The recent Amendment of the Leadership Code directs all persons classified as Leaders under Article 67 of the Constitution and section 5 of the Leadership Code Act to submit their annual returns to the Ombudsman Office. Leaders are previously required to submit their annual returns to the Clerk of Parliament, however this is now changed during the second sitting of the first ordinary session of parliament in 2020.
Leaders are required by section 31 of the Leadership Code Act to submit their annual returns in a prescribe manner as set out in Schedule of the Leadership Code Act. The annual return must set out details of the assets and liabilities of the Leader, the Leaders spouse and children were feasible and also any trust of which the leader of the spouse or children are a beneficiary where feasible. The assets include all land, properties, vehicles, shares in public or private companies, all income all liabilities directorships in corporations, directorships or other offices held in unincorporated bodies, any assets acquired or disposed of during the period covered by the return any liabilities acquired or discharged during the period covered by the return.
The Office or the Clerk of Parliament had been having difficulties to have Leaders file their annual returns in time and also the process of having leaders to be held accountable for not filing their returns in time is quite extended. The idea of having annual returns filed to the Ombudsman Office is to ensure non-filers are being dealt with promptly and accessing information on Leaders in any Ombudsman Enquiries will be straightforward.
The Ombudsman welcomes the amendment and expressed that the Office will be creating a new section within its official structure to gather for annual returns now that the amendment is through. Leaders are required to submit their annual returns before 1st March each year, and also within two months of becoming a Leader as provided for in section 31 subsection 2 of the Leadership Code Act. A notice from the Ombudsman, will be send to all persons occupying Leadership posts once the amendment is gazetted. Failure to file annual returns is a breach of Leadership Code Act according to section 33 of the Leadership Code Act.