Concerns raised about new bill

THE draft Independent Commission Against Corruption (Icac) bill may take away the powers of the Ombudsman Commission, police and public prosecutors, an official says.
Chief Ombudsman Richard Pagen, who made his presentation yesterday, raised concerns about the new bill which he said could create disharmony among the constitutional offices.
He told the Parliamentary committee on Constitutional Laws and Acts and Subordinate Legislations yesterday that if the passing of the Icac bill created an abuse of the existing constitution, then his office would file a reference in the Supreme Court.
“The bill has gone through two readings now, but if it goes through a third reading without amendment, then that’s a concern.
He said the Ombudsman Commission was empowered under Section 218 (c) of the Constitution to protect any abuse towards it.
“Our concern is the duplicating of organisations or creating another white elephant. Section 3 of this particular Act has taken away the function of the police which says the criminal code in its entirety is put in Icac, so what will the police do if Icac is to take away its functions?
“Section 5 of this bill has taken away the functions of the Ombudsman Commission, the leadership code is the moral and ethical code on the part of the leaders which OC supervises and enforces.
“Section 34 of this bill states that no amendment will be done but it will pass in the next session. Section 34 of this bill has taken away the function of the Office of the Public Prosecutor,” he said.
Pagen said the bill had taken away pursuant to Section 3, the police function, the criminal code of the police and the organic law on duties and responsibilities by OC.
“What will these three organisations do when you have Icac here?
“These three offices are created in the constitution and any development has to be in harmony with the constitution.”