Silverio Omari
The Ethics and Anti-Corruption Commission (EACC) has expressed opposition to a proposed amendment aimed at changing the qualifications required for the chairperson of the anti-graft agency.
In their submission to the Departmental Committee on Justice and Legal Affairs, the EACC opposed the Ethics and Anti-Corruption Commission (Amendment) Bill, 2024. The Bill suggests that the chairperson should be qualified to hold the office of a High Court judge under the Constitution.
Currently, the EACC Act 2011 stipulates that the chairperson must meet the requirements of Chapter Six of the Constitution, hold a degree from a recognized university, and possess at least 15 years of experience in ethics and governance, law, or public administration.
EACC Chief Executive Officer Twalib Mbarak explained that the commission’s opposition to the Bill is based on several considerations. He noted that the EACC already has a Directorate of Legal Services staffed with individuals who hold qualifications equivalent to those of a superior court judge. This directorate is responsible for reviewing evidence during investigations to ensure legal standards are met and providing legal advice to the commission.
Mbarak argued that limiting the chairperson role to those with legal qualifications might restrict the diversity of leadership within the commission. Excluding candidates from other professional backgrounds could lead to a lack of varied competencies and expertise.
He further stated that individuals from non-legal backgrounds could bring new ideas, innovative approaches, and diverse skills to the chairperson role. Restricting the position to legal professionals might hinder potential for innovation and improvements within the commission.
Mbarak also pointed out that the EACC chairperson’s role is part-time and focused on strategy and policy rather than operational matters, which may not necessarily require a legal background.
