By Mubita Kabika, Citizen Journalist.
Was Matero Member of Parliament Miles Sampa right in denying his brother participation and possible access to the Constituency Development Fund (CDF) contracts?
Background
Matero Member of Parliament Miles Sampa reported to the public that he had stopped his brother ‘Joze’ from accessing CDF contracts using the declaration of interest as the pretext for his action. Mr. Sampa shared the story below on his Facebook page on 30th March 2023:
“Joseph (Joze) is my young brother that I love dearly. Over years he has been doing business for his living through solid waste collection. He collects from places in Matero and taking to the dumpsite using own van (in the pic). He is self-sustaining in that way and hardly harasses anyone to take care of his needs and family.
I have however been away at Africa Parliament duties in SA most part of last few months when Matero CDF committee sat. Little did I know that Joze’s company had also applied for empowerment to capitalize his garbage pick-up company with proper tools and equipment or vehicle?
Upon checking the list of recommended applicants for approval I found his company was there. So in today’s CDF meeting I alerted the Committee the owner of the company and submitted that the allocation to his company be given to others applicants and that the final list to be sent to the Ministry of Local Government for approval should not have my brother’s company?
As area MP for Matero, my wife, children, brothers, sisters or relatives should be least to benefit from the area CDF funds meant to empower residents.
I believe my time is to empower ordinary residents and not my relatives and doing so will be morally wrong on my part.
I will see to help my brother Joze’s garbage collection company from my personal income if need be.
Meantime out of the many applications received, 70 residents have been shortlisted for empowerment from the 2022 CDF for onward approval by the Ministry of Local Government.
A total of K2.9bn with average of K40, 000 per company will be disbursed soon for applicants in various projects like poultry, tailoring, carpentry, hardware, mobile money booths, garbage collection etc.”
Was this action in line with the law that governs the CDF?
According to Section 5 of the CDF Act of 2018,
(1) A person who is present at a meeting of a Committee at which any matter is the subject of consideration and in which matter that person or that person’s relative or associate is directly or indirectly interested in a private capacity shall, as soon as is practicable after the commencement of the meeting, declare interest and shall not, unless the Committee otherwise directs, take part in any consideration or discussion of, or vote on, any question relating to that matter.
(2) Disclosure of interest made under subparagraph (1) shall be recorded in the minutes of the meeting at which it is made.
(3) A person who contravenes subparagraph (1) commits an offence and is liable, on conviction, to a fine not exceeding two hundred thousand penalty units or to imprisonment for a term not exceeding two years, or to both.
Definitions of ‘Declaration of Interest’
According to the World Health Organization, British Medical Journal and Nature Research Ethics Guidelines, a declaration of interest is a formal statement made by an individual or organization to disclose any potential conflicts of interest that may arise due to their involvement in a particular activity, decision-making process, or transaction. This disclosure is typically made to ensure transparency and to allow stakeholders to assess the situation objectively.
Conclusion
The ACA-Speak Up Youth Project Fact-Checking Unit finds that Mr. Sampa’s decision to intervene in the Matero Constituency Development Fund (CDF) contracts, ostensibly to prevent nepotism, appears morally commendable. However, legally, his actions were not correct. The CDF Act of 2018 mandates the declaration of interest, which Mr. Sampa failed to follow or misunderstood. By influencing the non-allocation of contracts involving his brother’s company without he potentially violated the law and unfairly disadvantaged his brother. This highlights the importance of adhering to legal procedures, even when pursuing ethical objectives.
Sources
MILES SAMPA FACEBOOK PAGE 30TH MARCH 2023
CONSTITUENCY DEVELOPMENT FUND ACT No. 11, 2018
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