Prohibited contribution or hospitality to a civil servant
I am a businessman and get a lot of requests for contributions from different civil servants. For example, I am called very regularly to contribute for funerals of closed ones of those who are working in the civil service. Is it an offence to contribute? My second question is whether it is an offence to treat a civil servant to a meal in a nice hotel? Kindly guide.
NK, Dodoma
Contribution for a funeral or wedding of a family member of a civil servant might be or might not be an offence depending on the motive for giving the contribution and the existing relationship between the civil servant and the person giving the contribution. If there is existing or supposed official relationship between the civil servant and the person giving the contribution and the contribution is given as undue influence to the civil servant in order to obtain from him undue advantage either for the person giving the contribution himself or for another person, such contribution shall be a corruption offence termed trading in influence contrary to section 33(1) of the Prevention and Combating of Corruption Act [Cap.329 R.E 2019]. Where the contribution is given without intent to gain any undue advantage, there is no crime.
Likewise if a person hosts a civil servant in a nice hotel as influence to obtain from him undue advantage, such hospitality shall amount to trading in influence contrary to section 33(1) of the Prevention of Corruption Act.