I have been receiving a number of public complaints that certain departments have been going around seeking for "sponsorships in kind" to host their Hari Raya functions. This so called "sponsorship in kind" is sought for the lucky draw prizes that the departments will give out to their employees during such gathering. Apparently this has become a tradition in some departments to the extent that they do not see anything unethical about it. Their argument is that the sponsorship sought is only "in kind"(non-monetary) and they never force the members of the public to contribute even if these members of the public have official dealings with the departments. Further, they argue they have already sought approval from a relevant Ministry in seeking this "sponsorship".
I am trying to understand this argument better by first comparing the practice anywhere else. Obviously countries that are ranked as least corrupt do not tolerate this practice in their civil service. Unless our civil service is to be compared with Chad or Somalia and many more of the worst ranked countries then this practice cannot be tolerated and it ought to stop. I am not here to be a party spoiler of sort and ruin the real intention why this sort of function is organised in the first place. Indeed departments and government agencies are free to organise their private functions that will help foster better relationships amongst the employees and staff of these organizations. I wholeheartedly think that this is good way to build better bond and affinity amongst employees. After all its not too often that employees can get together in a less formal setting where you see everyone's faces sparkled with merriment. However there ought to be certain acts which are off limits. If the actions of the departments might bring their reputation and integrity into question then the best decision is to avoid the actions altogether as I always believe, it takes a lifetime to build a good reputation and only one mistake to destroy it!
I am somewhat baffled at how this "approval" could be given in the first place. Herewith I will try to give some understanding on some of the legal positions involved.
Let me state this outright that as a legal practitioner and as a common citizen, I hold dearly to the notion that Brunei is a country governed by law rather than by men. When power is exercised by men, it must first be assigned to him by law. This is the basic tenet of the principle a country with a Rule of Law. This is the reason why our Constitution clearly states that the Government has no right to impose any kind of tax or rate on the people unless it is authorised by law. This is the reason why any Government department or any public office cannot impose any financial burden on the people unless it is authorised by law.
Thus any department which attempts to seek for public contribution either in pecuniary term or otherwise it must first be authorised by law. The relevant law in this instance is the Subscription Control Act. This Act lays out clearly how the relevant approval should be acquired. The extract of the relevant provision is as follows:
2. (1) No person shall without the prior authority of the Minister receive or solicit contributions or subscriptions from any other person —
(a) for any purpose deemed to be a public purpose under this Act; or
(b) for any purpose which the Minister may by notification in the Gazette declare by any general or particular description or in any particular case to be a purpose to which this section applies.
(2) A purpose shall be deemed to be a public purpose within the
meaning of this section if —
(a) it relates to an object or matter which is normally the function or concern of Government or of any public or local
authority; or
(b) it is charitable; or
(c) it is for the benefit of any race or community within Brunei Darussalam, including a community constituted by virtue of residence within a particular part or parts of Brunei Darussalam or by reference to the members of racial or religious groups so resident:
It is clear under the law that approval must be for a public purpose or a purpose declared in the gazette by the Minister. A "public purpose" is further defined in the Act which includes a charitable purpose. (to be continued)
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