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Anti-Corruption Act, 2010

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Jurisdiction: Zambia
Structure: 93 provisions
Citation: Act 38 of 2010
Dates: As at 19 Nov 2010

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Dates: As at 19 Nov 2010

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Purpose and legislative effect

“This Act may be cited as the Anti-Corruption Act, 2010, and it starts on a date the President appoints by statutory instrument.”

This Act may be cited as the Anti-Corruption Act, 2010, and it starts on a date the President appoints by statutory instrument. Offences under this Act must be handled under the Criminal Procedure Code and any other written law. This section defines many terms used in the Act. The Anti-Corruption Commission continues to exist under this Act, has corporate status, and may do the acts a body corporate may lawfully do, subject to the Act. The Commission must not be directed or controlled by any person or authority when performing its functions, except where this Act provides otherwise.

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This Act may be cited as the Anti-Corruption Act, 2010, and

This Act may be cited as the Anti-Corruption Act, 2010, and it starts on a date the President appoints by statutory instrument.

Section 1

(I) A person who, directly or indirectly, corrupts a witness

Corrupting a witness, offering a witness gratification to affect testimony, or a witness soliciting or taking such gratification is an offence punishable by up to five years’ imprisonment.

Section 24

(I) A person who alleges that another person has engagecl

A person may lodge a complaint with the Commission about an alleged or impending corrupt practice, and the Commission may investigate and refer offences to another investigative authority or agency.

Section 47

Procedure for commencement of application

Applications under this Act must be started by originating summons unless another specific rule says otherwise.

Section 71

Declaration of assets

The Commission must submit an annual activities report to the President within 90 days after the financial year ends, and the President must table it before the National Assembly within 7 days after its next sitting after receipt.

Section 14

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Source record from zambialii.org · As at 19 Nov 2010

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Showing 93 of 93 provisions

Offence 58Provision 24Commencement 6Repeal 2

Part

PART I

§ 1This Act may be cited as the Anti-Corruption Act, 2010, andCommencement

This Act may be cited as the Anti-Corruption Act, 2010, and it starts on a date the President appoints by statutory instrument.

1. This Act may be cited as the Anti-Corruption Act, 2010, and shall come into operation on such date as the President may, by statutory instrument, appoint.

Section 1Verify source

§ 2ApplicationOffence

Offences under this Act must be handled under the Criminal Procedure Code and any other written law.

2. All offences under this Act shall be enquired into, tried and otherwise dealt with in accordance with the Criminal Procedure ·Code and any other written law.

Section 2Verify source

§ 3InterpretationShort title

This section defines many terms used in the Act.

