Anti-Corruption Commission Act, 1996
All offences under this Act are to be handled under the Criminal Procedure Code and Part I of the Penal Code.
- Jurisdiction
- Zambia
- Instrument
- Act or statute
- Citation
- Act 42 of 1996
- Version
- 12 Dec 1996
- Language
- en
- Official source
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agency annual audit anti-corruption appointments arrest and remand arrest and search arrest powers asset and liability transfer asset valuation bail bank accounts bidding and auctions board composition books of account bribery bribery-related recovery commission governance commission meetings committee governance complaints compliance confidentiality continuity of service contracts +76 more
Statute overview
About this statute
All offences under this Act are to be handled under the Criminal Procedure Code and Part I of the Penal Code. This section defines key terms used in the Act, including “appropriate authority,” “casual gift,” “Chairperson,” “Commission,” and “corrupt.” 4. Tuer mission which and a common name, and will such things as (2) The Fir. Section 5 concerns the extent of the Commission’s autonomy. This provision establishes the Anti-Corruption Commission as a body corporate.
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Provisions of Anti-Corruption Commission Act, 1996
Showing 84 of 84
- 2 Verify source ↗
Applicntion
All offences under this Act are to be handled under the Criminal Procedure Code and Part I of the Penal Code.
2. All offences under this Act shall be ·enqujred ·into: iiicd, and otherwise dealt with in accordance with the Criminal Procedure Code and Part I of the Penal Code.· ·· - - 3 Verify source ↗
Interpretation
This section defines key terms used in the Act, including “appropriate authority,” “casual gift,” “Chairperson,” “Commission,” and “corrupt.”
3. In this Act, unless the context otherwise requires-.. "age�t ,;ni'�;ins a trustee, an cxecut�r. an admin{�,�t�r. orany person no! employed by a public or private body'who acts fororon bchalr,orin the name,ofa public body or a private body or any other person; ·· " appointed date " means such· date as the President may appoint under section one; " appropriate authority "means any person or institution to whom a recommendation has been made; "casual girt" means any conventional_ hospitality on a modest scale or unsolicited gift of modest value orrcrcd to. a person in recognition or appreciation of that person's services, or as a gesture of goodwill towards that person �nd includes , • 908 No. 42 of 1996] · Anti-Corruption Com111/ssio11 '·- any inexpensive seasonal gift offered to staff or associates by public and private bodies or private individuals on festive or other-special occasions, which is not in any way connected with the pcrfonn ancc of a person's offlci al duty so as to constitute an offence under Part IV; " Chairperson " means the person appointed as Chairperson seven; under section " Commission " means the· Anti-Conuption Commission established under scctiorifour:· - " ;. , , i. · · : .. ., •· ·· ·• ,, ·'. '; :• :,·,•:'.. "Comni issioner" means a perso I•' n app6inicd as Cmi1111issio'ner 1_." . . under section'seven; · · ·. • l', ·,; 1· • I • . • ' • : •J· •• "t "corrupt" means the soliciting, accepting, obtairiing;giving, promising or ciffcri,ng, 'or agratificalionliy\vay'or ;f6ribc or other personal temptation of mducement, or U1c misuse or abuse o(a public oflicc for private advantagcto·r"b6hcfit, ,· and "cci°rruptly" shall be construed accordingly; ,,1,, . . , -;, \ .~_,, ·'·· .·., ·11•,, •• , • I :, � • • • _ " Deputy Director-General ''. means a person appoiritcd as eighteen; Deputy Director-General uiider section : · ' · " Director-General "means the person appointed under sec- --·-· lion sixteen;·.,; , '· • ' • . .,.,-., • r_ r·· ··-.·,;': .. -CJ IL, 1 1 7 .-. · '"� .:.· .._ --:-·•-· "fonncrCommission "n:iea1t� the Anti-Corruption Commis- sio_n �st_��IJshed �n��r the rcpcalcd_��i1_:, · · i , . "Govcninietit '! includes any mlhistiy,9cphrtmc'nt,'service or undertaking of the Government; · _;· . .- . ·. . "gmt_iociiticiri "means any conupt paynient,\vi.cthcr in cash ,. pr in. kigd, any rebate; bonus, deduction or'll'laterial. gain, benefit, amenity, facility, concession or favour of any description and any loan, fee, reward, advantage or gift, or any other thing obtained as a result of the com1pt misuse or abuse ofpµblic funds or property, other that) a.casual gift; " Investigation officer" means the person appointed under ninetr_en; section Act No. 14 of19SU·, •· . Act No. 22 ofl991 "local auU1ority "shall have the meaning assigned to it in-the .Local Government Act, 1991_; " parastatal " means any company;"·association, statutory corporation, body or board orany institution of]caming, in which lhe State has a financial interest; A "princi� and a 1 bencf thoug office "private a publ tion,.c " public depa11 board. appoil anyw "public holds body, penna paid,: " repcalc 0 Secrcu sectio1 0 staff" 1 seclio1 "scnioq the rar "Vice-C Chairr (I) - 4 Verify source ↗
The An1i-Com1ptioo Commission
4. Tuer mission which and a common name, and will such things as (2) The Fir.
4. Tuer mission which and a common name, and will such things as (2) The Fir. - 5 Verify source ↗
Extent of Commission's autonomy
Section 5 concerns the extent of the Commission’s autonomy.
5. The C01 be subject to tt __ ...,....__ ----\ ______ _,,,_,_ .. --- -- - ------- ---- :-----:·--·�··--··- · . ·: '.:.t .. :· : .- ·�.���;:ka::���-- : · Anti-Corruption Commission [No. 42 of 1996 909 / No. 14 Acr of 1980 The Anti• Corruption Commission No. Acl 0[ 1980 14 Extent of Comn1ision's autor.omy ry trust under a trust, ii were a person, and any person as "principal " includes an employer, beneficia estate as though and a beneficiary interested in the estate of a deceased person though the estate were a person; and, in relation 10 a public · . ', "private body " means any person'or'organisa'tion not being a public body, a voluntary organisation, charitable inslilu , officer; a public body; . , : ,.. · . . . � . · ' · . \ " · ' , 1 • • • , , •• -·'.·1 , • , ' • ? , , ' . tion,.company, partpership or·a club;· ·· , • _· . a " public body " means the Government, any Ministry or local authoriiy. parastatal department of the Government, boani, council, 'authori'ty, ' coinmissiorl or other body appointed by the Goverr.ment, or established by or under any written Jaw· . �. . . a " public officer " meart� any person who is a member of, or , holds o ffice in, or is employed in tlic_scrvice of, public bo<ly, whether such incmbcr.;hip, officc-or'crt1ploymcnt is . or' un pcnnancnt or temporary, whole or part-time; paid paid, and " public offi� :• shall be co11s1rued accordingly; ' • . � . •, .; : . ' . ' . 1980; ' ·. : . .:. · , . . . ., ., : ;, � ··· '.-i, ; : \ ' ( ' ·; . ' ' . ., •· ._ 1 � - ' ' - · 1 , , " repealed Act '.' means the 'corrupt Practices Act, .. . ,,. ,,, , .,-: " .. - " Secretary .'.' means the person appointed Secretary under : ·:· . . nineteen; , . •. . :,, .. · . ' , " • : .• section . • • , • . I •. . , • • • ' ' • . . section nineteen; .'' sta ff''. means the staff of the Commission·µppoinled under · · .. senior police o fficer .. means any police officer of or above the rank of Assistanl Supcrintenden,1; and · " Vice- Chat rpcrsm.1 " means the pcraon ·appointed as Vicc ChaiJJlcrson under section . ' 'seven. .,,� _.- . .: ·:· . . . . - .. .,, .-·· PARTII ', A!\'TI-CORRUPTIOS COMMISSIOS . · ,·_· ' - ° to Tllll (I) - 4 Verify source ↗
The An1i-Com1ptioo Commission
This provision establishes the Anti-Corruption Commission as a body corporate.
4. be There is hereby established mission which shall and a common seal, capable name, and with power, subject the pi:ovisions oflhis such things as a body corporate may, by law_ do or pcrfonn. the Anli-Cor";pihm Com a body corpornlc with pcrpclual succession suing and being sued in ils corporate do all Act, to or (2) The First Schedule shall apply the Commission. - 5 Verify source ↗
Extent of Commission's autonomy
The Commission must not be directed or controlled by any person or authority when performing its duties.
5. The Coriimissioi1 shail nor,'in the pc[fomiance ofils duties, be subject to lhc direclion or conirol of any person or alllhority. �. �.�<•L-=� -·�'·.•··tr-�\�1�;,' = _,._ . _ _ /. :·.:.:':2.L _,�/-1& · ,., 11 • , l/. . ' ' ·i ----�-�� . -�--•,.;_·�---�Jc.'2J';:;�··,:. 910 No. 4iof 1996] Antl-Corrupl/011 Commission So,! of Commission Composition of Commis sion Tenure of office and vacomcy Function,; of Commission - 6
The Commission controls its seal, the Secretary keeps it, and seal affixing must be authenticated by specified officeholders or an authorised person.
6. (1) The seal of the Commission shall be such device as may . be dctennincd hy the Commission and shall be kept by the Secretary. . (2) The affixing of the seal shall be authenticated by the Chair person or the Vice-Chairperson or any other person authorised in that behalf by a resolution of the Commission. (3) be Any document purponing to under the seal of. the Com mission or issued on behalf of the Commission shall be received in evidence and shall be deemed to be so executed or issued, as the case may be, without funher proof, unless the contrary is proved. . ' (I) . - 7
The Commission must consist of a Chairperson and four other persons; the Commissioners are appointed by the President and must be ratified by the National Assembly; the Chairperson must have held or be qualified to hold high judicial office.
7. ,• .· Commissioners: (a) The · Commission _shall . consist of the following . (b) the Omirpcrson and . ' ' - four olher persons . . The Commissioners referred to in paragraph ( .... ' , shall be appointed.by the President, subject to ratification by the National Assembly.' (3) and ( The Chairperson shall be a· person who has held or is a) c) (2) quali ficd to hold high judicia! office. - 8 Verify source ↗
9. Functions of Commission
The Commission’s functions are to prevent corruption, investigate complaints and public-officer conduct, advise bodies, and prosecute certain offences under DPP directions.
