The right to protection from corruption
Tuesday, November 20, 2018

Corruption is bad because it undermines justice and always results in unfair treatment of people. To fight this vice in Rwanda, Law N° 54/2018 of 13/08/2018 on Fighting against Corruption was put in place. 

Article 4 of the law considers corruption to be solicitation, acceptance or offer of illegal benefits in order to render or neglect a service under someone’s authority. Any person who is found guilty of this is liable to a term of imprisonment between five and seven years and a fine that is three to five times the value of the illegal benefit solicited. The term of imprisonment is increased to between seven and ten years if the act committed is against the law.

Another act of corruption defined in article 5 of the Law on Fighting against Corruption is soliciting or receiving an illegal benefit by someone who makes or executes justice decisions. This category refers to judges. The term of imprisonment for such a person is between 10 and 12 years. Additionally, they have to pay a fine which is three to five times the equivalent of the illegal benefit solicited. Other people involved in exacting justice such as court registrars, prosecutors, investigators or persons summoned as experts, once convicted of corruption, receive a jail term of seven to 10 years and the same fine prescribed to convicted judges.

Soliciting or offering sexual favours is another form of corruption which is punishable under the Law on Fighting against Corruption. Article 6 of the law prescribes between five to seven years in prison and a fine ranging from one million to two million Rwandan francs for the culprits. If the sexual favour is done in order for the beneficiary to perform an illegal service, the jail term and fine are both increased.

The Law on Fighting against Corruption also prohibits influence peddling. This is where a person exerts influence in decision making for his/her own benefit or for another person’s benefit. A person who is convicted of this crime goes to jail for no less than seven years and pays at least three million Rwandan francs in fines. The same jail term is given if the benefit is illegal or if the influence peddling was a result of receiving or being promised a sexual favour.

In order to uphold fairness, article 8 of the Law on Fighting against Corruption prohibits making a decision based on favouritism, friendship, hatred, acquaintances or nepotism. Anyone who is convicted of this crime goes to prison for more than five years and pays a fine of at least one million Rwandan francs.

Other corruption acts which are forbidden and punishable under the Law on Fighting against Corruption include unlawful enrichment, embezzlement of funds, and use of public property for unintended purposes, illegal exemption, demand or receiving undue or excess money, abuse of office, and providing unlawful favours. All these crimes result in heavy punishments.

editorial@newtimes.co.rw