the prosecutor’s office.

Forty-six government bodies were found to be liable to further action by the prosecution department and 19 of them have case files open in the courts.

According to the prosecution, the police is still investigating the cases of 17 of the 46 government bodies and parastatals that were summoned by the PAC.

“These case files are still open and I can confirm that the prosecution will not leave any stone unturned in pursuit of the Auditor-Generals recommendations,” Prosecutor-General Richard Muhumuza said.

He told PAC: “The prosecution takes different measures on these institutions or individuals found liable of mismanagement of funds. These may range from penalties, fines, court charges or attaching assets, depending on the gravity of the case.”

However, this week the Supreme Court also announced that 37 court officials would be tried for graft at the launch of the anti-corruption week in the judiciary.

Low-ranking court registrars

Chief Justice Sam Rugege said that in 2013 some 168 people were charged with corruption, among whom 133 were convicted and sentenced, and that the pending cases would be tried this week. However, the suspects are mainly low-ranking court registrars while judges and other senior officials are not on the list.

The CJ observed that corruption at the high levels of government could be more sophisticated, the reason it might go undetected, noting that it has been recommended that advanced investigations be done to root it out.

“This issue has come up many times and we need research to show why corruption at the high level is not detected,” Prof Rugege said. “This is also highlighted in the anti-corruption policy.”

He pointed out that corruption can easily be detected at lower levels where citizens get in direct contact with officials.

Government officials, including in the Ministry of Justice, the prosecution and the Ombudsman’s Office, have defended the lack of “big fish” in corruption cases, considering that they do not deal directly with funds or the budget as in the case of political heads.

Punishing budget implementers

Mr Busingye said the government was exploring how it could go beyond punishing budget implementers when mismanagement of public funds arises but also those responsible of signing off payments, including ministers.

“I can tell you that when I am responsible of what is going on in the ministry and I have signed for it, there is a huge responsibility on my shoulders,” said Mr Busingye.

“Certainly, they are not going to be budget managers because the law provides that the Permanent Secretary is the chief budget manager.

“At the political level, the minister is the head of the institution. If you are that head, then you need to be sure that what you promised is delivered. If it is not delivered, you have a responsibility.

“You may not be taken to court with evidence of misprocurement or embezzlement, but there are certain sanctions and penalties that politically can be handed down to you once you fail.”

Reported by Edmund Kagire and Rodrigue Rwirahira