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    "id": 551044,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/551044/?format=api",
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    "content": "Senate and any other investigatory Committee to call for special audits. This inclusion will make sure that we do not always deal with postmortems. We now have an opportunity to ask for quick special audits that can unravel mischief before it is too late. I would like to draw the attention of the Mover to Clause 8 (j) which says that in addition to what is provided for under any other relevant law, the Auditor-General shall develop and maintain a code of conduct and ethics for the office, specific to auditing, guided by the International Code of Practice and Ethics issued by the International Organization of Supreme Audit Institutions. We must laud the Mover on this one, because experience across Africa is that auditors in African countries do not adhere to the best international standards and practices. Therefore, this provision gives room now for the Auditor-General to ensure that he operates in line with the African Organization of Supreme Audit Institutions (AFROSAI) and the International Organization of Supreme Audit Institutions (INTOSAI). I would further wish to draw the attention of the Mover of this Bill to Clause 20, which provides for the power to obtain information from others. It goes ahead in sub- clause (1) to say:- “For purposes of exercising or performing his or her functions, duties or powers under this Constitution or this Act, and subject to the law relating to data protection, the Auditor-General shall require a public body or any other person employed by the public body- (a) to produce any official document in the body’s or person’s custody, care or control; and, (b) to provide the Auditor-General with information or an explanation about any official information, system or asset.” They want to tie the hands of the Auditor-General, so that when he is told: “Subject to the law relating to data protection, you cannot be allowed to collect this particular data.” I am glad that after inquiring from a lawyer in this House, he has confirmed that such a law is yet to be passed in this country. Why are we making this subjective? I will be proposing an amendment in the Committee that we delete the words “subject to the law relating to data protection,” because you intend to tie the hands of the Auditor-General. In Clause 20 (2), the Auditor-General may obtain--- Again, those are clever words that are added there as mischief. The word “may” should be replaced with “shall.” The moment you put “may”, you are making it optional and the Auditor-General will face challenges. As they say, the devil is in the detail. The same clause further ties the hands of the Auditor-General where it says:- “Where the information required is not official, then the Auditor-General will have to apply to the courts to obtain such information.” Yes, he can apply to court, but how sure are you that he is going to be granted? It might be delayed or denied and a criminal who has stolen public funds and is holding information that is not official runs away with it. Madam Temporary Speaker, I want to draw the attention of the House to Clause 24 which deals with the establishment and composition of the Audit Advisory Board. I want to associate myself with the sentiments of Sen. Orengo, but be even more specific. This board does not offend me because it is trying to duplicate the current committee at The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate."
}