8. (1) A (I) of section Commissioner rcfcrtcd to in subsection 7 shall he appointed for a tenn not exceeding three years, subject to renewal : (2) ACommissic-ner may resign upon giving one month's notice in writing to the President. • (3) The office of a .Commissioner �hall become vacant- ( a) i f the Comm issioncr is absent without rcasonabic excuse from three consecutive meetings of the Commission of •· . which the Cmrim\ssioncr has had notice; - . if the Commissioner bccon1cs bankrupt; i f the Commissi�1ic;l>cc6ri{cs insane or is declared to be of .. . . . , , . . . I unsound mind: and ,; .. " . . ' upon the Commission�r's death . , , . . . The functions o f the Commission shall be to-- prevent and take necessary and effective measures for the prevention of corruption in pubt'ic and private bodies, including, in particular, measures for- (b) (c) (d) :I. (I) (a) (i) cr.amining the practices and procedu res of public and private bodies in order to facilitate thc'discovery of corrupt practices and secure the revision of methods of work or proce- (b) recei• cor Dir (c) (d) (2) invcsl opi· con do al atta The Cm discontinue an or allcgmion particulars ac( t1 investigation report. . �-�· .:. - -· ,.__._, .... ___ � - ·-· ·----�-- . ... ' ______ ,..�-�- .. \. . ·- ·- ---·-- . . � . ----� --·-·- -- . --., . Anti-Corruption Commis�ion [No. 42 of.1�96 911 �ures which, in the opinion of the Cqmmis sion·, may be prone or conducive to corrupt practices; (ii) advising public bodies and private bodies on ways_ and means of PJSV�nting -cqrrupt practices, and on changes m mell)ods of work or procedures of such public bodies. and private bodies compalible with the effeclive - pcrfcirmance of their duties; which the Com mission considers ·ncccssafY to reduce the likelihood of the occurrence of i:orrupl · practices; �vii practic�s' on diss�minatirig irifonnaiibn: ci1i"the: ' · : ····· , .,_. , ' ' '.:'. , . ! (iv) enlisting and fostering public siljlport'against - 'ccimipt practicesY:,.·.,. " ·,<i:, ,, . , ... · · ·.• · • , dangerous_ effects of cq�pt . · , •. ,. · · . ,_· . ·.-· ·• .:. . - . ' : . . : society; anci and . · , · · · · · , • , (iii) (b) receive and investigate complaints o_f alleged or suspected corrupt practices, and, subject _toJ,he_pirections of the . Director of Public Prosecutions, prosecute-: _, . . .> . .. , ) ;;• -:: , -: · · • -�-�': . (i) of.fe11cei; \Jndcr this Act; _and .; . . , ,' -· , . . (ii) ' • • . ., t, - ;_ '. : ' . . ; ,, -,; • • ' - , , - such other offence under'any other written law · as may · have come·, \Q _the nottc� .of the . • ,. .. Commission during the. investigation of an Act:· ···· offence under this ! ., • . ,'" • - ' ', • .• - � · :. · · •·'I ' . ' ' · · • • ,, - • . ,,. . ' • . . , . ,- · • · · � Provided lliai'nollii!\g)n: this patagr'aph ·· shall be considered as precluding any public · .-· prosecutor °from pro_sccuting: subject-to the directions of the Director of Public Prosecu tions, any offence under this Act which has 'come to U1e notice ofllic'policc'ihiring inves tigation of an offencc\mdcr any written 1:iw; '(c) investigate any comluct cif anf.publiC"OJficer which, in the opinion of the Commission, may"be·connected with or conducive to corrupt practices; and . ' · ' ·. · · (d) do all such things as are incidental or conducive to the attainment of the functions. (2) The Commission may refuse to conduct, or may decide to discontinue an investigation where it is satisfied that the complaint or allegation is malicions, trivial, frivolous, vexatious or the particulars accompanj'!DgJ[··are insuflicien� io _allow a · proper investigation to be conducted, and shall indicate accordingly in the re�� < . _:_,.� :�.� __ .:_ __ �----:------ --- --··· L ·- . - ·. . . �-�":91:t:% '.: -.. ·.' i���?¥-,��· t � ----- --·! ,, Jl.1i1..,.,�., 912 No. 42 or 19961 Anti-Corruption Commission Reports and recommen dation by Commission Proceedings of Commis sion (3) The Commission shall, in any case in which it decides not to conduct an investigation, or decides to discontinue an investigation inform the ,complainant in writing accordingly, and give reasons therefor. (4) The Commission may in any inquiry make such orders and give such directions as it may consider necessary for the purpose of conducting any investigation. - 10 Verify source ↗
Section 10
This section sets out how the Commission may make recommendations and how it must run meetings, including reports, quorum, voting, and special meetings.
10. The Commission maycfopending on the findings made, make such recommendation as it considers necessary to the appropriate authority. (I) The appropriate authority shall, within thirty days from the date of such recommendation make a report to the Commission, on . any aciion t:1ken by such authority. (1) Sub�et to the other provisions of this Act, the Commission may regulate its own procedure. The Commission shall meet forthe transaction of business at least once every three months a t such places and times as the Chairperson may determine. The Chairperson may at any time call a meeting of the Commission and shall call a special meeting to be held within fourteen days of receipt written request addressed to the Chairperson by at least two other Commissioners. . of a If the urgency of any pa�ij�lar matter docs not permit the giving of such notice as is required under subsection a special . meeting may be called by the Chairperson, upon giving a shorter no11ce. (5) (3), The Chairperson with two other Commissioners shall consti , tute a quorum at any meeting of the Commission. (2) 1 1. (2) (3) (4) (6) There shall preside at any meeting of the Commission ( a) the Chairperson; (b) in the absence of the Chairperson, the Vice-Chairperson; or (c) in the absence of both the 01airperson and the Vice Chairperson, such other Commissioner as the Commissioners present may elect ·for the purposes of that meeting. (7) A decision of the Commission on any question shall be by a majority of Lhe Commissioners present and voting a t the·m_eeting and in the event of an equality of votes, the person presiding at t�e meeting shall t deliberative vot (8) The Com in its opinion de tions orthe mee no vote. (9) The vali, Commission sh ship of the Com Commissioner , took part in the C (I) The - 12
The provided text is garbled and does not clearly state a rule.
12. (3) (2) (4) Junctions under necessary, and functions as it c Subject t, members of , Commissioners shall be a Comr A person s for such period Subject tc sion, a committ1 - 13
The source text is heavily garbled, but it appears to refer to some disclosure-related conduct and a possible offence.
13. ( I ) If any or any commilt, ation, and in wl r directly or indir shall as soon as decla re such int commitlce othe discussion of, o: (2) (3) A disclos recorded in the 1 Any pcrso shall be guilly,ol a line not cxccc - 14
The Commission may invite a person to attend and take part in its meeting deliberations if it thinks the person’s presence is desirable, but that person has no vote.
14. (I) A per. by, or on behal: person othe1wis contents of any , 11 relates to, and course of such f -' ___ ..... -.--�_-_,-_-_ ----;--;'.�,:. __ .;_J�ii_;_�_t_._i_1_i_l - . . - . ·�;;-��1�i.:�-._'i"i..,.:�=-,.....---�--'-'"-�-��-==-"-"----�--c- I . -�· tf:. � .!;. itt ;��; �-· � ;-,., �� � ... ( r_;, � ¥: �J! ll•. ,, ,�· :\ \ ;f�' I;:' f.t ,r;- ::/. f:-" ; • A/1.li-Corruption Commission [No. 42 or 1996. 913 meeting shall have a casting vote, in addition to such person's deliberative vote. (8) The Commission may invite any person, whose presence is in its opinion desirable, to attend and to participate in the delibera tions of the meeting or the Commission, but such person shall have no vote. (9) The validity cir any proceedings, acts or decisions of the Com1ilission sJ1all npt be affcc.tcd.by any vacancy in th� member ship of the Commission orby any defect-in the appointmerii of any Commissioner or by reason that any person nofent.itled to do so, took part in tlic proceedings. - 12
The Commission may create committees, delegate functions to them, appoint their members, and set how long members serve. Committees may regulate their own procedure, but only subject to Commission directions.
12. (I) The Commission may, for the purpose of perfonning its Junctions under this Act, establish such committees as it considers necessary, and delegate to any of those committees ·such of its functions as it considers fit. ,,, Committees (2) Subject to subsection (1), the Commission may appoint·as· members of a committee, persons who arc, - - or are · not, Commissioners, except J!Jat at least one member of a ·committee shall be a Commissioner. . , (3) A person serving as a memberofa committee shall hold office /. ' for such period as the Commissio·n may detennine. (4) Suhjcct to any"st,ccilic or general direction of the Commis sion, a cmnmiLtec may regulate i_ts own procedure. - 13
A person with a direct or indirect private interest in a matter at a Commission or committee meeting must disclose that interest and must not join the discussion or vote unless the Commission or committee allows it.
13. (I) If any person is present at a meeting ofthc ·commission Disclosure of interest or any committee at which any matter is Lhe subject of consider- ation, and in which matter-that person or that person's spouse is direclly or indirectly interested in a private ·capacity, that perso.n shall as soon as practicable aftcrthe·commencement ofthemeeting, declare such interest and shall not, unless the Commission or the committee otherwise directs, take part in any consideration or discussion of, or vote on,,any question touching such mat!er. (2) A disclosure of interest made under subsection (I) shall be recorded in _the J!linutes of the meeting at which it is made. (3) Any person who contravenes the provisions of subsection (I) shall be guilty.of an offence and shall be liable, upon conviction, to a fine not exceeding five thousand penalty units. - 14
People must not disclose Commission-related information obtained through their duties unless the Commission gives written consent, and commissioners are protected from civil or criminal proceedings for acts done in their official functions.
14. (I) A person shall not, without the consent in writing given by, or on behalf of, the Commission, publish or disclose to any person otherwise than in the course of such person's duties, the contents of any documents, communication, or infonnation which relates to, and which has come to such person's knowledge in the course of such person's duties under this ;\ct. Prohibition of disclosure of informa tion to · unauthorised persons " ·. ,, . ,.-,.�'::�?-:1·:i,7$J.}, / }1,;-,, __ __ . 2t�:.:r}J'.�� '-'---"'i;,"";:� ... -·---�--· -' . . " ;; ·:·;;, .,_;;� .. . . ·t .. f�,.;::"'s'"\"';1:� i(\ ·; �C.· ---��=-=-'--� a 1 914 No. 1996) 42 of Anli�Corruption Commission (2) Any person who contravenes the provisions of subsection (!) shall be guilty of an offence and shall be liable, upon conviction, to a fine not exceeding ten thousand penalty units or to imprisonment, for a tenn not exceeding three ·years. or to botli. I (3) If any person having information which to such person's knowledge has been published or disclosed in contravention of subsection (I), unlawfully publishes or communicates any such infonnation to any other person, such person shall be guilty of an offence and ·shall be liable up�f! conviction, to a fine not exceeding ten thousand penal ty units orto imprisonment for a tenn not exceed ing three years. or to both. No proceedings, civil, or criminal, shall lie against any Commissionerofthe �ommission, for anything done in the exercise of such person's flJnCtions under this Act. - 15 Verify source ↗
Committees
A Commissioner generally cannot be required to give evidence about information learned while carrying out functions under the Act.
15. (1) (2) Subject to the provisions of this Act, a Commissionc.rn!:IJIE not be called to give evidence before any court or tribunal in respect of anything coming to such pe rson's knowledge in the exercise of such person's functions under this Act. (3) For the a"'.oidance of any doubts, nothing in this section sh.all protect any Commissioner, for anything done outside the functions of the person's office: PART III Tim DIRECTORATE OF Tllll COMMISSION '
Part
PART III
- 16 Verify source ↗
17. Tenure of office of Director-General
The President appoints the Director-General, subject to ratification by the National Assembly. The Director-General manages the Commission, attends its meetings, may speak at them, and has no vote.
16. (I) There shall be a Director- General who shall be appointed . ' by the President subject to ratification by the National Assembly. . . . Immunity of Commis sioners Di.rcctur Gcncral (2) The Director-General shall bc- responsible· for the management and administration o f the (a) (h) (c) Commission; a full-lime officer: and responsible for the implementation of any matte rs referred to such Di rector-General by the Commission: (3) The Director General shall attend meetings of the Co�mis� sion and may address-such meetings, but shall have no vote. (4) A person shall not be qualified to be appointed Directors. General unless the person is quali fled to be appointed judge of the High Court. A, (S) The Din Director-Gene mcnt in the Re (6) Thc Din direction oflh< (a) (b) the Co the c off '(c) Lhe d (d) suet CXl of - 17 Verify source ↗
Tenure of office of Director-General
The Director-General may make standing orders for the Commission, but must not hold another paid office in the Republic while serving as Director-General.
