Section 223(1) of the Constitution mandates a public officer, including the president, to “submit to the Ombudsman a written declaration of all property and assets owned by him or her, and of liabilities owed by him or her, whether directly or indirectly”.

The benefits of asset and liabilities declaration is for purposes of records keeping on what a person owns before assuming public office or while in public office. It engenders transparency, accountability and discourages corruption and illegal amassing of wealth while in public office.

Subsection (1) para. (b) and (c) mandates a public officer to declare his or her assets and liabilities owed every two years and when he or she ceases to hold public office.

Therefore, will President Barrow and his cabinet declare their assets after being in public office for more than two years now ( January 19, 2017 – January 19, 2019)? If they have not done so, 15 days after the 19th, are they in breach of the constitutional directive? Or is the Ombudsman’s failure to demand the declaration from them after the 19th of January?

The benefits of a new asset and liability declaration, after two years of the coalition government in power, will provide answers to many allegations and doubts and also allay fears over corruption and misappropriation. It will reveal the new properties and assets acquired by public officials after two years in office, as well as show the upsurge or downward savings of asset declarants. The liabilities incurred personally by a public office holder will also be revealed.

Although the office of the Ombudsman has refused to make the declarations public due to the absence of such direction in the Constitution, the benefits of asset declaration are immense. It could be produced in a court of law, commission of inquiries and in disciplinary proceedings. Under these circumstances, orders and directions can be made for the Ombudsman to produce any declaration as so directed.

The President is building massive structures in his village and giving large sums of money to supporters and others, the ministers are also building and undertaking personal projects, as well as other public servants in the last two years, therefore it is imperative for the Ombudsman to have recent declarations for records and other purposes. I am in no way insinuating that the president and other public officials are into corruption, but the new declarations can indeed pull some surprises.

By Simon Sabally