3. In this Act, unless the context otherwise requires "agent" means a person employed by, or acting for, another and includes an officer of a public body or private body who acts for, or on behalf of, a public body or a private : body or any other person, a trustee, an executor or an administrator of an estate of a deceased person; "appropriate authority'' means a person or institution to whom a recommendation is made under section eight; Short title and commence ment Application Cap. 88 Interpretation "associate", in relation to a person, means- (a) a person who is a nominee or an employee of that person; (b) a person who manages the affairs of that person; (c) a firm of which that person, or that person's nominee, is a partner or a person in charge or in control of its business or affairs; (d) a company in which that person or that person's nominee, is a director or is in charge or in control • 560 No. 38 of 2010] Anti-Corruption ofits business or affairs, or in which that person, alone or together with that person's nominee, holds a controlling interest or shares amounting to more than thirty percent of the total share capital; or (e) the trustee of a trust, where - (i) the trust has been created by that person; or (ii) the total value of the assets contributed by that person before or after the creation of the trust, amounts, at any time, to not less than twenty percent of the total value of the assets of the trust; "Board" means the Board of the Commission constituted under paragraph 2 of the Schedule; "casual gift" means any conventional hospitality, on a modest scale or unsolicited gift of modest value, offered to a person in recognition or appreciation of that person's services, or as a gesture of goodwill towards that person, and includes any inexpensive seasonal gift offered to staff or associates by a public or private body or a private individual on festive or other special occasions, which is not in any way connected.with the performance ofa person's official duty so as to constitute an offence under Part III; "Chairperson" means the person appointed as Chairperson under paragraph 2 of the First Schedule; "Commission" means the Anti-Corruption Commission referred to in section four; "Commissioner" means a person appointed as Commissioner under paragraph 2 of the Schedule; r · ·- "corrupt" means the soliciting, accepting, obtaining, giving, promising or offering of a gratification by way of a bribe or other personal temptation or inducement, or the misuse or abuse of a public office for private advantage or benefit contrary to section ninety-nine of the Penal Code and Cap. 87 "corruption" shall be construed accordingly; "Deputy Director-General" means a person appointed as Deputy Director-General under section twelve; "Director-General" means the person appointed as such under section nine; Cap. I "Director of Public Prosecutions" means the person appointed as such under the Constitution; "document"means any device by means of which information is recorded or stored, and includes-- (a) anything on which there is writing; Anti-Corruption [No. 38 of 2010 561 (b) anything in which there are marks, figures, symbols or perforations having meaning for persons qualified to interpret them; (c) anything from which sounds, images or writing can be produced, with or without the aid of anything else; or ( d) any of the things referred to in paragraphs (a) to ( c) kept or maintained in electronic form; "foreign public official" means- (a) a person holding any legislative,administrative or judicial office at any level of the government of a foreign State; (b) any person performing public functions for a foreign State, or any board, commission, corporation or other body or authority performing a duty or function on behalf of the foreign State; or (c) a n official or agent of a public international organisation formed by two or more States or two or more public international organisations; "foreign State" means any country other than Zambia; "former Commission" means the Anti-Corruption Commission Cap. 91 established under the repealed Act; "Government" includes any Ministry, department, Service or undertaking of the Government; "gratification" means any corrupt payment, whether in cash or in kind, any rebate, bonus, deduction or material 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 corrupt misuse or abuse of public funds or property, other than a casual gift; "illegal activity" means an activity carried out which, under any written law in the Republic, amounts to a crime; "local authority'' has the meaning assigned to it in the Local Government Act; "officer" means a person appointed under section thirteen; "parastatal" means any company, association, statutory corporation, body or board or any institution oflearning, in which the State has a financial interest; "police officer'' means a member of the Zambia Police Force; "principal" includes an employer, beneficiary under a trust, and a trust estate as though it were a person, and any person beneficially interested in the estate of a deceased Cap. 281 562 No. 38 of 2010] Anti-Corruption Act No. 15 of2004 person as though the estate were a person, and,.in relation to a public officer, the authority or body of persons in which the public office is held; "private body" means any.person or organisation not being a public body, a voluntary organisation, non-governmental organisation, charitable institution, company, partnership or a club; "public body" means the Government, any Ministry or department of the Government, the National Assembly, a local authority, parastatal, board, council, authority, commission or other body appointed by the Government, or established by, or under, any written law; "public funds" has the meaning assigned to it in the Public Finance Act, 2004 and includes funds donated to a non governmental organisation; "public officer" means any person who is a member of, or holds office in, or is employed in the service of, a public body, whether such membership, office or employment is pennanent or temporary, whole or part-time, paid or unpaid, includes a member of Parliament, and "public office" shall be construed accordingly; "relative" in relation to a person, means ( a) a spouse of that person; and (b) a brother, sister, nephew, niece, uncle, aunt, grand parent or cousin of that person or that person's spouse; Cap. 91 "repealed Act" means the Anti-Corruption Commission Act; "Secretary" means the person appointed Secretary under section thirteen; "seizure" means temporarily prohibiting the transfer, conversion, disposition or movement of any property or temporarily assuming the custody or control of property · on the basis of an order issued by a court or a notice by the Director-General; "sporting event" means an event or contest in any sport, between individuals or teams, or in which an animal competes, and which is usually attended by the public and is governed by rules of any sporting body or regulatory body; "staff' means the staff of the Commission appointed under section thirteen; ani:1 "valuable security" means any document - • • Anti-Corruption [No. 38 of 2010 563 (a) creating, transferring, surrendering or releasing any right to, in or over property; ( b) authorising the payment of money or delivery of any property; or ( c) evidencing the creation, transfer, surrender or release of any right, the payment of moneys or delivery of any property or the satisfaction of any obligation. PART II THE ANTI-CORRUPTION COMMISSION

Section 3Verify source

§ 1(!) The seal of the Commission shall be such device as mayProvision

The Commission’s seal is set by the Board, kept by the Secretary, and its affixing must be authenticated by the Chairperson or an authorised person.

1. (!) The seal of the Commission shall be such device as may be determined by the Board and shall be kept by the Secretary. Board of Commission (2) The affixing of the seal shall be authenticated by the Chairperson or any other person authorised in that behalf by a resolution of the Board. (3) Any document purporting to be under the seal of the Commission 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 further proof, unless the contrary is proved.

Section 1Verify source

§ 2ApplicationOffence

This section creates a Board of Commissioners as the Commission’s governing body and sets who appoints Commissioners, who may serve, and who cannot be appointed.

2. (1) There is hereby constituted a Board of Commissioners which shall be the governing body of the Commission. (2) The Board shall consist of the following Commissioners: (a) the Chairperson, who shall be a person who has held, or is qualified to hold, high judicial office; (b) the Vice-Chairperson; and (c) three other persons. (3) The Commissioners shall be appointed by the President, subject to ratification by the National Assembly, • ' j . ' I Anti-Corruption [No. 38 of 2010 593 (4) A person is eligible to be appointed as a Commissioner if that person - (a) is a citizen of Zambia; (b) is permanently resident in Zambia; (c) is of high integrity; and (d) has served with distinction at a senior level in a Government office or a registered profession or vocation. (5) A person shall not be appointed as a Commissioner if that ( person - (a) holds office in, or is an employee of, any political party; or (b) has been convicted of an offence involving fraud or dishonesty, or any other offence under this Act or any other written law and sentenced therefor to a term of imprisonment of six months or more without the option of a fine.

Section 2Verify source

§ 3InterpretationInterpretation

A Commissioner serves a three-year term, may be reappointed for one further three-year term, may resign with one month’s written notice to the President, and the office becomes vacant if listed conditions occur.