17. (I) S_ut General shall years; Provided t attained that f necessary to were comme1 (2) A pcrs< office for ina arising from i for misbcha, accordance , pursuant to 1 question oft! '- (3) If the votes of not I · Assembly, n General oug Assembly sh who shall apJ persons to in (4) The C \I be persons (5) "The t on the facts t• Assembly". f) [No. 4'2 or 1996 (5) The Direcior-Gener�I ·shall not, while h� hold·s.the offi�e of Director-General, discharge the duties ofany othciroffice of emolu ment in the Republic. Anti-Corruption Commission··· 915 (6) The Direct.or-General may, subject to any spccifieor general direction of the Commission, make standing o_rders providing for- (aJ the control, direction and administrtitfon of the Commission; ' . . . . . - . ·. . ' (b) I.he discipline, training, classilicatioil and promotion of . officers of the Commission; '(c) the duties of officers of the Commission; or • I • • ' ' (d) such other matters as he may consider necessary or · . ' expedient for preventing the abuse ofpo,vcr or neglect of d�ty by officers or other staff. . . . ,• ' . . . - ' ,· . ' .. . .. . . . _, - 17 Verify source ↗
Tenure of office of Director-General
A Director-General must leave office at age 65, but the Commission may allow limited continuation for pending proceedings; removal and suspension can follow a tribunal-based process.
17. (1) S_ubjcct io subsection (2), a person appointed Director General shall vacate I.hat office on attaining the age of sixty-five years; •. • • f • • • . • . Tenure of office of Director General - -- Provided that the Commission may permit a person who has aitaincd that age to continue in office for such period as may be · necessary to enable him do anything in relation to proceedings that were commenced before he attained that age.- . ' - -- (2) A person-appointed Director-General may be removed from office for inability to perform the function of his office, whether· arising from infirmity or body or'mind or from.ariy other cause,·or fo r misbehaviour, and shall not be so removed except by or in accordance· with a resolution passed 'iiy the National Assembly pursuam to ,subsection. (2) calling for an investigation °into the . question o f the rem�val 'of the Director-Genera!'. . ' • ' . . . . . ,, " . . ' ' ' . . '\.' (3) If the N�llonal Ass�n,bly, by reso_lution supported by the votes ofnot lcss than two-thirds of all the members of the National . th� qucsiio11 of removing the .Dircctor Assembly, resolves 'thrtt . Gencral ought to be investigated,. the Speaker of the National Assembly shall send a copy" of such resolution 16 the Chief Justice who �hall appoint a tribunal consisting of a chairman and two other persons to inquire into the mailer. (4) The Chairperson and one other member of the tribunal shall be persons who halt! or have held high jutlicial office. (5) "The tribunal shall inquire ioto the matter and send a report on the facL� tofthat matter to the President and a copy to the Natiooal Assembly". • �._._._ ,__, _____ - --- 916 No. 42 or 1996] Anti-Corruption Commission Appointment of Deputy Director General (6) Where a tribunal appointed under subsection (2) advises the President that the Di rector-General ought to be removed from office for inability as aforesaid or for misbehaviour, the President shall remove the Director-General from office. (7) I f the question of removing the Director-General from office has been referred to a tribunal under subsection (2), the President may suspend him from performing the functions of his office, and 1 any such suspension may at any time be revoked by the President and shall in any case cease to.have effect if the tribunal advises the President th:it the Director-General ought to be removed from ' office. - 18 Verify source ↗
( 1 ) The Commission may appoint a Deputy Director
The Commission may appoint a Deputy Director-General, and the Commission must appoint someone to act as Director-General if both top officers are unavailable.
18. ( 1 ) The Commission may appoint a Deputy Director General on such terms and conditions as it thinks lit: Provided that no person shall qualify for appointment as a Deputy Director-General unless he is qualilicd to be appointed a Judge of the High Court. (2) If the oflicc of the Director-General is vacant or the Director General is .absent from duty or unable for any other reason to perform the functions of his office, the Deputy Director-General shall, serve where the Commission otherwise directs. act as Di rector-General. (3) If both the Director-General and the Deputy Director General are absent from duty or unable for any other reason to perform the functions oftheir oflice, the Commission shall appoint another per.:;on to act as Director-General. Investigating offiet:rs. sccrciary and other staff of Commission - 19 Verify source ↗
Investigation officers, Secretary and other staff of
The Commission may appoint officers and advisors, the Director-General may terminate an officer’s appointment in the Commission’s best interest, and certain staff must take an oath or affirmation on appointment.
19. ( 1 ) The Commission may appoint investigating officers, the Secretary and such other officers of the Commission on such terms and conditions as the Commission may consider necessary to assist the Director-General in the performance of his functions under this Act. .} (2)The Director-General may, ifhe is satisfied thnt it is i n the best interest of the Commission, terminate the appointment of any officer of the Commission and shall assign the reasons therefor, subject to any directions by the Commission. (3) The Commission may engage the services of such advisors and experts as it thinks necessary. (4) The Secretary, advisors, experts and other members of staff shall on appointment, take an oath or affinnation as set out in Lhe Second Schedule. I - 20 Verify source ↗
Powers of Director-General
This section is about the Director-General’s powers.
20. ( 1 ) Fe under this Ac ( a) autl cc pc (b) reqt c� SC b< s1 c, p C it ti Prov id u (2) In the General. the judge or a n shall immec (3) A war Gener.it. lhc , (aj ac (b) ac (4) In LI paragraph Dircctor-G rcasonnblc stances, an as ltc' cons premises, < case may t . · . .\/� .. \ ;��q�li,·;,.;:-,. _--"-_�c-...cc... A/Iii-Corruption Commission {No. 42 of 1996 917 \ ' · , .j Powers of Director- General ; "' ,. Cap. I to - 20 Verify source ↗
Powers of Director-General
The Director-General and certain Commission officers may investigate suspected offences, require documents, and seek a warrant for access and search powers.
20. (I) For tl)e. pcrfonnance_ of the C<;>mmission's fun.ctions under this Act, the Dircctrir-Gcncral.may..:_ . ' (a) (b) authorise in writing any officer of the Commissiori to conduct an inquiry or investigation into alleged or sus- pected offences under this Act; ' . · · . require any person in charge of any department, office or establishment of lhc Government, cir lhe head, chai rpcr son, manager or chief executive •officer of any ·public body, to produce or furnish within such time as may be specified by the Director-General, any document or a certified true copy' of any document which is in his possession or under his control and which.the Director General considers necessary for the conduct of investigation into alleged or suspcct�d offences under this Act: · . , ' ,, · : . ( ' ' . Provided that the· document is not classified or does not fall under the State Security Act. ' · (2) In the pcrforrirnncc of his duties under this Act, the Director Gcncra{thc Dcpu{y Director-General or an officer, may appiy tci a judge or a magistrate for a warrant and the judge o� the magistrate shall immediately make a decifion. (3) A warrant is.�ucd Undersubscclion (2) shall confcron the Diroctor . Gencral, tljc Deputy Director-General or an officer powers of- , . . ,, . ·- ( a)-access to all books, records, returns, i rts and other .· ·documents relating to the work of any _Government . .. -;--:· po department, public body or private body; (b) acces_s at any time to the premises of any Government dcp��mci:it, pubiic body or priviJte body,' o·r· to any vessel, boat, alrcran or other vehicle whatsoever, and rriay search such premises or such vessel, boat, aircraft or other vehicle if he has reason to suspcci that any property corruptly acquired has been placed, deposited or concealed therein. (b) (4) In the exercise of his ·power to access and search under ·. paragraph of subsection (2), lhc Director-General, the Deputy Director-General or otherofficcrofthc Commission, may use such reasonable force as is ne.cessary and justifiable. in the circum stances, and may be a�companicd or assisted by' such olherpersm:is as mt considers necessary to assist him to enter into or'upon any premises, or upon any vessel, boat, aircraft or other vehicle, as the case may be. • 918 No. 42 of 1996] Anti-Corruption Commission (5) Any person who accompanies or a�sists the Director-General, the Deputy Director;Gcncral or ·other officer of the Commission to enter into or upon any premise.�. orupon ariyvcsscl, boat, ·aircraft or otl1er vehicle, a� the case may he, shall, duting the pctiod of such accompaniment or assistance, enjoy Uic same immunity as is conferred under section twenty-six upon the Director-Gci:icrnl, the Dcpu_ty Director-General or other officer of the Commission. . . ' Special Pow�r.s of_ mvcst1gatmn Powers of . Comri1ission's offil-t!rs to arrest Cap. 160 Identity card Restriction on disposal of propcnr, etc. - 21 Verify source ↗
Special powers of investigation
The Director-General or an officer of the Commission may investigate certain bank accounts and safe deposit boxes only after obtaining a court order.
21. (1) 111e, I:lirector-Gcneral or any officer of the Commission shall, anerohtaining a court order, have powers to investigate any bank account,_sharc ac(;'ount, purchase account, expense.account or any other account, ot any safe deposit box in any bank. .. . \ . (2) An order made under section (!)shall bcsuflicicni authotity for the disclosure ·or production by any person of all or any info1mation, . account�. documcnts'orarticlcs a� may be required by thc•officerofthe Commission so tiiJU,otiscd. : __ , · · · · ' . . .. - 22 Verify source ↗
Powers of Commission's officers to arrest
Certain Commission officers may arrest a person without a warrant if they reasonably suspect an offence under the Act. After such an arrest, the person may be admitted to bail or released on recognisance before appearing in court. The Director-General may also issue identity cards to Commission officers.
22. (I) The Director-General, the Deputy Director-General or any officer o f ti1c Commission authotiscd in that behalf by the Director General may arrest a person without wai-mnt ifhe reasonably suspects that such person has cpmmit_ted or is about to.commit an_ offence under this Ac�. · -� t" · (2) Where a· person has been arres1ed 'without warrant. under subsection (I) such person may, at any time before appealing in court, .whil_c he is _i!1 ClJ�lody be admiucd to_ bail upon prpviding surety or sureties suflicjcnt __ ip_ the opinion o_f the Director-General, Deputy Director-General oi-anofliccrnuthotise<! in th�t behalf by the Director Gcncraf, to secure his appearance before coiirt or such pcrsqn may be released upon hjs own recognisancc·on sucli_conditions as the officer thinks fit " · · ' accordance \Vith the provisions of the. C1iminal Proce�urc Code. (3) A bail. bond issued· tinder· ihis section shall be ctdait with in . . . 111e Director-General may issue to an officer of the Commission an identity card which shall be primafacie evidence of U1c omcer's appoinrmcnt as such. ' - 24 Verify source ↗
Restriction and disposal of propr rty, etc
The Director-General may give written notice stopping a person under investigation or prosecution under this Act from disposing of or otherwise dealing with specified property unless the Director-General consents.
24. (1) The Director-General may. by \Vriucn notice io a person who is U1e subject of an investigation in respect of an offence alleged or suspected to have been commiucd under U1is Act, or against whom a prosecution for such offence has been instituted, di11:ct U1at such person. shall not dispose of or otherwise deal with any property specified in such notice without the consent of the Dircctor-Gencra.C ;--�---:---r.:- . ' � - --!" ...... · - --·- An (2) A notic1 delivering i t � o r may, whet person canno· on or brought manner as th< (3) A notic from the tim, period of twe General, whi• (4) Any pc knowledge of of or othcrw notice other Director-Gen upon convict ten years or units or to b< · (5) Any p, notice issued the High Cou (6) An ap1 Di rector-Ger hearing of th order. (7) On the the High Co, (a) �onl , (b) revc or no thi ( c) vnrJ - 25 Verify source ↗
Prohibition of disclosure of information by staff
A person who has been served with, or knows about, a notice under subsection (1) must not deal with the property named in the notice unless the Director-General consents.
