Prime Minister Ousmane Sonko and most of the members of his government have fulfilled the legal requirement to declare their assets to the National Office for the Fight against Fraud and Corruption (Ofnac). The President of the Republic, Bassirou Diomaye Faye, had already done so before the Constitutional Council. As mayor of Ziguinchor, Ousmane Sonko also declared his assets in 2022. This step is to their credit. It contributes to transparency in public life and strengthens an essential institution whose mission is becoming sacred in a country like Senegal.
This no doubt explains why the new organic law on Ofnac was passed unanimously by the members of the National Assembly in January 2024. Few legislative texts can benefit from such an unction. This law is considered to be one of the most advanced in terms of transparency and reinforcement of the institution’s missions.
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President Bassirou Diomaye Faye made no mistake about this, as one of his first decisions at the helm of Senegal was to order the publication of the reports of the Court of Accounts and Ofnac (Council of Ministers meeting of 17 April 2024). On this point, he will be more rigorous about accountability in the management of public resources, by declassifying and ordering the publication of the reports of the Inspectorate General of State (Ige). Opponents, the President of the Republic and his Prime Minister advocated this. Ofnac’s success has improved Senegal’s results, as shown by the International Monetary Fund’s (IMF) press release following its review from 6 to 19 June 2024.
The law doesn’t require them to publish, but they can’t just declare their assets on the sly
The public may frankly welcome these declarations of assets before Ofnac, but they are nevertheless entitled to remain disappointed. It seems just as important to satisfy the public’s curiosity, which would not be vulgar voyeurism. Above all, it would allow public scrutiny of the sincerity and completeness of these assets. We are simply taking Ousmane Sonko at his word, as he has repeatedly promised to systematically ensure that the assets of elected representatives and managers of public funds are made public. The law severely punishes false and/or incomplete declarations of assets. Hasn’t this new regime asked every citizen to become a whistle-blower, to poke around in people’s lives and reveal their assets? Bassirou Diomaye Faye has sounded the alarm, guaranteeing not only protection but also compensation for whistle-blowers.
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Many people have found a new occupation: touring Senegal, smartphones in hand, filming property supposedly belonging to well-known personalities. The assets of people who have not carried out any public activity are even, on occasion, displayed in the public arena, as if wealth has become a crime. Informers are only interested in the assets of Senegalese nationals. A wealthy Senegalese has no merit in the eyes of these « self-proclaimed patriots », while foreigners’ wealth does not bother anyone.
The death of oil tycoon Abdoulaye Baba Diao is a non-event for the government authorities, as is the announcement of the sale of Sedima by its founder, anther self-made man, Babacar Ngom. These two great Senegalese businessmen built their fortunes at a time when all those in power were in short trousers. They should be held up as models of success. In particular, the National Institute for Petrol and Gaz (Inpg) deserves to be named after Baba Diao. It’s a disgrace to see Sedima pass into foreign hands because its owner has been the victim of ostracism since his daughter Anta ventured, like many of her compatriots, to deplore the remarks made on 9 June 2024 by the Prime Minister on the esplanade of the Grand Théâtre in Dakar.
The new leaders also accused their predecessors of all economic crimes and stigmatised the fortunes lent to some and others. In fact, they campaigned on a theme that struck a chord with voters: the favourite candidate in the 2024 presidential election, Amadou Ba, was a « billionaire civil servant ». The origin of his wealth has been widely discussed. Now is the time for Ousmane Sonko and Bassirou Diomaye Faye to put to rest the idea that they too are billionaire civil servants. Publication of their assets would silence all speculation, provided they dare to do so!
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Candidate Bassirou Diomaye Faye attempted this exercise in transparency and ended up mired in confusion. The discovery of his property holdings came as a shock, although they may have been undervalued. The value of his assets was clearly several hundred million francs. In his defence, he said that he had just been released from prison and had not had time to carry out a valuation. In the meantime, he has had the opportunity to surround himself with experts and tell us how much his fortune really is. How did a civil servant amass such a fortune? One explanation was that he had benefited from a large number of land allocations, although some might have good reason to believe that candidate Bassirou Diomaye Faye’s statement was not complete or exhaustive.
The question that arises is that if he, a civil servant, can benefit from several allocations of hectares of land in different regions of Senegal and numerous plots in the most beautiful districts of Dakar, why should this be prohibited to other Senegalese citizens? It has to be said that I am totally at ease on this subject, having never benefited from a single square metre of State land. So let me make it quite clear that I am not preaching to the choir. Ousmane Sonko cannot say the same thing. On the contrary, his assets are colossal, in terms of the properties he still owns or has sold to third parties. All these properties were graciously offered to him in the context of land allotments, when he was a civil servant and even after he left the civil service.
