Incidentally, Armando Dimande, dean of the Faculty of Law, University Eduardo Mondlane, considers the new law, in that it draws attention to the civil servants who, in the exercise of their duties, respect the public interest, particularly in view that available resources come from the contribution of citizens.Public servants must declare their assets so that they can justify in case of suspicion of sudden and unjustified enrichment in the eyes of ordinary citizens."I think there is room for its materialisation, because" the law is harsh, but it's the law, "and so to be, should be fulfilled," said Dimande.In its view, the biggest problem lies in the implementation by the competent institutions. Indeed, because of this, Dimande think there somehow, the risk of a poor implementation of the new law, as has been happening with other legal instruments.
ARMANDO Dimande understands that public servants who are to occupy positions of leadership are the ones who can create some difficulty at the time of implementation of Law 16/2012, of 14 December, regarding the statement of his assets and renunciation of positions that may constitute conflicts of interest.
But Dimande believes that in time public servants will change its stance. It also thinks well as the jurist Custodio Duma, Chairman of National Human Rights Commission (NHRC). "I believe that this law will be implemented. I've been noticing a change in behavior on the part of the rulers, "he said.
However, do not rule out the possibility of some resistance on the part of public officials to declare their assets, especially because, in its analysis, there is a trend of secrecy in matters of privacy.With respect to conflicts of interest, Duma said that all civil servants will have to forgo some of the positions that accumulate, because no reasonable considers a situation in which some have put their jobs and others are still available.
"Some will be persecuted just because we know that this and occupy that position. I think this is unfair. In my opinion, the law should apply to everyone and not just for a group of people, "defended Duma, ensuring that next January will declare their assets, taking into account the new law.
Philip Sitoi, lawyer and university professor, believes that the law will change at least the "modus operandi" of public servants on corruption and conflicts of interest.However, your biggest concern is whether the Attorney General's Office and the Administrative Court have created mechanisms to control asset declarations and monitor the aspects of civil servants required to declare their assets.Philip Sitoi stressed that the law requires that public servants who are conflicts of interest in self-exclude. However, there are exceptions that allow a public servant can have two set salaries without conflicts of interest. To this end, recommended to all public servants aflorarem the law with great caution.
For Manuel Castiano, faculty chair of the Criminal Procedure Law, the current law misses the idea that the lack of ethics only exists in civil servants, which is wrong. "I think the act of serving must guide everyone. But as we are dealing specifically with the public sector, I believe we have a good foundation that will strengthen what already exists, "he said.In the view of Castiano, is not with the multiplication of laws that will change what's negative. You must enable the institutions charged with ensuring the implementation of the standards.
"It is also important to ensure the effectiveness of the declaration," he said Castiano, given that the legal system had an obligation to Mozambican leaders declare their assets but they did not.
"It runs the risk of falling into the existing point in the remaining laws. Often the problem is not in law but in its implementation. It is necessary that this committee be composed of people with independence, honesty, integrity and straightforwardness enough to enforce the principles espoused here, so as not to fall into the void, "said Sitoe.For one lawyer, the greatest anxiety society concerns itself more with the sanctions regime, since we expected a sanctioning more intimidating than exists in law."We would like to see that punishment applied to those who use public funds for personal purposes, or who ignores society's interests in favor of personal interests, or to those who use state institutions for partisan purposes, etc.. I think this is the greatest anxiety of the people, which unfortunately was not reached by the Legislature, "he said.In the analysis of this jurist, it appears that the law punishes those who discloses more goods declared for holding public office. "Consider the case of embezzlement in which the penalty is determined by the value of the thing. I believe that this criterion may not be fair if we consider that the value out of it, competes in the offender as a representative of the society for the pursuit of public interest, "he said.
To Baltazar Egidio, a lawyer and teacher, is to be congratulated by the Parliament initiative that culminated in the production of law that comes into force today.But also reminded that not everything is what it appears again. Some aspects such as the declaration of assets already contained in other laws as the General Statutes of the State Employees and Agents. The biggest problem is its materialization and in this aspect, is called the responsibility of the Central Public Ethics created by the law itself."I think this law can reduce corruption and conflicts of interest that are registered with some seriousness in our country. However, this can only happen if the law is effectively implemented, "he said.