Lusaka-based lawyer Dickson Jere has explained how public officials, board members and employees can avoid conflicts of interest while serving in their respective positions, stressing the importance of declaring personal interests before participating in official decisions.
In a post titled Conflict of Interest, Jere said he had received several questions following the conviction of individuals in government and related agencies for conflict of interest, with many people seeking to understand how the offence occurs in practice and how it can be avoided.
He explained that many organisations have policies governing the declaration of interest, which are usually outlined in internal manuals or board charters.
According to Jere, members attending meetings may be asked to declare whether they have any personal interest in matters appearing on the agenda, particularly where decisions involve awarding contracts or selecting service providers.
For example, he said, a person sitting on a committee responsible for awarding a contract must declare an interest if they have a stake in one of the companies bidding for the contract. Such an interest may be direct, involving the individual personally, or indirect, involving an immediate family member.
Jere noted that once an interest is declared, the meeting should record it in its minutes, including the nature of the interest. Some organisations also maintain a register of interests in which members are required to make and sign declarations.
He explained that declaring an interest alerts other members to a potential conflict that could affect, or appear to affect, the individual’s impartiality in making a decision.
What happens after declaring an interest?
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Jere said the appropriate action depends on the rules governing the organisation and the nature of the interest involved.
In some cases, a person who declares an interest may be excused from the meeting when the relevant agenda item is discussed. They may even be asked to leave the room while other members deliberate on the matter.
He said the rationale is to prevent individuals from influencing decisions involving companies or matters in which they have a personal interest.
“Let your colleagues make that decision,” Jere advised, explaining that a person with an interest in a tender should not remain involved in determining its outcome.
However, he noted that some organisations may allow a person to continue participating after declaring an interest, particularly where the matter is considered less significant or the interest is remote.
Jere emphasised that individuals joining organisations should familiarise themselves with the applicable rules because declaration requirements differ from one institution to another.
He singled out procurement personnel as particularly needing to understand these rules because their work frequently involves decisions that could give rise to conflicts of interest.
Do friends and relatives count?
The lawyer also urged people to understand precisely which relationships and interests they are required to declare under their organisation’s rules.
He encouraged individuals to establish whether the requirements extend to companies owned by friends, distant relatives or members of their church, rather than making assumptions about what qualifies as a conflict.
His advice highlights the importance of checking the applicable rules and seeking clarification whenever the scope of a declaration requirement is unclear.
Jere warns against failure to declare interests
In his concluding remarks, Jere cautioned that failing to declare an interest can have serious legal consequences.
“Remember, corruption is very difficult to prove. However, abuse of office and failure to declare interest are the easiest way to get prosecuted and convicted,” he wrote.
He ended his post with a simple message to people holding positions of responsibility: “Always check!”
Jere’s explanation serves as a reminder that declaring an interest is an important safeguard for transparency and accountability in decision-making, particularly in public office, procurement and board-level governance.
By understanding the rules, declaring relevant interests and withdrawing from decisions where required, officials can help protect the integrity of their institutions and reduce the risk of legal consequences arising from conflicts of interest.
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