Oswald Lutepos gifts to Madam Joyce Banda and President Peter Mutharikas khaki envelops to the league of journalists at Sanjika Palace: When does a gift become a bribe? In November 2012, the Member of Parliament for Thyolo Thava Lifred Nawena claimed in the National Assembly that a few days earlier a top government official’s child had received MWK 40 million (approx. USD 121,500) from the managers of Paladin Africa Ltd. Paladin responded to the accusations and said they were unfounded and that bribery is a breach of company policy. Bribery refers to the offering, giving, soliciting, or receiving of any item of value as a means of influencing the actions of an individual holding a public or legal duty. This type of action results in matters that should be handled objectively being handled in a manner best suiting the private interests of the decision maker. Bribery constitutes a crime and both the offeror and the recipient can be criminally charged. Proof of bribery requires demonstrating a “quid pro quo” relationship in which the recipient directly alters behavior in exchange for the gift. Because the relationship does not occur directly enough, campaign donations from corporations or individuals to political candidates do not constitute bribery. Another element of proving bribery includes proving intent to influence the discharging of another’s official duties. Some statutes also require proof that both parties understand and agree to the arrangement. Attempts to bribe exist at common law and under the Model Penal Code, and often, the punishment for attempted bribery and completed bribery are identical. Solicitation of a bribe also constitutes a crime and is completed regardless of whether the solicitation results in the receipt of a valuable gift. Economists consider bribery to negatively impact economic growth because it encouraged rent seeking behavior. Rent seeking behavior refers to an individual’s or corporation’s attempt to illicitly influence the open market in order to provide that individual or corporation with a disproportionate amount of wealth. Such an environment results in a sub-optimal allocation of resources, which results in depressed economic growth.
Posted on: Thu, 27 Nov 2014 11:15:36 +0000