25. Sect cations to th .,.,.1,-� ' .. � /;Jl� f{ i'. ;.; §; i;�:-��1(:,,,·,,.;.· -"""'-;__�.,;...--'c,,,,..��;__�--'---��--:·�--'-o�:......c--f __ ,,...,_.,_ -'"""""-�---=- -"'- ... ·-=-�-""--�-e-, ..,. -=�-:i.'.-.. : il;: Anti-Corruption Commission [No. 42 ·or 1996 919 (2) A notice. issued under subsection (1) may be served by delivering ii personally to the person to whom it is addressed or may, where the Pirector-General is satisfied tha t such person cannot be found, or is not in the Republic, be served on or brought to the knowledge o f, such.person i n such other manner as the Director-General may direct. l ' (3) A notice issued under subsection (1) shall have effect from the time of service and shall continue in force for a · period of twelve months o r until cancelled b y the Director Gcneral, whichever is earlier. . . , . (1), (4) Any person who, having been served with, or having knowledge of a notice issued under subsection dispo ses o f or otherwise ·deals with any· property specified i n the notice other than in accordance · with the.· consent of the Director-General shall be guilty·or an offence; and liable, upon conyiction,,to imprisoament for a term not exceeding ten years or to .a fi_ne not . exceeding ten thousa_nd penalty units or to ·both. · · ' · , .• . , , (5) Anf person· aggrieved tiy" a directive contai ned i n a . notice issued "ti"n der subsection ( I) may, ai' a�y time, apply"to tor the High Court an order to reverse or vary s·ucii directive. (6) An application 'under su ti�ection (5) shall give the Dircctor'.Gcnc ral such notice of the day_appointed for the hcari1ig of the application as a 'Judge of t� High Court may order. ·· ·- (7) On lhe hearing of an applici1tion under subsection (5) , to the High Coui-.t inay·- . . . . ( a) confirm the directive; (b) ' . . · reverse the directive and consent to the disposal of or other dealing wi th any property speci fied in the notice, subject to such terms and conditions as it thinks fit; or (c) - 25 Verify source ↗
Prohibition of disclosure of information by staff
Staff must not disclose or publish information to unauthorised persons.
25. vary the directive as it thinks fit. Scctionfourteen cations to the staff of the Commission. · shall apply with necessary modifi- ·- --- ·· , Prohibition of disclosure or publica tion of information IO unauthorised persons by staff 920 No. 42 or 1996] Anti-Corruption Commission Immunity of Dircclor Gcncral. Deputy Director General and other staff Obstructing officers of Commission and false reports 10 Commission Imperson ation and procurement of Commis.i;ion's officers - 26 Verify source ↗
Immunity ofDirector-Genernl. DepuJy t?h-.,.:aor-Geneml and
Section 15 applies, with necessary modifications, to the Director-General, Deputy Director-General, and other staff of the Commission.
26. Scclionfifteen shall apply with IJCCessary modifications to the Director-General, Deputy Director-General and other staff of the Commission. (b) (c) ( d) (e) (aJ (b) - 27 Verify source ↗
Obstructing officers
Any person who falsely reports, misleads, obstructs, resists, hinders, delays, assaults, interrupts, insults officers, or disobeys an order under the Act commits an offence.
27. Any person who- ( a) Cll" gives causes to be made false testimony or a false report in any material particular to any matter under investigation; makes or causes to be made to the Commission a false report of the Commission of any offence under this Act; misleads the Director-General, the Deputy Director• 1 General or other oflicers of the Commission by giving . any false information, statement or accusation; insults, interrupts, assaults or otherwise obstructs, resists, hinders or delays the Director-General, any Com mis• sioner or any member of staff in the performance of such person's functions under this Act or in effecting 'entry into any premises, boat, aircraft or vehicle; or disobeys any order made under this Act; shall be guilty of an offence and shall be liable, upon conviction, to a fine not exceeding ten thous.and penalty units, or to imprison ment for a icnn not excecding'ten Y.�ars or to both. Any person who pretends that- - . . . - 28
A person described in the section commits an offence and, on conviction, may be imprisoned for up to 7 years, fined up to 7,000 penalty units, or both.
28. he is an of ficer.of the Commission or has any of the powers of such officer under U1is Act, or under any authorisation or warrant issued under this Act; or he is able to procure an officer of the Commission to do or refrain from doing anything in connection with the duties of such officer; \ shall be guilty of an offence and shall be liable, upon conviction, to imprisonment for a term not exceeding seven years, or to-a.fine not exceeding seven thousanp penalty units or to both. PART IV Or-AlNCf!S, PENA!.TIGS ANO RECOVERY OF GRATll'IC1ATION \ Corrupt practices by or with public officers
Part
PART IV
- 29
A public officer must not corruptly seek or accept an inducement in connection with an act or transaction.
29. (I) Any public officer who, by himself, or by or in con• junction wiU1 any other person, co r ruptly solicits, accepts or obtains, orngrces to accept or attempts to receive or obtain, from any person fc an induccme1 done or fort transaction, ; may be cone, (2) Any pc other person, any public of ofanyother r forbea ring to actual or p re concerned, sl - 30
The text is too fragmented to reliably extract a specific rule.
30. (I) A matler or tran tion, powers obtain_s, or a. himself or fo1 matter or trar (2) Any pc action falling jurisdiction, J himself, or b: gives, promi: indirectly, to person, shall - 31
A person must not corruptly give, promise, or offer a gratification to a public officer as an inducement or reward for action or inaction linked to a matter involving a public body.
31. (I) A: with any oth agrees to acce himscl f or for or reward for forborne to d actual or pro concerned, s� (2) Anypc1 other person , , any person, " person, as an or for having matter or tran body is or ma Anti-Corruption Cofn!nlssion [No. 4� of 1996 921 . any pe;,on for himself or for ariy 0th er person, any gratification as an inducement or reward for doing or forbearing 10 do, or for having done or fo'rborne to ·do, anything in relation 10 any matter or transacllon, actual or proposed, with which any public body is or may be concerned, shall be guilty of an offence;_ (2) Any person who by hlniseli', orby or in conjunction with any oth,crpe'i_-son, corruptly gives, promises oroffed any gratification to any public officer, whether for the benefit of that public officer or of any other public officer; as an inducement or reward for doing or- forbearing to do. anything in relation to any matter or transaction, be actu'al br· proposed, with which imy_ public body is or may concerned, shall be guilty of an offence, , - 30
Public officers must not corruptly ask for, accept, or try to get gratification linked to matters within their duties, and any person must not corruptly give, promise, or offer gratification to such an officer.
30. (1), Any' pu blic o'mi;er, v,:hb.', �i�� �o���-�ed : with ariy malterortrimsaction falling within, orcorinectcd with, his jurisdic tion, powers, duties or functions,,corru·puy solicits, accepts · or obtain_s; or agrees to accept or attempts to· receive or obtain for himself or for any either pers·on any gratification in relation to such ·matter or transaction • shall be guilty of ari offence; . . ,, f -� _. ; • • • : , ,< , . ' . • ' • . • •, • . ' : ., ,. ' . ; ' • - ,. or connee/ed with the, (2) Any person who, being concerned wit!l any matter or traps-, 0 action falling within the scope of auU1ority any jurisdiction, powers, duties or functions of any "public officer, by himself, ·or oyor in conjunction with oth�r person, corruptly gives; promises or offers any gratificatiOri, whether •'directly ·or indirectly, to such �ublic officer cithei for-hijns�[or for any either person, shall be guilty of an offcrice . . , :. -.. . , , .. -;-. , .. - 31
A person must not corruptly solicit, accept, give, promise, or offer gratification, inducement, or reward in relation to transactions or matters involving a private body.
31. (1) Any person who, by himself, or by or in conjunction with any other person·, corruptly solicits,'< accepts or obtains,' or agrees to accept or attempts tci receive or obiain, from any petsori for himself or for any other person, any gratification ai1iiiducemcnt or reward for doing or forbearing to do, or for and having done or forborne to do, :iriy thing in relation to an/matter or transaction actual or proposed, with which any private body is or may be concerned, shall be guilty of an offence. as (2) Any person ,vl10, by himself, orby or in conju11ction with any other person; corruptly gives, promises oroffers any gratification to any person, whether for the benefit of that person or of any other person, as an iriducement or reward for doing ' or forbeanng to do, or' for having done or forborne to do, anything in relation to any matter or transaction, actual or proposed, with which ?'1Y private_ body is or may be concerned, shall be guilty of an offence. Corrupt use of official · powers and procuring corrupt use of official I powers Corrupt transactions by or with . private . bodies i : 0 f r . , 7 ' f ,, � � ) e ,, e . i . ' . , l ·! :� t , ,r n - 922 No. 42 of 1996] A11ti-Corrup1io11 Commissio11 Corrupt tran.c;acLions by or wilh agents - 32
This section makes it an offence for an agent to corruptly take or seek gratification, for any person to corruptly offer it to an agent, and for a person or agent to use false or misleading documents to deceive the principal.
32. (I) Any agent who corruptly solicits, accepts or obtains, or agrees to acceptor attempts to receive or obtain, from any person for himself or for any other person, any gratification as an inducement or reward for doing or forbearing to do, or for having done or ,forborne to do, anything in relation to his principal 's affairs or business, or for showing or having shown favourordisfavourto any person in relation to his principal 's affairs or business, shall be guilty of an offence. (2) Any person who corruptly gives, promises or offers any grati Ii cation to any agent as an inducement or reward for doing or forbca1ing to do, or for having done or forbo111e to do, anything in relation to his principal's affairs or business, or for showing or having shown favour or disfavour to any person in relation to his principal 's affairs or business, shall be guilty of an offence. (3) Any person who gives to an agent, or any agent who, with intent to deceive his principal, uses. any receipt, account or other document in respect of which the principal is interested or which relates to his principal 's affairs or business and which contains any statement which is false or erroneous or defective in any material particular, and which to his knowledge or belief is inte_nded to mislead the principal, shall be guilty of an offence. (4) For the purposes of subsections (1) and (2), the permission of a principal to the soliciting, accepting orobtaining of any gratifica tion by his agent shall constitute a valid defence. Corruption of n1cmhcrs of public b<.1dics in regard to mcclings, etc. - 33
A member of a public body must not corruptly seek, accept, or try to obtain a gratification for voting, official acts, or helping secure votes, contracts, or advantages.
33. (I) Any person who being a member of any public body by himself, or by or in conjunction With any. other person, corruptly solicits, accepts or obtains, or agrees to accept or attempts to recci ve or obtain, from_ any person for himself or for any other person, any gratilication as an inducement or reward for- (a) his votingorabstaining from voting atanymeeting of such public body in favour of or against any measure, matter, resolution or question submitted to :mch public body; or (b) his performing or abstaining from performing, or for his aid in procuring, expediting, delaying', hindering or preventing the perfonnarice of, any oflicial act by such public body; or (c) his aid in procuring or preventing the passing of any vote or U1e granting of any contractor advantage in favour of any person; shall be guilty of an offence. Am (2) Any persc other person, co a member of at referred to in st - 34
This provision appears to prohibit a person from corruptly accepting or obtaining a gratification in return for giving assistance or using influence.
