When Does a Gift Become a Bribe?

Experts addressing a forum on corruption and good governance last Friday called on the Kufuor Administration to provide and disseminate anticorruption guidelines, especially with regard to gift giving and receiving. The President's "Zero Tolerance for Corruption" is making Ghanaians, especially public and civil servants uneasy about what "good will" is legit or not in the course of duty.

The experts said for the government's policy of zero tolerance for corruption to succeed, it must be "operationalised" in codes of conduct that are enforceable and capable of moulding the culture and attitudes of society.

For example, public officials who claim to have gained wealth from gifts should be compelled to show proof that there has not been a conflict of interest as a result of the gesture. Public servants, especially those in areas that execute major government contracts are exposed to a lot of temptations. This puts immense pressures on their will to say no to inducements.

Perhaps with this reality in mind, the experts proposed that, there should be a system to establish that the giver acquired the gift genuinely and where necessary, has honoured the appropriate tax obligations.

Presentations were made by retired Justice Isaac Richard Aboagye, formerly of the bench in Ghana, the Gambia and Botswana, Ms Audrey Gadzekpo, a lecturer at the School of Communication Studies, Legon and Mr Brian Sapati, Acting Executive Director of the Serious Fraud Office (SFO) at the forum in Accra.

On the issue of the declaration of assets, the forum concluded that assets declared by public office holders should include those of spouses and made accessible to the public.

The forum comprised participants drawn from various public institutions including the Police and Customs, Excise and Preventive Services who, according to a recent survey, rank high among the most bribed agencies and departments in the country.

Ms Gadzekpo, who cited numerous cases of corruption at various workplaces, traced the canker to poor remuneration, lingering bureaucracy and most of all, the culture of gift giving to show gratitude.

"We must begin to move towards paying people a living wage, obviously and stop pretending people can live on their salaries." She cited the controversy over end of service benefits to functionaries of the former government and the recent MPs car loan saga as examples of poor remuneration that leave public servants open to the temptations of using other means to acquire wealth.

She said people are compelled to offer gifts because it has become accepted in the Ghanaian culture of showing appreciation.

"If you don't, the service will not be available to you the next time you need it."

However, this accepted culture of gift giving could be taken to heights that undermine accountability and transparency in high public office, she said.

Mr Sapati gave the assurance that the proposed "Whistle Blowers Act" has provided adequate protection for sources of information to the security agencies.

He called for shared efforts with international partners in enforcing guidelines on corruption.

Justice Aboagye expressed optimism that corruption could be reduced drastically if the appropriate guidelines are fashioned out to limit gift giving.

The morality of gift giving and taking has bedevilled Ghana since independence. Politicians who were generally impecunious, after serving just a few years in government ended up as extremely wealthy individuals.

The most popular defence put up by such individuals, when confronted, has always been "gifts received from friends and family." People in the line of duty do in fact get favours, the question is, when do these favours become bribes?