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2007 Assessment

Tanzania: Integrity Indicators Scorecard

Tanzania: Integrity Scorecard Report > Sub-Category: Civil Service Regulations
Indicators		Score
41	Are there national regulations for the civil service encompassing, at least, the managerial and professional staff?	100
42	Is the law governing the administration and civil service effective?	36
43	Are there regulations addressing conflicts of interest for civil servants?	17
44	Can citizens access the asset disclosure records of senior civil servants?	33

Indicator and sub-Indicator Details

Are there national regulations for the civil service encompassing, at least, the managerial and professional staff?

41a: In law, there are regulations requiring an impartial, independent and fairly managed civil service.

Score:

YES

Comments:

References: The Public Service Act, Chapter 298

41b: In law, there are regulations to prevent nepotism, cronyism, and patronage within the civil service.

Score:

YES

Comments:

References: The Public Service Act, Chapter 298

Standing orders

41c: In law, there is an independent redress mechanism for the civil service.

Score:

YES

$Scoring Criteria :: YES: A YES score is earned if there is a mechanism to which civil servants and applicants for the civil service can take grievances regarding civil service management actions. Civil servants are able to appeal the mechanism\'s decisions to the judiciary. NO: A NO score is earned if no such mechanism exists.$

Comments:

References: The court deals with both public- and private-sector complaints. If that fails, cases may be taken to the "ombudsman" (the Commission for Human Rights and Good Governance).

There is also an internal Ethics Inspectorate Unit that deals with complaints addressed to the civil service.

41d: In law, civil servants convicted of corruption are prohibited from future government employment.

Score:

YES

Comments:

References: The Public Service Act, Chapter 298

Is the law governing the administration and civil service effective?

42a: In practice, civil servants are protected from political interference.

Score:

100

Comments: Civil servants are frequently the willing or reluctant objects of political interference. Promotion is often dependent on accepting the rationale for political patronage. The pact is a dangerous one, for juniors may take the rap for seniors, although this is relatively rare, because the "system" is, in part, built around the principle of patron-client relations.

References: Brian Cooksey Wealth Declarations in East Africa - A Means of Combating Corruption? page 27 Thematic paper III Centra Washington DC 2004

USAID Democracy and Governance Assessment of Tanzania: Transitions from the Single-Party State ARD Inc. Burlington, Vermont November 2003

42b: In practice, civil servants are appointed and evaluated according to professional criteria.

Score:

100

Comments:

References: United Republic of Tanzania State of the Public Service Report 2004 President's Office Public Service Management Dar es Salaam, Tanzania 2005 [ LINK ]

Dan Kobb Sept. 20, 2007 Dar es Salaam, Tanzania

42c: In practice, civil service management actions (e.g. hiring, firing, promotions) are not based on nepotism, cronyism, or patronage.

Score:

100

Comments:

References: Brian Cooksey Sept. 20, 2007 Dar es Salaam, Tanzania

Interviews with several senior government officials over several years

Peer Review Comments: Appointments based on nepotism, cronyism, and patronage are clearly prohibited. In many such cases, the appointments are made discreetly to camouflage sectarian interests (e.g., political influence and family or business relationships).

42d: In practice, civil servants have clear job descriptions.

Score:

100

$Scoring Criteria :: 100 Score Criteria: Civil servants almost always have formal job descriptions establishing levels of seniority, assigned functions, and compensation. Job descriptions are a reliable means to map positions to both human capital requirements (including the position\'s authority and responsibilities) and base pay. 50 Score Criteria: Civil servants often have formal job descriptions, but exceptions exist. Some civil servants may not be part of the formal assignment of duties and compensations. Some job descriptions may not map clearly to pay or responsibilities in some cases. 0 Score Criteria: Civil servants do not have formal roles or job descriptions. If they do, such job descriptions have little or nothing to do with the position\'s responsibilities, authority, or pay.$

Comments:

References: United Republic of Tanzania State of the Public Service Report 2004 PO-PSM Dar es Salaam, Tanzania 2005. [ LINK ]

Interview with Dan Kobb, M&E Advisor, PO-PSM, 20 September 2007, Dar es Salaam

Dan Kobb M&E Advisor PO-PSM Sept. 20, 2007 Dar es Salaam, Tanzania

42e: In practice, civil servant bonuses constitute only a small faction of total pay.

Score:

100

$Scoring Criteria :: 100 Score Criteria: Civil servant bonuses constitute no more than 10% of total pay and do not represent a major element of take-home pay. 50 Score Criteria: Civil servant bonuses are generally a small percentage of total take-home pay for most civil servants though exceptions exist where some civil servants\' bonuses represent a significant part of total pay. 0 Score Criteria: Most civil servants receive bonuses that represent a significant amount of total take-home pay. In some cases bonuses represent the majority of total pay to civil servants.$

Comments: Sitting allowances, per diems, etc., constitute more than 50 percent of pay for most senior officials. There are also estimates that a significant part of pay derives from illicit transactions.