3. (!) A Commissioner shall, subject to the other provisions of this Schedule, hold office for a term of three years and may be appointed for a further period of three years: Tenure of office of Commissioner Provided that a Commissioner shall only hold office for two terms. (2) A Commissioner may resign upon giving one month's notice in writing to the President. (3) The office of a Commissioner shall become vacant - (a) if the Commissioner is absent, without reasonable excuse from three consecutive meetings of the Commission of which the Commissioner h!ls had notice; (b) if the Commissioner is adjudged bankrupt; (c) if the Commissioner is convicted of an offence under this Act or any other written law and sentenced therefor to imprisonment for a term of six months or more, without the option of a fine; (d) if the Commissioner is declared to be of unsound mind; or (e) upon the Commissioner's death.

Section 3Verify source

§ 4Continuation of CommissionProvision

A Commissioner must not take up office unless a declaration of assets and liabilities is furnished to the Chief Justice in the prescribed form.

4. A Commissioner shall not take up office unless the Declaration Commissioner furnishes a declaration of assets and liabilities to the of assets Chief Justice in the prescribed form.

Section 4Verify source

§ 5Autonomy of Commission·,·Provision

The Board may regulate its own procedures and must meet at least every three months.

5. ( 1) Subject to the other provisions of this Act, the Board may Proceedings regulate its own procedures. of Board ... ' 594 No. 38 of 2010] Anti-Corruption (2) The Board shall meet for the transaction of business at least once in every three months at such places and times as the Board may determine. (3) A meeting of the Board may be called by the Chairperson upon giving notice of not Jess than fourteen days, and shall be called by the Chairperson if not less than one third of the members so request in writing: Provided that if the urgency of any particular matter does not permit the giving of such notice, a special meeting may be called upon a shorter notice given by three members of the Board. (4) The Chairperson with two other Commissioners shall constitute a quorum at any meeting of the Board. (5) There shall preside at any meeting of the Board - (a) the Chairperson; (b) in the absence of the Chairperson, the Vice-Chairperson; or (c) in the absence of both the Chairperson and the Vice Chairperson, such other Commissioner as the Commissioners present may elect for the purpose of that meeting. (6) A decision of the Board on any question shall be by a majority of the Commissioners present and voting at the meeting and in the event ofan equality of votes, the person presiding at the meeting shall have a casting vote, in addition to that person's deliberative vote. (7) The Board may invite any person, whose presence is in its opinion desirable, to attend and to participate in the deliberations of a meeting of the Board, but such person shall have no vote. (8) The validity of any proceedings, acts or decisions of the Board shall not be affected by any vacancy in the membership of the Board or by any defect in the appointment of any Commissioner or by reason that any person not entitled to do so, took part in the proceedings.

Section 5Verify source

§ 6Functions of Commission·Provision

The Board may create committees, appoint their members, delegate functions to them, and committees may regulate their own procedure.

6. (I) The Board may, for the purpose of performing its functions 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. (2) Subject to subparagraph (I), the Board may appoint as members of a committee persons who are, or are not, Commissioners, except that at least one member of a committee shall be a Commissioner. Committees ofBoard Anti-Corruption [No. 38 of 2010 595 (3) A person serving as a member of a committee shall hold office for such period as the Board may determine. (4) Subject to any specific or general direction of the Board, a committee may regulate its own procedure.

Section 6Verify source

§ 7Instructions·by CommissionProvision

The Board may set the remuneration and allowances for a Commissioner or committee member, but only with the President’s approval.

7. There shall be paid to a Commissioner or a member of a committee such remuneration and allowances as the Board may determine with the approval of the President. Remuneration and allo)vances of Commissioners

Section 7Verify source

§ 8Reports and recommendation by CommissionCommencement

A person at a Board or committee meeting must declare a private interest in the matter and generally must not join the discussion or vote.

8. ( l ) If any person is present at a meeting of the Board or any committee at which any matter is the subject of consideration, and in which matter that person or that person's spouse, relative,friend or associate is directly or indirectly interested in a private capacity, that person shall, as soon as is practicable after the commencement of the meeting, declare such interest and shall not, unless the Board or the committee otherwise directs, take part in any consideration or discussion of, or vote on, any question relating to that matter. (2) A disclosure of interest made under subparagraph (!) shall be recorded in the minutes of the meeting at which it is made.

Section 8Verify source

§ 9Director-GeneralOffence

A person must not publish or disclose covered information without written consent from the Commission, unless doing so in the course of that person’s duties.

9. ( l ) A person shall not, without the consent in writing given by, or on behalf of, the Commission, publish or disclose to any unauthorised person, otherwise than in the course of duties of that person, the contents of any document, communication or information whatsoever, which relates to or which has come to the knowledge of that person in the course of that person's duties under this Act. (2) A person who contravenes subparagraph (!) commits an offence and is liable, upon conviction, to a fine not exceeding two hundred thousand penalty units or to imprisonment for a period not exceeding two years, or to both. (3) A person who, having any information which to the knowledge of that person has been published or disclosed in contravention of sub-paragraph (1), unlawfully publishes or communicates the information to any other person, commits an offence and is liable, upon conviction, to a fine not exceeding two hundred thousand penalty units or to imprisonment for a period not exceeding two years, or to both.

Section 9Verify source

§ 10Tenure of office of Director-GeneralProvision

No action or proceeding may be brought against a Commissioner or committee member for acts or omissions done in good faith while exercising or performing powers, functions, or duties under the Act.

