I have in the last few days defended Powes Parkop, and as recent as in the last few hours, I chose also to defend the suspended Secretary for Dherst, Fr Jan and in the process, I most certainly have raised a few eyebrows of my brothers and sisters, who probably are a little surprised and taken aback by my stance.
I want to say this, whether it is Powes Parkop or someone else as the Governor, or whether its Fr. Jan or some one else as the Secretary of the Dherst, my point of view would not have changed, and I would say the same thing.

The element of criminal offence in spending public money.

How do you make a determination and identify the element of criminal offence in the spending of public money?
Answer:
In order to determined the element of criminal offence in the spending of public money there must an Auditor General Report compile. Collected and gathered through DUE PROCESS.

What is due process?
Answer:
Due process is the legal requirement that the state must respect all legal rights that are owed to a person. Due process balances the power of law of the land and protects the individual person from it.

Essentially it means the RIGHT OF REPLY must be accorded before allegations of impropriety, and elements of crime are made against the person, especially if that person is authorised by virtue of the powers established under the Public Finance Management Act to spend public money.

Furthermore due process, also allows the Auditor General through the Finance Inspectors and Internal Auditors as stipulated by the PFMA, to identify where the financial systems was breached, how it was breached, and also identify whether there is undue influence, threat and intimidation occurred at the various levels of checks and balance, and Section 32 approval delegation whether approvals were grant through the compliance of Finance Manual, or otherwise obtained under duress or in collusion.

Summary
Allegations on Powes Parkop and yoga payments, the recent suspension of the Secretary of Dherst Fr. Jan. Not withstanding if there is any truth in any of the allegation made on both person, due process is not seen to be done and is definitely not accorded and followed.

The Public Finance Management Act empowered the Secretary to spend money on behalf of the Government. That power to spend public monies is described thoroughly in the Public Finance Management Act, and as such the actions of Dept Secretary’s cannot be criminalised by anyone other that Public Finance Management Acts audits, checks and balance and due process.

Conclusion
Internal Audit Report, Audit Committee Report and the Auditor Generals Report are the way to identify the element of criminality.

Out of these official reports, allegations are then made or identified, formed and referred to two most notable institutions outside of the jurisdiction of the Public Finanace Management Act, and they are:-

1. The Police Fraud Squad and
2. The Ombudsmen Commission
   There are then required to conduct the own investigation and record of interviews for a successful conviction in both the criminal court and the leadership tribunal.

NB
The Auditor Generals Office must be funded by the National Budget.

With sufficient funding the Auditor General can conduct periodic and regular audit of Institutions that use Public Monies.
Auditors Generals Report must reach the Parliament within reasonable time, and allow the PUBLIC ACCOUNTS COMMITTEE to hold the Inguiry based on facts within relevant space of time, and issue resolutions and solutions.

Comment.
We are where we are because the Auditor General is not funded.

And problems corruptions escalate and multiply and our solutions is to introduce new laws and legislations like the Whistle blowers Act, and the ICAC, thinking they will resolve the corruption issues.

GIVE PRIORITY FUNDING TO THE AUDITOR GENERAL.