References: United Republic of Tanzania Budget Analysis to Facilitate Pay Reform Theodore Valentine Public Service Reform Programme draft Dar es Salaam, Tanzania 2004

President's Office Public Service Management State of the Public Service Report 2004 Dar es Salaam, Tanzania June 23, 2005

Theodore Valentine July 5, 2006 Dar es Salaam, Tanzania

42f: In practice, the government publishes the number of authorized civil service positions along with the number of positions actually filled.

Score:

100

Comments:

References: United Republic of Tanzania State of the Public Service Report 2004 President's Office Public Service Management Dar es Salaam, Tanzania 2005 [ LINK ]

Dan Kobb M&E Advisor PO-PSM Sept. 20, 2007 Dar es Salaam, Tanzania

42g: In practice, the independent redress mechanism for the civil service is effective.

Score:

100

Comments:

References: Interviews with consultants to the government

42h: In practice, in the past year, the government has paid civil servants on time.

Score:

100

Comments: Most civil servants are paid on time, but new teachers still experience delays in payment, although this is improving.

References: Rakesh Rajani Founding Chairman of Policy Forum Sept. 20, 2007 Dar es Salaam, Tanzania

Brian Cooksey Sept. 20, 2007 Dar es Salaam, Tanzania

42i: In practice, civil servants convicted of corruption are prohibited from future government employment.

Score:

100

Comments: Convictions are very rare. More commonly, civil servants suspected of corruption are transferred to less-desirable positions or locations.

References: USAID Democracy and Governance Assessment of Tanzania: Transitions from the Single-Party State ARD Inc. Burlington, Vermont November 2003

Brian Cooksey Sept. 20, 2007 Dar es Salaam, Tanzania

Are there regulations addressing conflicts of interest for civil servants?

43a: In law, there are requirements for civil servants to recuse themselves from policy decisions where their personal interests may be affected.

Score:

YES

Comments:

References: The Public Leadership Code of Ethics (Declaration of Interests, Assets and Liabilities) Chapter 398 Regulations Sections 32(1) and (2)(a)

43b: In law, there are restrictions for civil servants entering the private sector after leaving the government.

Score:

YES

$Scoring Criteria :: YES: A YES score is earned if there are regulations restricting civil servants\' ability to take positions in the private sector after leaving government that would present a conflict of interest, including positions that directly seek to influence their former government colleagues. NO: A NO score is earned if no such restrictions exist.$

Comments:

References: The Public Leadership Code of Ethics (Declaration of Interests, Assets and Liabilities), Chapter 398 - Regulations, Section 32(1) and (2) (a)

43c: In law, there are regulations governing gifts and hospitality offered to civil servants.

Score:

YES

Comments:

References: The Public Leadership Code of Ethics (Declaration of Interests, Assets and Liabilities) Chapter 398 Regulations Sections 32(1) and (2)(a)

43d: In practice, the regulations restricting post-government private sector employment for civil servants are effective.

Score:

100

Comments: There are no regulations.

References: The Public Leadership Code of Ethics (Declaration of Interests, Assets and Liabilities) Chapter 398 Regulations Sections 32(1) and (2)(a)

43e: In practice, the regulations governing gifts and hospitality offered to civil servants are effective.

Score:

100

Comments: No record of gifts are maintained so there's no way of enforcing any regulations

References: USAID Democracy and Governance Assessment of Tanzania: Transitions from the Single-Party State ARD Inc., Burlington, Vermont, November, 2003

Interviews with government officials and consultants to govt.

43f: In practice, the requirements for civil service recusal from policy decisions affecting personal interests are effective.

Score:

100

Comments: Increased media coverage of conflict of interest cases may start making such behavior more risky, but the jury is still out on whether this is likely to improve matters.

References: This Day September 25, 2007 "TANGOLD deal: The inside story" [ LINK ]

Brian Cooksey Sept. 20, 2007 Dar es Salaam, Tanzania

Can citizens access the asset disclosure records of senior civil servants?

44a: In law, citizens can access the asset disclosure records of senior civil servants.

Score:

YES

Comments:

References: Public Leadership Code of Ethics 1995 (amended 2001)

44b: In practice, citizens can access the asset disclosure records of senior civil servants within a reasonable time period.

Score:

100

Comments: In practice, access to records is very difficult, and even if one manages to do so, it is illegal to disclose publicly what one has seen. One can only report suspected faults to the Ethics Commissioner.

References: Public Leadership Code of Ethics Act

Brian Cooksey

44c: In practice, citizens can access the asset disclosure records of senior civil servants at a reasonable cost.

Score:

100

Comments:

References: Public Leadership Code of Ethics Act

Brian Cooksey

Peer Review Comments: The cost may not be high, compared with the high level of frustration involved in gaining access to records. Therefore, it is difficult to assess whether cost is a hindrance.