10. An action or other proceeding shall not lie or be instituted against a Commissioner or a member of a committee of the Commission for, or in respect of, any act or thing done or omitted to be done in good faith in the exercise of or performance, or purported exercise or performance of any of the powers, functions or duties conferred under this Act. Disclosure of interest Prohibition of publication of, or disclosure of, information to unauthorised persons Immunity ) 596 No. 38 of 2010] Anti Corruption PART II FINANCIAL PROVISIONS Funds of Commission

Section 10Verify source

Part

PART II

§ 4Continuation of CommissionRepeal

The Anti-Corruption Commission continues to exist under this Act, has corporate status, and may do the acts a body corporate may lawfully do, subject to the Act.

4. (I) The Anti-Corruption Commission established under the repealed Act shall continue to exist as if established under this Act, and shall be a body_ corporate with perpetual succession and a common seal, capable of suing and of being sued in its corporate name and with power, subject to this Act, to do all such acts and things as a body corporate may, by law, do or perform. (2) The provisions of the State Proceedings Act shall apply to civil proceedings by, or against, the Commission as if, for a reference to the State there were substituted a reference to the Commission. (3) The provisions of the Schedule apply to the Commission.

Section 4Verify source

§ 5Autonomy of Commission·,·Provision

The Commission must not be directed or controlled by any person or authority when performing its functions, except where this Act provides otherwise.

5. Except as otherwise provided in this Act, the Commission shall not, in the performance of its functions, be subject to the direction or control ofany person or authority.

Section 5Verify source

§ 6Functions of Commission·Offence

The Commission must prevent corruption, investigate complaints and suspected corrupt practices, prosecute certain offences subject to the Director of Public Prosecutions’ directions, and may set up specialised units.

6. (I) The functions of the Commission are to-- (a) prevent and take necessary and effective measures for the prevention of corruption in public and private bodies, including, in particular, measures for- Continuation of Commission Cap. 91 Cap. 71 Autonomy of Commission Functions of Commission (i) examining the practices and procedures of public and private bodies in order to facilitate the discovery of opportunities of corrupt practices and secure the revision o( methods of work or procedures which in the opinion of the Commission, may be prone or conducive to corrupt practices; (ii) advising public bodies and private bodies on ways and means of preventing corrupt practices, and on changes in methods of work or procedures of such public bodies and private bodies compatible with the effective performance of their duties, which the Commission considers necessary to reduce the likelihood of the occurrence of corrupt practices; 564 No. 38 of 2010] Anti-Corruption • (iii) disseminating information on the evil and dangerous effects of corrupt practices on society; (iv) creation of committees in institutions for monitoring corruption fo the institution; and (v) enlisting and fostering public confidence and support against corrupt practices; (b) initiate, receive and investigate complaints of alleged or suspected corrupt practices, and, subject to the directions of the Director of Public Prosecutions, prosecute (i) offences under this Act; and (ii) such other offence under any other written law as may have come to the notice of the Commission during the investigati.on of an offence under this Act: Provided that nothing in this paragraph shall be considered as precluding any public prosecutor from prosecuting, subject to the directions of the Director of Pub lic Prosecutions, any offence under this Act which has come to the notice of the police during investigation of an offence under any written law; (c) investigate any conduct of any public officer which, in the opinion of the Commission, may be connected with or conducive to corrupt practices; (d) be the lead agency in matters of corruption; (e) co-operate with other institutions authorised to investigate, prosecute, prevent and combat corrupt practices so as to implement an integrated approach to the eradication of corruption; (j) consult, co-operate and exchange information with appropriate bodies of other countries that are authorised to conduct inquiries or investigations in relation to corrupt practices; and (g) do all such things as are incidental or conducive to the attainment of its functions. (2) The Commission may establish specialised units to investigate and deal with such matters as the Commission considers appropriate. Instructions by Commission

Section 6Verify source

§ 7Instructions·by CommissionOffence

The Commission may direct a public body to change its practices and procedures to prevent or reduce corrupt practices, and the body must make the changes within 90 days.

7. ( 1) The Commission may instruct a public body on practices and procedures that are necessary to prevent, reduce or eliminate the occurrence of corrupt practices. (2) A public body shall, not later than ninety days from the receipt of the instructions from the Commission pursuant to subsection ( 1 ), effect the necessary changes in its practices and procedures. Anti-Corruption [No. 38 of 2010 565 (3) A public body which considers that the changes in practices and procedures contained in the instructions from the Commission shall be impracticable or otherwise disadvantageous to the effective discharge of its functions shall, within thirty days of the receipt of the instructions, make representations to the Director-General in writing. ( 4) The Commission may, after considering the representations ofa public body made under subsection (3), confirm, vary or cancel the instruction given to the public body. (5) The head of a public body which fails to comply with the instructions of the Commission commits an offence and is liable, upon conviction, to a fine not exceeding one hundred thousand penalty units or to imprisonment for a period not exceeding one year, or to both. (6) In addition to the penalty prescribed in subsection (5), the head of the public body which fails to comply with the instructions of the Commission shall be subject to disciplinary action including dismissal from office by the relevant authority.

Section 7Verify source

§ 8Reports and recommendation by CommissionOffence

The Commission may recommend action to an appropriate authority after investigating an offence, and the authority must report back within 30 days after receiving the recommendation.