34. (1) Any , or by or in co11 accept� or obti obtain, from ar grati lication as of his giving 1 assistance or u: (a) lhe pr (b) the i: sti1 or shall be guilt) (2) Any p, gratification t otherwise on using inliuenc (i) the i: (ii) the sti any such con shall be guilt - 35
Any person who corruptly gives, promises, or offers gratification to a member of a public body in the stated circumstances commits an offence.
35. (!) A or in conjunc or obtains, rn -- .... -- . - ,- ---.. -:� '--····--- - .. . . " ___ _ ' ��I -- , -!., ;, �:����•cC· ·•:.,· ...S..-'=-"--'--"'--��- -•-,.L...<.---....,�---�----�--�-- . ., . Anti-Corruption Commission [No. 42 of 1996 923 / (2) Any person who, by him self or by or in conjunction with any}�- other person, corruptly gives, promisesor offers any gratification to · '' a member of any public body in any such circumstances as arc referred to in subsection shall be guilty of an offence: - ' . (1), . - 34
Public officers and any person must not corruptly exchange gratification in connection with certain contracts or sub-contracts.
34. (I) Any public officerwho dircctlyor indirectlyby himself, or by or in conjunction with any otl1cr person, corruptly solicits, accept or attempts to receive or accepL� or obtains, or agrees obtain, from any person for himself or for any other person, any grati fication as an inducement or reward ror·or otherwise on account of his giving assistance or using influence in, or having given assistance or used in fluence in.:::.. · · to · · · · (a) the promotion, executio_n or procurement of.- (i) any contract with a public body or private body .. . for the performance of any work, the provi sions of any service, the doing of anything or the. supplying of any article, material or substance; or (ii) any sub-contract to pcrfonn any work, provide · · any service, do anything or supply any article, material or substance required to be perfonned, provided, doiieor supplied under any contract with a pub lic body or private body; or · tlJC payment of the price, consideration or other moneys stipulafed or otherwise provided for in any suchc.ontract or sub-contract as aforesaid; (b) shall be guilty of an o�fcnce. (2) Any person who corruptly gives, promises or offers any gratification to any public officer as an in1'Ucemcnt or z-eward for or otherwise on account of such public o fficer giving assistance or IJSing influence in, or having given assistanceor uscd influence in-- (i) the promotion, execution or procurement of; or (ii) the payment of the price, consideration or other moneys stipulated or otherwise provided for in; any such contract or sub-contr.ict as is referred to in subsection (I), shall be guilty of an offence. - 35
A person commits an offence if they corruptly deal in gratification connected to tender withdrawal, failing to tender, or related tender bribery conduct.
35. (I) Any person who directly or indirectly by himself, or by or in conjunction with any other person , corruptly solicits, accepts or obtains, or agrees accept or attempts to receive or obtain frc to Gratification fur giving assistance, etc., in regard tc> contracts , Gratification for procuring wilhdrnwal of tenders " "•·•· 924 No. 42 of 1996] Anti-Corruption Commission I �· ' ·•·--�•,.,.·•�-�-.:-_�� Gratification in regard to bidding at auction sales Possession of unex plained property I I I ! .�- , ·I ._, Ii any person forhimselfor for any otherperso.n, any gratification as an inducement or reward for or otherwise on account o f the withdrawal of a tender, o r the refraining from the making o f a tender, for any contract with a public body o r private body for the performance of any work, the provision o f any service, the doing o f anything or the supplying o f any article, material o r substance, shall be guilty o f an offence. (2) Any person who corruptly gives, promises o r o ffers any grali Ii cation to any other person as an inducement or reward for o r otherwise on account of the withdrawal ofa tender, o r the refraining from making of a tender, for such a contract as is referred to in subsection (!), shall be guilty o f an offence. - 36
A person commits an offence if they corruptly seek, accept, give, promise, or offer gratification linked to someone refraining from bidding at an auction.
36. (1) (2) Any person who directly orindirectlyby himself, orby or in conjunction with any other person, corruptly solicits, accepts or obtains, or agrees to accept o r attempts to receive or obtain, from any person for himself or for any other person, any gratification as an inducement or reward for o r otherwise on account o f his refraining or having refrained from bidding at any sale by auction conducted by or on behalfof any public body o r private body, shall be guilty of an offence. Any person who corruptly gives, promises o r o ffers any gratification to any other person as an inducement or reward for o r otherwise o n account of that other person's refraining or having refrained from bidding at any auction as is referred to in subsection (1), shall be guilty of an offence. - 37
Certain Commission officials may investigate a public officer if there are reasonable grounds to suspect abuse of office, unexplained wealth, or corruptly received benefits.
37. (I) The Director-General, the Deputy Director-General o r any o fficer o f the Commission authorised i n writing by the Director-General rr.ay investigate any public officer where there are reasonable grounds to believe that such public o fficer- (a) (b) (c) (d) has abused or misused his office, position o r authority to obtain property, wealth, advantage o r profit directly or indirectly for himself o r any other person; maintains a standard of living above that which is com mensurate with his present or past o fficial emoluments; is in control or possession o f pecuniary resources o r to his present o r past official property disproportionate emoluments; or be is in receipt of the benefit of any se_rvices which he may suspected of having received corruptly or reasonably in circumstances which amount to an o ffence under this Act. r (2) Any under subse {a) ha� tc 0 (b) mai (c) (d} be pi er be i re OJ th shall, unless having, o r h; pecuniary re: been corruptl the case may -tion to the co: of living or he OJ his control came to enjoJ (3) Where under subscc relationship t the re is reaso resources o r · accused, orae or loan witho pee uni ary res, tory explanati been under th (4) In this gratuity or otl (1) - 38
A public officer who, after investigation, cannot reasonably explain suspicious wealth, living standards, or benefits may be charged with an offence.
38. I f, o f this Pa11, it i believing or su �. . ' ' 1' - .* • : � ' : : , ! f l , Anti-Corruption Commission [No. 42 of 1996 . 925 (2) Any public officer who, after due investigation carried out (1), under subsectio� is found to- (b) {a) have misused or abused his office, posit.ion, or author ity . to obtain advantage, wealth, propeny or profit directly 99hdirectly; . ,/' ; mainta!n a standard of living above which is commensu rate with his present or past official emoluments; (c) be in control or po5session of pecuniary resources or propeny disproportionate io his present or past official emoluments; or - (d) be in receipt of the benefit of any services which he may reasonably be suspected of having received corruptly " or in circumstances which �mount an offe"nce under this Act; io" · · · . ,• . ry . . be . � shall, unless he gives a: reasonable eip\;��;i��. charged with having, or having had under his control or in ,his possession of resources or property reµsonably suspected of having pecunia been corruptly ac_qui red, or having misuse� or abu�ed'his office, as the case max be,.and shall, unless he gives a satisfactory explana- tion to the· to how he was able to main!ain such a standard · ofliving or how such pecuniary resourc�s or property came under his control or inio his possession or, a·s the case may be,.ho_w he CO(!rta"s' (2)' io the came to enj�y the benefit of such servi�es, be guilty of an 6ffence. , '(3) - Whe�' a court is _s�tisfied in p��eedln�s_ for an offence . that, having' regard io the 'cfos�ness of h(s accused mid to other rcievant circumstances, . . ry under sut;,sc�tif)n rel_ation'ship there is rea.�oii"to believe that any· person resources or property in trust for or otherwise on behalf of the oi- property as a gift, a_ccused, or acquired such pec�niary resources or loan without adequate consideration, from· the accused, such pecuniary resources or property shall, in the absence of a satisfac tory explanation by or on behalf of the accused be deemed to have been under the control or in the posses�ion of the accus�d. was holding p�cunia (4) In this section," official emoluments" include a pension, gratuity or other terminal benefits. (1) - 38
In bribery-related offence proceedings, certain claimed defences fail if the accused accepted or offered gratification as an inducement or reward for an act covered by the Part.
38. If, in any proceedings for an offence under any section ofthfs Part, it is proved that the accused accepted any gratification believing or suspecting orhaving reasonable grounds to believe or Certain matters not to constitute defence " i - ; ' I ,, i ,I 926 Attempts, <.."(mspiracics. Cle., Public offi<.:cr's powers uf report, etc. 42 19961 Anti-Corruptio11 Commission of No. suspect that the gratification was given as an inducemenfo r reward fo r or otherwise on account of his doing or forbearing to do. or having done or forborne to do, any act referred to in that scctjon, it shall be no defence that- he did not actually have the power, right or opportunity so he accepted the gratification without intending so to do or (a) (b) (c) to do or forbear, forbear, or he did not in fact so do or forbear. (2) If, in any proceedings for an o ffence under any section of this Part it is prove� that the accused offered any gratification to any other person as an inducement or reward fo r orotherwiseon account of that other person's doing of forbearing to do, or having done or forborne to do, any act referred to in that section, believing or suspecting C>r having reasonable grounds to bcl ieve or suspect that such other person had the power, right or oppo rtunity so to do or forbe ar, it shall be no defence that such othe r person had no such power, right or opportunity.
Part
Part it is prove� that the accused offered any gratification to any
- 39
A person who tries to commit, or helps, encourages, or conspires in an offence under this Part is treated as having committed that offence and is punished accordingly.
39. to Any person who attempts commit. o r who aids, abets or counsels, or conspires with, any person commit an offence under this Part, shall be guilty of committing that offence and shall be punished accordingly. to ) - 40
A public officer who is corruptly given, promised, or offered a gratification must report the circumstances to a police officer or Commission officer within 24 hours. Failure without reasonable cause is an offence punishable by up to one year in prison, a fine of up to 1,000 penalty units, or both.
40. (1) A public officer to whom any gratification is corruptly given, promised or of fe red shall make a full report of the circum stances of the case to a policeofficeroran officerof U1e Commission within twenty- four hours of the occur rence of the event, and if he fails to do with:iut reasonable cause, he shall be guilty of an offence and shall be liable, upon conviction, to imp risonment fo r a tenn not exceeding one yearorto a fine not exceeding one thousand penalty units or to both. Sl'I (2) Any police officer or officer o f the Commission may arrest without warrant any person in respect of whom a report is made under subsection (I). (3) Any police ornceror officer of the Commission may search any person arrested for an o ffcnce under this Part and take posses sion o f all articles found upon him which the police o fficer oroflicer o f the Commission believes upon reasonable grounds to constitute evidence of Ute Commission of an offence by him under this Part: Provided that a female person shall not be searched except by a female police of ficer, or female officer of the Commission, or by any female authorised in that behalf by a police officer orofficerof the Commis�ion. , __ • ,.,. •• , . , .• - "';� ,-,,::,;,: • '""='.\'. ·--- A. - 41
Section 41 appears to say that any person may be liable, but the remaining wording is unclear.
41. Any p be liable- (a) upon tW< (b) upon for twc in ad, for (c) pr< the - 42
42. Whc: Part, the cour under section rightful ownc any g rafificat deemed to fo Provided ( cannot be as himself impl: order that the revenues of t
42. Whc: Part, the cour under section rightful ownc any g rafificat deemed to fo Provided ( cannot be as himself impl: order that the revenues of t - 43
43. Any amountorva forty-nvo m, thre sections Criminal Pre immovable J
43. Any amountorva forty-nvo m, thre sections Criminal Pre immovable J - 44
This section appears to say the Act does not affect existing rights or rules of law.
