PAC: What next after the public hearings?

For some, other than make recommendations, PAC does not have the clout to push for hefty punishments for those who mismanage public funds, including repeat offender

Wednesday, July 25, 2018
Members of the parliamentary Public Accounts Committee (PAC) during a past session. File.

For the sixth year in a row, the parliamentary Public Accounts Committee (PAC) has held public hearings where they put to task officials from public institutions to give details about funds mismanaged by their institutions.

The hearings are usually based on the Auditor General’s report detailing how much was lost and other issues ranging from delayed or cancelled contracts to mismanagement and sometimes embezzlement.

Just last week, while presenting their report on the analysis of the Auditor General (AG)’s report for the fiscal year 2016/17, the committee called on the Prime Minister to dismiss leaders of public institutions who failed to comply with public financial management rules and caused the government to lose billions of Rwandan francs.

But for some, other than make recommendations, PAC does not have the clout to push for hefty punishments for those who mismanage public funds, including repeat offenders.

What next?

The New Times asked the Chairperson of PAC, MP Juvénal Nkusi, what happens after the hearings.

"We are the legislative arm of the government and our job does not entail prosecuting the people cited in the report. That is the duty of the judiciary, but I can assure you that many have ended up in prison and others have paid fines for their mistakes. We ask the questions and then we compile a report on our findings and recommendations and hand it to the Prime Minister,” he said.

However, Nkusi was quick to say that his committee usually waits for the Prosecutor General’s report before they can follow up to see if their recommendations were given due attention.

The Prosecutor General Jean Bosco Mutangana told The New Times that though institutions complement each other in day-to-day activities, the National Public Prosecution Authority (NPPA) does not necessarily take action based on findings from PAC.

He pointed out that his office is involved in investigations of any mismanagement or embezzlement of public funds, with many cases ending up in court most times even before PAC starts its public hearings.

Mutangana explained that after the Prime Minister’s office receives PAC recommendations, it scrutinises and hands them to the Ministry of Justice and then NPPA.

"NPPA’s constitutional responsibility to conduct and prosecute crime does not necessarily rely on PAC findings and it should be noted that PAC findings are not criminal investigations. As a legislative arm, their findings will be examined but the prosecution conducts independent investigations,” he said.

Mutangana, who, upon taking office, vowed to go after the ‘Big Fish’ of financial and economic crimes, said there had been progress not only in bringing those responsible to justice but also in recovering money.

"In the fiscal year 2016/2017, prosecution received 516 files that are connected to economic crimes. Among those, 373 involving Rwf4.5 billion were reviewed and handed to courts of law. In the fiscal year 2017/2018, prosecution received 460 files. 277 of these files were completed, and 190 of them, which involved 232 suspects were handed to the courts. The total amount involved was Rwf135m,” he said.

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