8. (I) The Commission may, after an investigation into an offence under this Act, depending on the findings made, make such recommendation as it considers necessary to an appropriate authority. Reports and recomme ndation by Commission Director General (2) An appropriate authority shall, within thirty days from the date of receipt of the recommendation of the Commission under subsection ( I ), make a report to the Commission on the action taken by the appropriate authority.

Section 8Verify source

§ 9Director-GeneralProvision

This section creates a Director-General for the Commission, requires presidential appointment ratified by the National Assembly, and bars the Director-General from holding another paid public office while in post.

9. (1) There shall be a Director-General of the Commission who shall be the chief executive officer of the Commission. (2) The Director-General shall be appointed by the President, subj ect to ratification by the National Assembly, on such terms and conditions as the President may determine. (3) A person is not qualified to be appointed as Director-General unless the person is qualified to be appointed judge of the High Court. ( 4) The Director-General shall be responsible for (a) the control, direction, management and administration of the Commission; and (b) the implementation of any policy matters referred to the Director-General by the Board. (5) The Director-General may, subject to any specific or general direction of the Board, make standing orders providing for- ( a) the control, direction and administration of the Commission; 566 No. 38 of 2010] Anti-Corruption Tenure of office of Director General (b) the discipline, training, classification and promotion of officers of the Commission; (c) the duties of officers of the Commission; and (d) such other matters as the Director-General may consider necessary or expedient for preventing the abuse of power or neglect of duty by officers or other staff. (6) The Director-General shall not, while holding the office of Director-General, discharge the duties of any other office of emolument in the Republic.

Section 9Verify source

§ 10Tenure of office of Director-GeneralCommencement

The Director-General must leave office at 65, may resign with three months’ written notice, and must take an oath or affirmation before the President before starting office.

10. (I) Subject to subsection (2), a person appointed Director General shall vacate that office on attaining the age of sixty-five years: Provided that the President may permit a person who has attained that age to continue in office for such period as may be necessary to enable that person to do anything in relation to proceedings that were commenced before the person attained that age. (2) A person appointed Director-General may be removed from office for inability to perform the functions of office, whether arising from infirmity of body or mind or from any other cause, or for misbehaviour. (3) If the President considers that the question of removing a person holding the office of Director-General from office ought to be investigated, then- (a) the President shall appoint a tribunal which shall consist of a Chairperson and not less than two other members, who hold or have held high judicial office; (b) the tribunal shall inquire into the matter and report on the facts thereof to the President and advise the President whether the person holding the office of Director General ought to be removed from office under this section for incompetence or inability or for misbehaviour. ( 4) Where a tribunal appointed under subsection (2) advises the President that a person holding the office of Director-General ought to b e removed from office for incompetence or inability or for misbehaviour, the President shall remove the person from office. (5) If the question of removing a person holding the office of Director-General from office has been referred to a tribunal under this section, the President may suspend that person from performing the functions of the person's office, and 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 that the person ought not to be removed from office. • • Anti-Corruption [No. 38 of 2010 567 (6) The Director-General may resign by giving three months' notice, in writing, to the President, of the Director-General's intention to resign. (7) The Director-General shall, before taking office, take an oath or affirmation before the President in the prescribed manner and form.

Section 10Verify source

§ 11Powers of Director-GeneralOffence

The Director-General may direct Commission investigations, require documents or answers, and require surrender of travel documents in some cases; non-compliance is an offence punishable by up to two years’ imprisonment.

11. ( l) The Director-General may, for the performance of the Commission's functions under this Act- (a) authorise, in writing, any officer of the Commission to conduct an inquiry or investigation into alleged or suspected offences under this Act; (b) require the head, chairperson, manager, chief executive officer or person in charge 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 that person's possession or under that person's control and which the Director General considers necessary for the conduct of an investigation into alleged or suspected offences under this Act: Provided that if the document is classified or falls Powers of Director General under the State Security Act, the Commission Cap. 1 1 1 may apply to a judge in chambers to determine whether the document is likely to - (i) prejudice the security, defence or international relations of the Republic; or (ii) involve the disclosure of any matter or deliberations of a secret or confidential nature of the Government; or (c) require any person to answer, to the best of that person's knowledge and belief, questions with respect to the whereabouts or existence of any documents or records that may be relevant to an investigation. (2) In determining an application under paragraph (b) of subsection (I), the court may - (a) order the release of the document; or (b) confirm that the release of the document will prejudice the security, defence or international relations of the Republic or involve the disclosure of a confidential matter of Government. (3) Notwithstanding any written law to the contrary, the Director General may, where the Director-General has reasonable grounds to believe that a person who is the subject of an investigation in respect of an offence under this Act is likely to leave Zambia, • 568 No. 38 of 2010] Anti-Corruption require such person to surrender their travel document or any other document in that person's possession. (4) The Commission shall, where a person surrenders that person's travel document pursuant to subsection ( I ), return the document after the investigation of the offence is completed, and if no criminal proceedings are to be instituted. (S) A person who is aggrieved with the decision of the Director General made pursuant to subsection ( 1) may apply to the High Court. ( 6) The High Court may, upon hearing an application made under subsection (3), reverse, vary or dismiss the application or make such other order as the court considers appropriate. (7) A person who fails to comply with the decision of the Director-General under subsection (I) commits an offence and is liable, upon conviction, to imprisonment for a period not exceeding two years.