44. (1) \ or for or on . of this Act, � value of sue agent orsucl opcmte as a (2) Nothi affect any ri: or rule of la In Govcrnmen respect to I immovable the contra!') - 45 Verify source ↗
Or-FENCE.�. Pr.SAi.TiES A.•m Rr:covllRY OF GRATIFICATION
The text fragment is too incomplete to reliably state a rule.
45. ) I t Anti-Corruption Commission [No. 42 of 1996 927 be liabl e - o up aJ r - 41
A person convicted of an offence under this Part may be imprisoned for up to 12 years, with a higher minimum sentence for a second or later conviction, and may also forfeit property or benefits gained from the offence.
41. Any person who is guilly of an 0ffcnce und t e r his Part shall General penally · ' o n c nvi twelve years; -· · o c ti o o e _n t� imprisonment ror a term n t exc eding 1: > - . • ' ' t t • • � · • ' o o , t.. • e e e o to ce ' • ce , , .• o t i t ra be as • • nabl rtained or (b) up . t t t ion, t _ convic n a second or subsequen imprisonmen o e t . f�r a ars buf n cim o r mil less than five y e e years; and lv tw : (c).in addi1ion t�·;ny oth t exceeding . t e e his Ac1."1o nally imposed lmdcr r p o e forfeiture . to_· th urce, ' cuniary res State of any _p c o e n rec a _r gratifi property, advantage, pro_fi! ived in e c · nce under this' A ,-.the commissiotJ of an. off t : :'· ·- . • J.. ., , • ,·· •.. • • � • ' ' • • • • •' � • • o ct ���f!' f�riy off9nce.unde'rlhis' ' i>enaliy ed - 42
If a person is convicted, the court must order payment of the amount or value of the gratification.
42. Where any person is convi !lie· , tl]S �e.ntf)l,C�, s��ll,', i� ��diticin t h,�!,i_t. ipa(i,ippq��' . ndditionJl Part, the forty-one, o o e t c t n _ nvicted �ers c ·order th n _r s_cc.u �t;;�hment o pay und o e o o t c , as dctcrmmcd by r valu unt am rightful ov.:ncr th he ourt, ·or e c o • ,.i, .. ,_· ,.;: - d by him, and such order shall be .. , eiv n actually re any graiifical) o ec f\he scntcncc: ..... ,,.' .. . J,.: ; ··· _:· mi:d_to form part d _ •' • ·• • .�•-,·: � •• _1 _-_ . " . ;·, , i,_ :.· ; ,,. • • - ,: inquiry,_th,e. rightful <iwndr' ' ... e o o vided that where,. after reas Pr t c rightful owner is : d, or where· th a nno o o flhe gratificati himself implicated in the giving n� thc �ourt shall . · o o f shall be'paid int order that the amount o_rvaluc there the general e e public., · : · nues of the R rev ·• · : ,; , '. -� • , ,,, • � ,-,r . , o e e - 43
A principal may recover a gratification from an agent as a civil debt when it was given in breach of the Act.
43. Any fin i!"poS�� µnd !]� �f/hjs Part_and tlic Recovery of r_tllC provisi e o o o rvaluc·o o o b rdered l n fany gratificati tion unt am forry-ii�o, c reco c(irctarii:d, �it�-�€ proytsioiis of , �ic�i,rrcss, ,verc� in a maY. bc. three hundred and nine three /zuiulred and eight o ec t and ti ..- ' • s of � , . • . ·- he t o t o o f ress and sale h� m_ de by dis Criminal Procedure C vablc and · c,p. 160 c e , :,·;_; :,. , :;_ ,; ,_ ed'. : n im,movablc propcrtypf_\hc person sent .. _ . . , . • • •· •. , • t o ,. Prin ipal · , .; · , . ••r · , n_h�s_be_cn,gh:ciiby any person t i 44, · (1) . . Where a,�Y gratifica o o o o o unt of an· agent in' conlravcnti fi of ahy proyisi ·, n · mar:re n acc r ror·or· a 'bn If' . . e o r .. gr�q of this Act, the pri�cipii) nia}'. rccovcr,'a_s a civjl deb,t; � a�ouD( _l I by i t t c 1 he �cqui h grat1fi:al1_on from the agent,_ and value of su tµl ofihc ��coif - t o c c o h1s Part shall not agent f an offence under t h person m respe rsu agcnt . oc e o . · · eedings for such any pr as a bur t perat recovery: , . io e med (2) N�thirig'in subsection (1) shall be de �rcjudi�c 0� , affect any light which any principal inayhavc imdcrnnywlittcni'aw o o o o o o r pr ver _rr rec r rule of law t ney _m his agent any m perty. e oce edings under ·1his Act, a· c - 45 Verify source ↗
Or-FENCE.�. Pr.SAi.TiES A.•m Rr:covllRY OF GRATIFICATION
A certificate by a Government specialist valuer or other Government officer about the value of movable or immovable property is sufficient proof unless the contrary is proved.
45. In any pr rtificate by -� Ccriilicaie of o c o e ialist valuer with. Government ther sp er or n Offi nt Valuati Governm c e to r' �r�uaiion . �spcct , ati9n or of_. any, movable , value of any grnti� th o o e f such value, unless -.orh��•r �f nt pr immovable property shall be suffici c a ontrary is proved. the list speci va1uer e r section ' grn1ifi paid.und , ' , • •' ' '' : ns ,, � •• - �, ,- - ; • • � •. : ec 0' •. • ca _ o o . . I / ' • • .. " ' • ,. o o .,. . • • • i; • • • ' - � • ., • ' ,• , • �- ', .• f • " > • • I ' t . ' > -·� ... -� �-�:----�,r.- . "Yf f '(]i ··; • • ,�- ·._ .. , . > _:.' ·:" .,. 928 No� 42 of t 996] Anti-Corruption Commission PART Y POWERS or THI! DIRECTOR OF PUBLIC PRosr.CUTIONS ••'• ' ,- ,;''•· -,,·.;;,:,-·:�,\��- . Consent of Director of Public Prosecutions Power of Dirt?ctuf 01 Public Prosecutions to obtain information Bail where suspect or accused person about to leave Zumbiu i I 'I :, ,I i I i 'I I ,, ' (1) (2) (1),
Part
PART Y
- 46 Verify source ↗
Consent of the Dircctor of Public Prosecutions
A prosecution for an offence under Part IV needs the written consent of the Director of Public Prosecutions.
46. No prosecution for an offence under Part IV shall be instiluted except by or wilh the written consent of the Director of Public Prosecutions. Notwithstanding the provisions of subsection a person may be charged with an offence undcrPart IV and may be arrested theri:for or a warrant for his arrest may be issued and executed, and any �uch person may be remanded by the Court in custody or on bail notwithstanding that the written consent of the Director of Public Prosecutions to 1hc inslilution of a prosecution for the offence with which he is charged has not been obtained, but no such person shall be remanded in custody or on bail for a period longer Umn fourteen days on such charge unless in the meantime the written consent of the Director of Public Prosecutions aforesaid has been obtained. (3) - 47 Verify source ↗
Power of Director or Public Prosecutions 10 obtain informa
Before written consent to prosecute is obtained, the charge must be explained to the accused and the person must not be asked to plead. The Director of Public Prosecutions may also require the Commissioner of Taxes, by notice, to provide information and documents about a suspected person in specified Part IV investigations or proceedings.
47. If. When a person is brought before a court before the written consent of the Director of Public Prosecutions to the institution of a prosecution against him is obtained, the charge shall be explained to the person accu�ed but he shall not be called upon to plead. in the ·course of any investigation into or proceeding relating to any offence under Part IV, the Director of Public Prosecutions has reasonable grounds to believe that it would assist or expedite such investigation or proceeding, he may; by notice require the Commissioner of Taxes to furnish all information in his possession relating to the affairs of any suspected pe_rson and to produce oF· furnish any document or a certified true copy of any d_ocument relating to such suspected person which is in the posses sion or under the control of the Commissioner of Taxes. - 48 Verify source ↗
Bail where suspect or accuscd'pc
If a person facing pending Part IV offence investigations or proceedings is about to leave Zambia, the Director of Public Prosecutions may ask a court to require bail, and the court may set the order it thinks fit.
48. (I) If any person, against whom investigations· or'proceed ings for an offence under Part IV arc pending, is preparing or about to leave Zambia, whether temporarily or permanently, the Director of Public Prosecutions or any officer authorised by him in that behalf, may apply lo any court for an order requiring such person to furnish bail in any sum, or, ifhe has already been admitted to bail, in such greater sum and on such additional conditions, as the case m11y be, with or without sureties, a11d in any such application the court may make such order as it deems fit. (2) Every order made under this section whethcroriginallyor on review shall be re"icwcd withiP thirty days by the court which made lhe order. (3) A right o f appeal against an order made u nder this section shall lie to a higher court. (I 49, any gratil and acqu satisfied, any other for oron in connc, grnlifical presume< (2) WI ti proved accept or circumst; then suet be prcsur to be ace, (3) Fe conupt p - 50
This section appears to concern presumptions of corrupt intention and when pecuniary resources or property may count as corroborative evidence.
50. (1 the fact ti satisfactc tionate to time of ( resourcci be prove corrolxm the accu: atlempte< cation w, lO be obt, (2) Fe deemed l have ob: pccuniar: obtained, having re circumsu or has ob of, the a< proved. ·l ,, r ... .__ ·-- ,__ .• .... --- · - - Anti-Corruption Commission ' [No. 42 of 1996 929 PART VI f EVIDl:.'/CE, P1m�t;\wno>1s ANP ar11FR MATillRS �resump tions; of corrupt intention Corrobora tive evidence of pecuniary resources or property
Part
PART VI
- 49
This section creates presumptions that certain gratification or corrupt payment was received or obtained by the accused, unless there is a satisfactory explanation.
49. (1) Where, in any proceeding under this Act, it is proved that any gratification has been received by any person with the knowledge and acquiescence or consent of the accused person, and the court is satisfied. having regard to his relationship to the accused person or to anyotherci rcumstances. that such person has received the gratification for or on behal r of the accused person, or otherwise on account of or in connection wilh the office or duties of the accused person, the gnilification in the absence of a satisfactory explanation, shall be presumed to have been received by the accused person. (2) Where, in any proceedings for an offence under Part IV, it is proved thnt any person solicited, accepted or obtained or agreed to accept or attempted to receive or obtain any payment in any of the circumstances setoutin the relevant section under which he is charged, then such payment shall, in the absence of a satisfactory explanation be presumed to have been solicited, accepted orobtained oragreed to be accepted, received or obtained co111Jptly. (3) For the purposes of subsection (2) " payment " means any eonupt payment, whether in cash or in kind. - 50
In corruption proceedings under Part IV, unexplained wealth or property may be used as corroborating evidence against an accused person, and the court may consider it.
