The declaration of assets act 2018 is one of the legislations which has been widely popular among the population. As this legislation has the duty to bring transparency to the wealth of the public figures who are mainly politicians. The assets of any Member of Parliament can be consulted on the website of ICAC.
However, this piece of legislation is not as effective as it should have been as there are loopholes which maybe have been kept deliberately. The aim of this law is to bring the assets owned by the Members of Parliament to the eyes of the population. There are numerous ways by which the politicians can escape this piece of legislation.
We should also keep in mind that the Members of Parliament will not enact an act which will endanger their power, money and influence. If we make an abstraction on the fact the ICAC is not really independent, the declaration of assets act 2018 is full of loopholes ready to be used.
The fact that trust law in Mauritius shields the wealth of the party is the kryptonite of this act as many of the Members of Parliament if not all have trusts in order to shield their wealth. They can also donate and/or transfer their properties to their children, spouses and/or siblings in order to escape this declaration of wealth. These are the ways in which the Members of Parliament escapes the declaration of assets act 2018.
The arguments which I have put forward is supported by the fact the Prime Minster, Hon. Pravind Jugnnauth has only declared that he owns only a Mini Cooper as a car and he has been in the Cabinet for many years and has also been the Prime Minister of Mauritius. There are many Honourable members whose Declaration of Asset does not reflect their real net worth.
There are numerous ways to curtail the principle of the Declaration of Asset which could be used by the Members of the Parliament as we should not forget that the law is drafted and voted by them so if they want intentional loopholes so be it. (Trust is a major loophole)
Yovesh Gunnoo
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