Section 11Verify source

§ 12Deputy Director-GeneralProvision

The President appoints a Deputy Director-General, who must assist the Director-General, meet a judge-level qualification test, take an oath or affirmation on appointment, and may resign with three months’ written notice.

12. (I) The President shall appoint a Deputy Director-General on such terms and conditions as the President may detennine. (2) The Deputy Director-General shall assist the Director General in performing the Director-General's duties under this Act. (3)A person shall not qualify for appointment as Deputy Director General unless the person is qualified to be appointed judge of the High Court. ( 4) If the office 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 that office, the Deputy Director-General shall, save where the President otherwise directs, act as Director General. (5) If both the Director-General and the Deputy Director General are absent from duty or unable for any other reason to perform the functions of their offices, the President shall appoint another person to act as Director-General. (6) The Deputy Director-General may resign by giving three months' notice, in writing, to the President, of the Deputy Director General's intention to resign. (7) The Deputy Director-General shall, on appointment, take an oath or affirmation before the President in the prescribed manner and form.

Section 12Verify source

§ 13Investigating officers, Secretary and other staff of CommissionProvision

The Commission can appoint staff and advisors, and the Secretary and other appointed personnel must take an oath before the Director-General.

13. (I) The Commission may appoint investigating officers, the Secretary and such other staff of the Commission, on such terms and conditions as the Commission may determine, to assist the Director-General in the performance of the Director-General's functions under this Act. Deputy Director General Investigating officers, Secretary aad other staff of Commission Anti-Corruption [No. 38 of 2010 569 (2) The Secretary shall be in charge of the general administration and shall keep the records of the Commission. (3) An officer shall have such powers, functions and duties as provided for, or as delegated to the officer, by the Director-Genera] under this Act. ( 4) The Director-General may, if satisfied that it is in 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. (S)A person aggrieved with the decision of the Director-General to terminate that person's employment pursuant to subsection (3) may appeal against that decision to the Board. ( 6) The Commission may, in the exercise of its functions, engage the services of such advisors and experts as it considers necessary. (7) The Secretary, advisors, experts and other members of staff of the Commission shall, on appointment, take an oath or affirmation before the Director-General in the prescribed manner and form.

Section 13Verify source

§ 14Declaration of assetsProvision

Certain Commission officials must file a written declaration of assets and liabilities before taking office.

14. (I) The Director-General, Deputy Director-General, officers and Secretary shall, before taking office under this Act - (a) in the case of the Director-General, Deputy Director General and Secretary, submit to the Chief Justice a written declaration, in the prescribed form, of all the assets they own or liabilities owed to them; and (b) in the case of the other staff of the Commission, submit to a magistrate a written declaration, in the prescribed form, of all the assets they own or liabilities owed to them.

Section 14Verify source

§ 15Identity cardProvision

The Director-General must issue an identity card to a Commission officer, and the officer must carry and show it when carrying out functions under the Act.

15. (I) The Director-General shall issue to an officer of the Commission an identity card which shall be primafacie evidence of the officer's appointment as such. (2) An officer shall, in performing any function under this Act (a) be in possession of the identity card referred to in subsection (I); and (b) show the identity card to any person who requests to see it or is subject to an investigation under this Act.

Section 15Verify source

§ 16Prohibition of disclosure of information to unauthorised personsOffence

A person must not publish or disclose protected information without written consent from, or on behalf of, the Commission, except in the course of that person's duties.

16. (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 document, communication or information which relates to, or which has come to that person's knowledge in the course of that person's duties under this Act. (2) A person who contravenes subsection (I) commits an offence and is liable, upon conviction, to a fine not exceeding two hundred Declaration of assets Identity card Prohibition of disclosure of information to unauthorised persons 570 No. 38 of 2010) Anti-Corruption thousand penalty units or to imprisonment for a period not exceeding tv,o years, or to both. (3) A person who having information which to that person's knowledge has been published or disclosed in contravention of subsection ( I ), unlawfully publishes or communicates such information to any other person, commits an offence and is liable, upon conviction, to a fine not exceeding two hundred thousand penalty units or to imprisonment for a period not exceeding two years, or to both.

Section 16Verify source

§ 17Immunity of staffOffence

Commission staff are generally immune from civil or criminal proceedings for good-faith acts done in their functions, but not for acts outside their office functions.

17. ( I ) No proceedings, civil or criminal, shall lie against an officer or member of staff of the Commission for anything done in good faith in the exercise of the officer's or member of staff's functions under this Act. (2) For the avoidance of any doubt, nothing in this section shall protect any officer or member of staff for anything done outside the functions of office. (3) An officer or member of staff of the Commission who commits an offence under this Act or any other written law is liable to prosecution for that offence. ( 4) An officer of the Zambia Police Force, the Drug Enforcement Commission or any other law enforcement agency may, where an officer or a member of staff of the Commission commits an offence under this Act or any other written law, investigate the offence.

Section 17Verify source

§ 18Impersonation and procurement of officerOffence

A person must not impersonate a Commission officer or claim powers of such an officer, or falsely claim they can get an officer to act or not act; doing so is an offence punishable by at least two years’ imprisonment on conviction.