50. (1) In any proceedings in respect of an offence under Part IV, the fact that an accused person is in possession, for which he cannot satisfactorily account of pecuniary resources or property dispropor tionate lo his known sources of income, or that he had at or about the time of U1c alleged offence, obtained an accrotion to his pecuniary resources or property for which he cannot.salisfactorily account, may be proved aml may be taken into consideration by the court as corroborating the lcstimony of any witness in such proceedings that U,c accused person accepted or obtained or agreed to accept or allcmptcd to obtain the gratification and as showing that such gmtifi calion was accepted orobtained or agreed to be accepted or attempted to be obtained corruplly as an inducement or reward. (2) For the pu1poscs of subsection (1), an accused person shall be deemed to be in possession of pecuniary resources or property, or to have obtained m1 accretion thereto, notwithstanding that such pecuniary resources or propcrty is held, or such accretion thereto is . obtained, by any other person ,L� to whom there is reason 10 believe, having regard to his rel:uionship to the accused person or to any other circunm,mces, that he is holding such pecuniary resources orprope11y or has obtained such aec1ction thereto in !rust for, or for or on behalf of, the accused person, or as a girt from him unless the contrary is proved. l r I I l , I ; , i I ! l. ; (-,r{�- �-"···•-·--··"-•·-·•-·-' . ---�-· ·\l f • . . ······ . . ·----·-··- - ·-·-··· .. . _,,� J . · ·⇒ . � , ..... - -·· · ··• · . •-·• -. . ' "' . ,.., . · � ::..4:.:;...:j, .;;��: ... � ... -, ·--�: __ . -� f i i ; : ' · 930 Affidavit evidence Evidence of custnm inadmissible No. 42 of 1996] · Anti-Corruption Commission - 51
In offence proceedings under Part IV, the court may allow a specified fact to be proved by affidavit, even without the deponent being present for cross-examination.
51. For the purpose of any proceedings in respect of an offence under Part IV, the court may at any.stage of the proceedings direct that any specified faci maybe proved at the trial by affidavit with or without the attendance or the deponent for cross examination. - 52
In Part IV offence proceedings, customary practice is not a defence. Entertainment or casual gifts may be exempt if they meet regulations. For public officers, several arguments cannot be used as defences in trials under Part IV.
52. (I) In any proceedings for an offence under Part IV, it shall be no defence that any gratification solicited, accepted or obtained or agreed to be accepted, given, offered or promised, is customary in any profession, business, tmde, vocation or calling. (2) Notwithstanding the provisions of subsection (1), no entertain ment or casual gifi offered or accepted under such. conditions as may be prescribed in regulations made under this Act shall constitute an offence under Part IV. .f Ab:-cnce of powc..-r, authority or opportunity, no dcfoncc 53, Where any public officer has corruptly solicited, accepted, obtained, or agreed to accept or attempted to receive or obtain any gratification, it shall not be a defence in any trial in respect of an offence under Part IV that- Tender of pardon ( a) the appointment, nomination or election of such person or any other person as a public officer was invalid or void; or (b} such public officer or any other public servant did not have the power, authority or opportunity of doing or of forbearing from doing the act, favour or disfavour to which the gratification related; or (c) he did not actually do any act, favourordisfavourto induce the gmlifieation, or never had the i ntention of doing so. - 54
The Director of Public Prosecutions may offer a pardon to obtain evidence at trial, and the person accepting it must fully disclose what they know and hand over relevant evidence.
54. (I) The Director of Public Prosecutions may, at anytime, with a view to obtaining at a trial the evidence of any person directly or indirectly concerned with or privy to an offence under Part IV, tender, or by writing under his hand, authorise any court named by him to tender, a pardon to such person on condition that he makes a full and true disclosure of all facts or circumstances within his knowledge relating to the offence and to every other person in volved in the commission thereof, wheU1cr as principal or in any._ other capacity, together with the delivery up of any document or thing constituting evidence or corroboration of the Commission of the offence by the person to be charged or the accused person, as the case may be. Cap. 160 (2) The court shall record in the m anner prescribed by the Criminal Procedure Code the evidence on oath of every person accepting a pardon under subsection (I) and shall transmit the record of such evidence to the AUomey-General. '. I I .t ·l (3) Ev shall be , (4) W this secti the case conditior prosecull tendered guilty in (5) A 1 subsectio full disc!, shall be e ofthe Dir and full d such certi respect ol - 55
55. � tution, or conclusio conduct o Act and o commissJ. or restrain written la Prosccutic and such necessary.
55. � tution, or conclusio conduct o Act and o commissJ. or restrain written la Prosccutic and such necessary. - 56
A person who accepts a tender of pardon must be examined as a witness, and if they break the condition by hiding material facts or giving false evidence they may be prosecuted. A person who makes a true and full disclosure may receive a certificate of indemnity from the Director of Public Prosecutions, which bars legal proceedings about the disclosed matters.
56. (I) with an of person hm person in : plaint or a! in writing record oft (2) Any subsection or allegati attempted · sion of, or, under Part: \ Anti-Cdrruption Commission [No. 42 of 1996 931 (3)_Every person accepiing a tenderqf pardon t!Pderthis sectfo� shal\_bc ex,amined as � witness at the trial. .. , • • • • - ·, ' ' • .. • • --· ' . , , · , ' • .. . . , ( 4) Where a person who has accepted a tender of par�on under th.is section has, either by wilfully concealing anything material to the case, or by . giving false evidence, not complied with the con.dition on which 'me tender or'pardon·,was made: he may be prosecuted for tlie' offence in respect of which the pardon was tendered. or for any-�ther offence of which he appea_i;s .to have been guilty in conneciion with· ihc same matter. . . . (5) A person to whom a tender of pardon h�s _been m_ade under subsection (lj; wlio-iri the opinion of the coiut, has inade a·true and fun disclc,sure:or al) t!)ings as . to' �hich iifi�.l��f!JIIY exami�ed, · shall be entitled to receive a certificate ofindemnity underihe hand orµi_e Directotof Publ!c P�s�c1:1tio!JS stating that �'?.has made a true and full disclosure of_an things as to which he was examined, and such certificate·shall If a bar to all legal proceedings agili,1st him in respect.of all such things 'as aforesaid. · . . · ___ :_ ,, : - "··, , - , · ' J • ° . commission established by oru.ndertlie Consti - 55
The Commission must send its opinion and case details to the Director of Public Prosecutions when it thinks a person may have committed an offence under the Act; the court must also certify and forward certain false-complaint findings to the Director.
55. •· Where any tution, or appointed under the Inquiries Act, in the course, or upon conclusiciii, of any proceedings before it, is of the opinion that the conduct of any person appears to cort�titute an offence under this Act and ought to be inquired into for the purpo�es of this Act, ·1he .commission concerned shall, subject to any prohibiiion, restriction or restraint impc,sed.upon it by orunderthe Constitution or any other written law, communicate its opinion to the Director of Public Prqsecutio.ns, iogcther?,'ith the partic'ulars of the person coricefl!ed and �uch other: facts"or'uie· case ·as the commission inay deem necessary. . 56 .. (I) · Where, at_th� c9nclusion of the trial of a P�.rson charged with an offence under Part IV, the court is of the opinion that any person has wilfully, and with intent to harm or injure the accused person in any manner made a false, frivolous· or groundiess com plaint' or allegatfori _against hii:n, the court shall certify that opinion in writing and shall transmit it together with a certified copy of the record of the proceedings to the Director of Public Prosecutions. (2) Any person.who, in the opinion of the court certified under subsection (I) has made a false, frivolous or groundless complaint or allegation to the effect that any person has .committed or attempted to commit, or aided, abetted or counselled the commis sion of, or conspired with any other person to commit, any offence under Part IV, shall be guilty of an offence and shall be liable, u\X'n . ' . .. . -· ,. ' . . , ' · , ' ' . •' : j l 1 J ; ·l . . , . . ' � l .· ,::f::C�j tiil:i Corrupt practice: coming to notice of Commission Cap. I Cap. 181 Cap. I False, . frivolous or groundless complaints or aJlcga tions -- . . _,_ -� ,� � ��-� ' \/(:· � ' ' ' !,,YJ�l� 932 No. 42 ort9961 • • • • •• • , · . , , • -< · Anti-Corruption Commission _- \. 0 Altcm::itivc conviction and amending parciculars Defences Liability of public officers, cilizens of Zambia. etc for offences committed or ;idc Zambia (1) conviction, to impiisorimcnt for a term not ef<ceed to a fine not exceeding ten lhousand periaiiy units/or to both.' il\g !�ri years or Pa:rl, · 0 0 · 0 0 J . • • - . . . . • , , . , - - . • ' · • • .. � - ' . . .. •· . . • . · • • •. 1 _ .. • • • • • • , . •, J •·· : , . ,,�• · • · - ' � � - -• •. ,.,- • • ,'• t - ·�· ·, � - . � •" · , \ ·,1 _ • • ,!l , , ' •• � ,'. - �·• - · · , - - t, . .• ., ' • � - , - � - ·- - ·-: ' ,, � ,:,•, , . .. •J-•'$• . · ; / . 1 1,�•\.. .,,. . , ' \ . •'"<' �• •.� ·, · ��- -� ,•·· .• ,,.,, lrial - 57
The court can deal with a material variance in Part IV offence trials by amending particulars and allowing the case to proceed; a valid defence exists if the gratification was an entertainment or casual gift.
57. ••. , ... .. . ,; • • ,.,. , .. . j' • · • • • ; . .,._ • ..,. .. , l t t , •· ••l,• •" 1 -" ,, r,, .,. ,,. .�- if, �n the 0f any persini'ror lhc cvi�en§e �ddU:i:cd . ,. - - If, on'the trial of any'ilffcric� u�dci- ' , . . ' · �y in siippcih i�rit is not proved that'the aci:tised is guilty of the offence' charged but h is ' . ' • ' proved ihat the accused is qtiilty of some othe{offence·under Part IV, the accused may, notw1thstandmg thtfabsehce,ofthe wntten consent of the, Director of Public· Prosecuifons iii ' respect' cif such · olhcr offence, bc·conv1cted of such othcr offelice;-and be·hablc to be dealt w11h accordingly. , (2) · · •, · " · " ' · offence urid<ilPart iv, · there is· ririy material variance between the particulars of the'offence th'tinfor,' s\ich v�i-i_dnce. chargctl and , . ":'•� ' -'• 1 ' · shall not, ofits'clf, cnlitkthc'acctised to'an acquittal of the offence ' charged if, in the opiniori'bf the court, there is j,rimafacui eyidence ofthc'comimss1on oflhatoffcnce, and i n such a case tl]e court·may, _- noiwithstanding the absence.of the \viittcn corise·rit_of lhe Pi rector of Public Pnisecuiions, in respect ofihc'particulars bythe ev_idenqc _adduci,d, ma�e the.necessary-amendment to lhe particu l ars, al}d S,\ll\11 1)1erc,upon rc�d and explai11 the. sam't the accused and llic p� rti\!s,s!JalJ thereupon be aHQ\Yed_to. rec.ail �nd examine on l_llatters r�lcyant_ to _suc_h am_endmeni'any witness who may have io __ been.exami�ed and, subject to lhe_provjsions ofsubsectiori : call an·y, fm1.\1�n vit�ess. : . . · . . , · .>i, . . •. , . itiay dbscd; no ffan amendment is made under the provisions of subsection be; further witncsd iv/tness"cin suchm�ii�rli only of this subsection, be·peimis- _ called by'the prcisedu1iori othertha"n' a as woillil, apart from tlie provisions sible to call and put in evidence i�.re_buital. "aher itic·profoculion it siipportdi c·· __ , c:isC:is . . _.., ._ ;,• ,- , � • � t , r 1 � • - • (3), 's . (2) (3) . ,. ' •·� , ... ,,.,, . to i-"' •'" ', • . ' � , \ • · • f . · • • . • " •' ' ' • ._,:•. • ·� I • • • • : , l • < • .: ' - , • • , , • • ( 0 : ' • • ' ' • . . ,, • . f 1 I - In • . - :,S.· any proceed mg for an offence under 1h1s Act It shall be a valid defence 1lia1 'the ·gratification offered or ncc�pted· is an : · entertainment or a casual gift. : : . . ...:.,- � - 59 Verify source ↗
Ev1
This section says the Act applies to certain Zambian public officers, citizens, and ordinary residents even when they are outside Zambia.
