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Lesotho - Corruption

Although corruption is said to be present in Lesotho, it is not endemic. The enactment of the Prevention of Corruption and Economic Offences Act 1999 and the subsequent establishment of the Directorate on Corruption and Economic Offences (DCEO) in April 2003 attest to GoL’s commitment to fight corruption. However, this law has shortcomings and the sanctions it provides for corruption and corrupt practices, which include fines and terms of imprisonment, are grossly inadequate. Added to this is the fact that DCEO is understaffed and inadequately funded, which hamper its integrity and effectiveness.

The Prevention of Corruption and Economic Offences Act No. 5 of 1999 is the law that provides for the establishment of the anti-corruption Directorate with powers of investigating and prosecuting suspected cases of corruption and economic crimes and sanctions for proven cases of corruption and corrupt practices in Lesotho.

Offences under the Act include corruption by a public officer by permitting his public conduct to be influenced by a gift, promise, etc.; acceptance of bribes after doing an act; corrupting a public officer by directly influencing his conduct in respect of the duties of his office by a gift, promise, etc.; conflict of interest; bribery in relation to auctions; cheating of public revenue; possession of unexplained property; corruption in respect of official transactions; acceptance of bribe by a public officer; promise of bribe to a public officer after doing an act; corrupt transaction by or with agents; and bribery for giving assistance in regard to contracts.

Sanctions for offences range between M 1,000 and M 10,000 fines or imprisonment for terms between 1 year and 10 years. These sanctions are considered to be grossly inadequate and not able to serve any deterrent purpose.

The establishment of the Directorate on Corruption and Economic Offences (DCEO) in April 2003 attests to GoL’s commitment to fight corruption. The Directorate is conferred with powers to investigate suspected cases of corruption and economic crimes with the exception of the King who enjoys immunity from investigation and prosecution under the Act. It is also charged with the responsibility of educating the public against the evils of corruption and fostering public support in combating corruption, among others. Its functions include examining the practices and procedures of public bodies in order to facilitate the discovery of corrupt practices, secure the revision of methods of work or procedures that may be conducive to corrupt practices, advise government and public bodies on ways in which corrupt practices may be eliminated, and on change in practices or procedures necessary to reduce the likelihood of corrupt practices.