18. A person who pretends to-- (a) be an officer of the Commission or to have any of the powers of an officer under this Act, or under any authorisation or warrant issued under this Act; or (b) be able to procure an officer of the Commission to do or refrain from doing anything in connection with the duties of such officer; commits an offence and is liable, upon conviction, to imprisonment for a period of not less than two years. Immunity of staff Impersonation and procurement of officer PART III CORRUPT PRACTICES Corrupt practices by, or with, public officers

Section 18Verify source

§ 11Powers of Director-GeneralProvision

The Commission’s funds come from parliamentary appropriations, grants or donations, and other monies accruing to it. The Commission may accept grants or donations and raise loans, but only with the President’s approval. The Board may invest unused Commission funds.

11. ( I ) The funds of the Commission shall consist of such monies as may - (a) be appropriated to the Commission by Parliament for the purposes of the Commission; (b) be paid to the Commission by way of grants or donations; and (c) otherwise vest in or accrue to the Commission. (2)The Commission may, subject to the approval of the President- (a) accept monies by way of grants or donations from any source within or outside Zambia; and (b) raise by way ofloans or otherwise, such monies as it may require for the discharge of its functions. (3) There shall be paid from the funds of the Commission (a) the salaries, allowances, pensions and loans of the members of staff of the Commission; (b) such reasonable travelling and other allowances for the Commissioners and the members of any committee when engaged on the business of the Commission, at such rates as the Board may determine; and (c) any other expenses incurred by the Commission in the performance of its functions under this Act. ( 4) The Board may invest in such manner as it considers appropriate such funds of the Commission which it does not immediately require for the performance of its functions.

Section 11Verify source

§ 12Deputy Director-GeneralProvision

The Commission’s financial year is 12 months long and ends on 31 December each year.

12. The financial year of the Commission shall be a period of twelve months ending on 3 1 st December in each year. Financial year Accounts

Section 12Verify source

§ 13Investigating officers, Secretary and other staff of CommissionProvision

The Commission must keep proper accounting records, have its accounts audited annually, and pay the Auditor-General’s fees.

13. ( I ) The Commission shall cause to be kept proper books / of account and other records relating to its accounts. (2) The accounts of the Commission shall be audited annually by the Auditor-General or an auditor appointed by the Auditor General. (3) The Auditor-General's fees shall be paid by the Commission.

Section 13Verify source

§ 14Declaration of assetsProvision

14. ( I ) As soon as practicable, but not later than ninety days after the end of the financial year, the Commission shall submit to the President a report concerning its activities during the financial year. Annual report Anti-Corruption [No. 38 of 2010 597 (2) The report referred to in subparagraph ( I ) shall include information on the financial affairs of the Commission and there shall be appended to the report - (a) an audited balance sheet; (b) an audited statement of income and expenditure; and ( c )such other information as the President may require. (3) The President shall, not later than seven days after the first sitting of the National Assembly next after receipt of the report referred to in subparagraph (!), lay the report before the National Assembly.

Section 14Verify source

Part

PART III

§ 19( 1 ) A public officer who, by oneself, or by, or in conjunctionOffence

Public officers and other persons commit an offence if they corruptly give, offer, promise, request, accept, or try to obtain gratification linked to public matters.

19. ( 1 ) A public officer who, by oneself, or by, or in conjunction with, any other person, corruptly solicits, accepts or obtains, or agrees to accept or attempts to receive or obtain, from any person for oneself 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 any matter or transaction, actual or proposed, with which any public body is or may be concerned, commits an offence. Anti-Corruption [No. 38 of 2010 571 (2) A person who, by oneself, or by, or in conjunction with, any other person, corruptly gives, promises or offers 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, actual or proposed, with which any public body is or may be concerned, commits an offence.

Section 19Verify source

§ 20(!)A person who, by oneself, or by, or in conjunction with,Offence

A person commits an offence if they corruptly seek, take, or arrange gratification for an inducement or reward connected to a matter involving a private body.

20. (!)A person who, by oneself, or by, or in conjunction with, any other person, corruptly solicits, accepts or obtains, or agrees to accept or attempts to receive or obtain, from any person for oneself or for any other person, any gratification as an inducement or reward for doing or forbearing to do, or for and having done or forborne to do, anything in relation to any matter or transaction actual or proposed, with which any private body is or may be concerned, commits an offence. (2)A person who, by oneself, or by, or in conjunction with, any other person, corruptly gives, promises or offers any gratification to any person, whether for the benefit of that person or of any other person, as an inducement or reward for doing or forbearing to do, or for having done or forborne to do, anything in relation to any matter or transaction, actual or proposed, with which any private body is or may b e concerned, commits an offence.

Section 20Verify source

§ 21C6rrupt use ofofficial powerOffence

Public officers and other persons must not corruptly exchange gratification in relation to matters linked to a public officer’s duties or authority.

21. (I) A public officer who, being concerned with any matter or transaction falling within, or connected with, that public officer's jurisdiction, powers, duties or functions, corruptly solicits, accepts or obtains, or agrees to accept or attempts to receive or obtain for oneself or for any other person any gratification in relation to such matter or transaction, commits an offence. (2) A person who, being concerned with any matter or transaction falling within the scope of authority, or connected with the jurisdiction, powers, duties or functions of any public officer, by oneself, or by, or in conjunction with, any other person, corruptly gives, promises or offers any gratification, whether directly or indirectly, to such public officer either for oneself or for any other person, commits an offence.