59. (1) In relation IQ a public officer or ·a Citizen of Zmnbia, or a person ordinarily resident in Zambia, ·1his Act shall have effect within as V(Cll as OUISi�c Zambi� •. an'c! notwithstanding where any offence is cciminilled by such pe rson, he may be dealt with hi respect of such offence as if it has been. commilled within Zambia. .r: ,' !,, · · ' • . 1 Any proceedings against any pcrson ·undel' !his section which would be a bar to subsequent proceedings· 'against such person for thc same offence, if such offence bad bcl'lll'Committcd in Zambia, shall be a barto fmtherprocecdings against him, u nderany . w_rillcn law for the lime being in force relating to't)le extradition of persons, in respect of the same offence outside Zambia. (2) - 60
This section appears to deal with transitional continuation and vesting, but the text is too garbled to state the rule confidently.
60. (1) s, immediately' or lhc fo1me1 shall continu, three months (2) After i sioner of the powers of lh under lhis Ac ', ; i ; 1 (3)Nolhin by Ilic fomi'c1 (4) Notwi1 rights,'liabilil immcdi:ucly vest in, or sut liabiiilics and i f this Acl Im (5) Any pr o r against' II appointed da· instilulcd unc - 61 Verify source ↗
(1) Tl
61 . (1) Tl former Com Conimissio.n (2) The servi, ' treated as cor I
61 . (1) Tl former Com Conimissio.n (2) The servi, ' treated as cor I - 62 Verify source ↗
Rules
62. - The for lhc- (a) app m, ch disc o f tern pc prac o r dclc: (b) (c) (d) (e) ,, . I I . i [No. 42 of 1996 . . , 933 . , PA.RT vir " : . ' ·-,. �rsq:IJ..ANEOUS ... . . . . '. . _ : � : ,, · ' - • . . • ,;/ • . , / . ; , : ' -• • •• • ·
62. - The for lhc- (a) app m, ch disc o f tern pc prac o r dclc: (b) (c) (d) (e) ,, . I I . i [No. 42 of 1996 . . , 933 . , PA.RT vir " : . ' ·-,. �rsq:IJ..ANEOUS ... . . . . '. . _ : � : ,, · ' - • . . • ,;/ • . , / . ; , : ' -• • •• • · - , · • • , .. ·, . . ·, . 1 "(· - ' • . . • • ., . . i . .. l . , -· .. . . . i· , . , _ . • , (3) (2) (1), " " ,. · I ' " ;.- . ' · - (4) , c • • • ,:, - � : , . . , ,J • . ,; .. , , ' · .·, /� .. � .. · . '• ,• J , •, ,_'• - 60
This section keeps the former Commissioner in office for three months, then requires that person to perform the Director-General’s functions and powers.
60. (]) Subject to the othcr provisipns oflhis Act, a person who immediately before 91e _appointed. date licl<! office as Commissioner , of the· fmmci Com'missioncr established un�cr the repealed Act, shall continue to hold such office as Commissioner for a period of thrce inonths. ,._ . . " · .t<._: , ,· .. · ,, r,:": ' • : , .. \ . After the period referred to in subsccti_on . the Commis sioner of the former Commission shall perform the functions and ', , powers of the Director-General of the Commission established . under this Act. . " Nothing in this.Act affect� the right� of any person employed by the former Commission immcdi.1tcly before the appoirj!cd date. ., • , , , • • , , •. , •• · . ·· • r', , · • 1 ; > coriiiniic . , : "• '· :-: · ' · " Notwithstanding section .vixty-six,.all the· propeciy� assets, rights, liabilities arid obligations of the former Commissioljcxisting · immedi:ncly before the appointed date, shairvcst and fo vest in, or subsist agafrist the Cortimissioil, together With tllc"rights; liabilities and obligaiions arising out ofany contract orbtherwis� as if this Act had not come inio force. . • -� ' ·:/·• · -, . .. . , (5)Any proceedings.or cause of action inslltuted or pending by or against the · former Commis.�icin" immediately prior to the · '.: 1• :. \"" , �!!<J,:· appointed d:i1e: shalicontimic by1i,r against the Coirini_issibn as'if :· ·t:,•_ ... , . .. , u ·,. .. .- . tcd undcf. instii ,. '. ; ··--� :._:_: ; . ,: , :. - 61 Verify source ↗
(I) The investigating omcers and other employees of the
Investigating officers and other employees of the former Commission are treated as transferred to the Commission from the commencement of the Act, and their service counts as continuous service.
61. (I) The investigating omcers and other employees of the ·io be· irnnsrcrrcd . to · 1hc' .-: ·1.� :· ·· ,· ·• . ·. _:, • ·;·�:� , • . · ,, .. , · ., · . , (I) '. .. {. _. �. •; \ former Commission ·�half lie deemed '•. Conimission from the com·mencement of l11is Act. ... :··,t;,� �.· · . (2) ' : .. , 1(::;. ·· ' .; · ' • !rented as conlmuous service; :·, :, ;_ ... , ; · . . :. ·· . ·; . . . , , ,,.,·, . :-�··,. The service.of the persons rcfli'rred to iri su)?scction .- .. . , · •t ·•,� - •- , 62: , The Comn;is�io� �-�;.'i;/�0 . . _ ;; _",} : • . 1.·:., ._, . • : Act. · .. ·� • shall.be . ......... . lhis - . . . : ::·;; • --� ·': •· ! ., :· ., • - � • "'· .• ' • ···· . ' " )", " . . , • • ry - 0 Verify source ↗
• ,
The instrument sets rules about appointments, disciplinary control, removal or suspension from office, termination of appointments and offices, the Commission’s practice and procedure, and delegation of functions or powers.
0 . • , ·, ";, , .• ' _ '-- • : . ,- °': . . ' . ' ••• • • '. . ; . • • . _· . ' . . a • • • • • • tal�t<i ·• •,;: , ,, , ' inslrulri�rit,m�k'6 rules ·. , . '� ,· ' , .. for the- (a) appointmeni,. including lhc power lb _confirm appoint ments of persons, to anyomce in respect ofwhiSh he is charged with the responsibility under lhis Act; ' ' .. . .. ' . . . disciplinary control of persons holding ,or acting in such · · · · ' ienloval ,or su-�h ' ' · · · of persons from omce;· · · · '· appoinfiri�riis' arid · · offices; . termina'tion the' . . . · .. '-� . , . . . ' . . · . - practice and procedure cir the Commission in the exercise or its functions under this Act; and (b) (c) (d) (e) delegation of its functions or powers, ,, Savings and transitio(lal provisions Act No. 14 of l980 Transfer of staff Rules ' ,-.. ' --; ', . :�. ' ·;-, · - • - 4 Verify source ↗
The An1i-Com1ptioo Commission
This provision appears to relate to Section 4 of the Anti-Corruption Commission Regulations and mentions the repeal of Act No. 14 of 1980.
4. cfi ' lhc end ci" , Pr d +��i ; tion on 1h4 ) i appended : i ' (aJ �� .· :n : an (b) . ,. .. ; ,, 0 , , , _ ' ' · '' ' ' (3) The I ·_, , ;,-- sI11in" of ti referred. to · · Ass cmbly. . 934 No. 42 o( 19961 AIIII-Corrupiioli Commission RcguJntions Repeal or Act No. 14 of 1980 - 63 Verify source ↗
Rcgulalic
The President may make regulations by statutory instrument, if the Commission recommends it, to better carry out the Act.
63. The President may, by Jtatutory instrument and on the recommendation of the Commission make regulations forlhe better os�s or Lhis Act> carrying of the pu OU! rp . . ' - 64 Verify source ↗
Repeal ol
The Corrupt Practices Act, 1980 is repealed.
64. cToe Corrilpt Practices Act, i980, is hcreby.rcpealeci:·· . - : . . :_ , •, ' ' . . .... ', . . . . . • ' , . FIRST SCHEDULE (Section 4) ' · , . : 1 ,· ,FINANCIAi. ANr;> OTIIER PROVISIONS Funds or Commission - 1 Verify source ↗
2. Applicntion
The Commission’s money may come from appropriations, grants or donations, income it accrues, and it may also raise loans with the President’s approval.
1. (!) The funds 'or the' Commi�sfoii. shall ·consist 'ofsuch 'J • moneys as may- ( a) ,,,·\· : Act; ! ' :- , . , , . . _ (b) • be :ippropnaicc(by_ the Parliam,cnt for, the. p�qxises'or thi� ... . _ i , • • , • • l • • : , ·:·:• _ •. . . _, . • . ,. I . - • • • . . .. · .- .. 11 . · .- , . · _ · " ·· :d . ., ., , ., .. �• .. :. •, : .:., . -- · · � � ·:';•, � · •·• ;,; , , • _ _ ·1 ·1arid ·' : . . , ,:.,_' · ·<- . � ; _ , : : : : ·;J , : .�=-·: ' be p:iid tci the Commission by way of grants or donations; . , , _,:J.:.: : · . .. '·:::\i1·:('�· �: .:.'.- : .• , . , , :•;_, , , � . · ',;,;, . < _; �--<> ,. j ;' ·, '' .... ; .:'. ·' .; .. -:, ·,('_'.I.J , , � �. ;{ _,· _ _ '·, !·]_1,", � , in.or accrue tci.the Commission. • · ': , , : -,�:· / ,_·, • , �· ' · . : � ; ; ·,- ., < , · · · -- • . ' ·- . . . . - (2) The Commission may-"•, : , · ; , . (c) vest . · ·· ·: . .. · ·, ·· · • · · subject to che approval of the President, accept money by . ' · . way of gra�ts·or'donations from' ,: . • r • tc • , - . , source;' and .. . �-·- �:•,;_._, '.·_; : · ahy ; · l - __ ., '. . • , � . s4bject t<;> the approval of th� Prc�ident, r<jise by way of loans or otherwise, such money as it may require for the , . _ discharge·o�. functions.0 . _._ . . - � ---="--,.' : ; , , , . ' - - , ( a) . . , (b) , . . ' ":- ' -.. . ,, (3) There shall be paid from the.funds ofthifCommission-· " � (a) the salaiii::s, ano,vances; pensions and loans 'ofthc staff; . (b) �uch' reaionabi/�raveiling} transpo'ri . l!�d :s�bsfst'i:nc�· allowances for the Coml]l\SSioners: anilmcrhbcrs of nily commillee of: the Commission, when engaged in the . .. business of the Commission; and ' : ' . ·. - . . . •·' \ . . ' · ' (c) any other expenses incurred by lhe Ccimniissioil in the ·' ". '· · " · . I . ' ! l' - • performance of its functions. - 2 Verify source ↗
Applicntion
The text appears incomplete and only indicates that the Commission’s year/period is to be defined.
2. The linand�J yea� of the Commission shall be the.period of - 3 Verify source ↗
Interpretation
The Commission must keep proper books and records, its accounts must be audited annually by the Auditor-General, and the Commission must pay the Auditor-General’s fees.
3. (!). The Com1:nission.shall cause to be kept proper books of . twelve months ending on 31st �eccmbcr i� each year, ''· account and oth6r records relating to'its 'accbunts. · . . . . . · ' · · (2) The accounts ofU1c Commission shall be audited annually by the Auditor:General. (3)The A':!_ditor-Gcneral's fees shall be paid by the Gommission. Financial year Accounts .. .. , :.- SECOND SCHEDULE •
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Anti-Corruption Commission Act, 1996
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