It may be very easy to confuse him if he publishes his declaration of assets. That’s a public challenge he won’t dare take up! His only response will be to sit back and unleash his pack of insulters. To think that he has the audacity to stand on the rocks of Anse Bernard beach to show off land allocated to other people! Besides, what is there to hide in keeping quiet about the names of the stigmatised owners? One might fear that this is a pretext for holding night-time hearings to sort out a few situations! The world of luxury real estate is a very small one in Senegal.
In any case, the publication of the Prime Minister’s assets will also provide an opportunity to date certain acquisitions, such as the property obtained by tax inspector Ousmane Sonko after tax audits of property companies. We can also find out who was a tax official and at the same time owned private companies and tax consultancies. Who will speak of ethics and probity?
Once again, we must demand the publication of these assets, as we remember the great debate that took place in Senegal on the published assets of Macky Sall in 2012. On this issue, we expect civil society organisations, in particular, to make the same demand as they did in the past. Bassirou Diomaye Faye, a candidate in the presidential election, was under no obligation to publish his assets or make any declaration in this regard. But as President of the Republic, he should feel obliged to do so. “He who can do more can do less!”
Tax evasion, you say? Show us your tax forms too!
It was easy to smile when Prime Minister Ousmane Sonko launched his hunt for « tax delinquents », targeting a number of media companies in particular. It is the duty of every citizen to pay their taxes, and it is fashionable to stigmatise those who fail to do so. This is the place to say that there is no need to harbour any complexes on this point. Taxation must be adapted to each sector of economic and social activity, and the media have always called for this. If other economic sectors can benefit from specific tax relief, derogating from the rules of general taxation, the media sector, which performs a public service and is going through a period of economic stagnation, should also be taken into consideration.
The regimes of presidents Abdou Diouf, Abdoulaye Wade and Macky Sall understood this, but were unwilling to take the step of implementing a softer tax policy for the media. Countries such as France, the United States and Canada have introduced tax systems that are better suited to this sector. Studies are available and proposals were made to the various governments. As part of the discussions on the draft new General Tax Code in 2011-2012, media owners advocated drawing inspiration from these models, but the government was afraid that other economic sectors would make the same demands.
The panacea was to regularly write off tax debts. The press bosses have always rejected this, calling for permanent or definitive measures. But what is most astonishing is that these accusations of tax evasion are being levelled by a political regime whose leading figures are not model tax payers. They are being challenged to produce their tax returns, and it will be easy to point to property transactions that were not declared to the tax authorities or that were undervalued in order to reduce the amount of tax payable! It is not clear whether all the income from the sale of land appears on tax returns, although the practice of direct transfers is fairly well-known and widespread. This involves registering a title deed, graciously assigned to one person or another, in the name of the purchaser without the identity of the original owner appearing in the transaction. Naturally, in this case, the amount of the transaction is concealed.
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Moreover, who was the head of the Tax and Estates employees’ Union when these workers were blocking the operation of public services to refuse to pay taxes on the common funds distributed to the agents of this administration? Ousmane Sonko, Bassirou Diomaye Faye and Waly Diouf Bodian, all former leaders of this union, will no doubt be able to answer this question. The government gave in to blackmail and ended up applying a special tax to them, modelled on that applied to MPs. Receiving a delegation from the Convention of Young Reporters of Senegal (Cjrs), President Bassirou Diomaye Faye reminded them that « paying tax is a matter of fairness and principle« . No one could disagree with this truth, not to say truism.
However, it is surprising to snub an employer and receive employees, while criticising their bosses. Mamadou Ibra Kane, President of the Council Editors and Media Owners of Senegal (Cdeps), has twice asked in vain for audiences with President Bassirou Diomaye Faye: first when he was just installed at the head of the country and a second time when press companies were ostracised or punished through tax measures. It would have been more appropriate to listen to the representatives of the press bosses before trying to throw them to the wolves. On 1 May 2024, a delegation including Maïmouna Ndour Faye (7Tv) and Abdou Ndiaye (2sTv) hand-delivered the press owners’ request for an audience to President Bassirou Diomaye Faye.
Listening to Bassirou Diomaye Faye speak, one realises how little he knows about the realities of the press sector. It remains to be seen whether the government will provide jobs for these hundreds of reporters when it has completed its demolition of media enterprises.
By Madiambal DIAGNE / mdiagne@lequotidien.sn
- Translation by Ndey T. SOSSEH