Section 21Verify source

§ 22(I) An agent who corruptly solicits, accepts or obtains, orOffence

An agent or other person commits an offence if they corruptly exchange gratification linked to the principal’s business, or if they use false or misleading business documents with intent to deceive the principal.

22. (I) An agent who corruptly solicits, accepts or obtains, or agrees to accept or attempts to receive or obtain, from any person for oneself 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 the principal 's affairs or business, or for showing or having shown favour or disfavour to any person in relation to the principal's affairs or business, commits an offence. Corrupt transactions by, or with, private bodies Corrupt use of official power Corrupt transactions by, or with, agents 572 No. 38 of 2010) Anti-Corruption (2) A person who corruptly gives, promises or offers any gratification to an agent as an inducement or reward for doing or forbearing to do, or for having done or forborne to do, anything in relation to the principal 's affairs or business, or for showing or having shown favour or disfavour to any person in relation to the principal's affairs or business, commits an offence. (3) A person who gives to an agent, or any agent who, with intent to deceive the principal, uses any receipt, account or other document in respect of which the principal is interested or which relates to the principal's affairs or business and which contains any statement which is false or erroneous or defective in any material particular, and which to the agent's knowledge or belief is intended to mislead the principal, commits an offence.

Section 22Verify source

§ 23( 1) A person who being a member of any public or privateOffence

A person who corruptly bribes or takes a gratification connected to voting, official acts, or contracts/advantages involving a public or private body commits an offence.

23. ( 1) A person who being a member of any public or private body by oneself, or by, or in conjunction with, any other person, corruptly solicits, accepts or obtains, or agrees to accept or attempts to receive or obtain, from any person for oneself or for any other person, any gratification as an inducement or reward for- (a) that person's voting or abstaining from vqting at any meeting of such public or private body in favour of, or against, any measure, matter, resolution or question submitted to such public or private body; (b) that person's performing or abstaining from performing, or for that person's aid in procuring, expediting, delaying, hindering or preventing the performance of, any official act by such public or private body; or (c) that person's aid in procuring or preventing the passing of any vote or the granting of any contract or advantage in favour of any person; commits an offence. (2) A person who, by oneself or by, or in conjunction with, any other person, corruptly gives, promises or offers any gratification to a member of any public or private body in any circumstance referred to in subsection (I), commits an offence.

Section 23Verify source

§ 24(I) A person who, directly or indirectly, corrupts a witnessOffence

Corrupting a witness, offering a witness gratification to affect testimony, or a witness soliciting or taking such gratification is an offence punishable by up to five years’ imprisonment.

24. (I) A person who, directly or indirectly, corrupts a witness so as to induce false testimony from the witness in a trial, hearing or other proceeding before any court, tribunal, judicial officer, committee, commission or any officer authorised by law to hear evidence or take testimony commits an offence and is liable, upon conviction, to imprisonment for a term not exceeding five years. (2)A person who, by oneself, or by, or in conjunction with, any other person, corruptly promises, offers or gives any gratification to any witness whether for the benefit of that witness or any other person, with intent to influence the witness to be absent from trial, to give false testimony or withhold testimony, commits an offence and is liable, upon conviction, to imprisonment for a period not exceeding five years. Corruption of members of public or private bodies with regard to meetings Corruption of witness • • r Anti-Corruption [No. 38 of 2010 573 (3) A witness who, by oneself or by, or in conjunction with, any other person, corruptly solicits, accepts or receives, or agrees to accept or attempts to receive or obtain, from any person for oneself or another person, any gratification as an inducement or reward whether for the witness's benefit or any other person, in order for the witness to be absent from trial or to give false testimony or withhold testimony, commits an offence and is liable, upon conviction, to imprisonment for a period not exceeding five years.

Section 24Verify source

§ 25Corrupt practices by, or with, foreign public officialsOffence

It is an offence to corruptly give, offer, or promise a gratification to a foreign public official, and it is also an offence for a foreign public official to corruptly solicit, accept, or seek such a gratification.

25. ( 1) A person who, by oneself or by, or in conjunction with, any other person, corruptly promises, offers or gives any gratification to any foreign public official, whether for the benefit of that foreign public official or any other person, as an inducement or reward for doing or forbearing to do, or for having done or forborne to do, anything in relation to any matter or transaction, actual or proposed, with which any foreign public body is or may be concerned, commits an offence. (2)Aforeign public official who, by oneselfor by, or in conjunction with, any other person corruptly solicits, accepts or obtains, or agrees to accept or attempts to receive or obtain, from any person for oneself or for any other person, any gratification as an inducement or reward for doing or forbearing to do, or for having done or forbone to do, anything in relation to any matter or transaction, actual or proposed, with which any foreign public body is or may be concerned, commits an offence.

Section 25Verify source

§ 26Corruption in relation to sporting eventsOffence

A person commits an offence if they corruptly offer, give, request, accept, or agree to accept gratification to influence the run of play or outcome of a sporting event.

26. A person who, directly or indirectly, corruptly - (a) solicits or accepts or agrees to accept any gratification, whether for the benefit of that person or any other person, as an inducement or reward for a person influencing or having influenced the run of play or the outcome of any sporting event; or (b) offers or gives or agrees to give to any other person any gratification as an inducement to influence or as a reward for influencing or having influenced the run of play or the outcome of a sporting event; commits an offence.

Section 26Verify source

§ 27Conflict of interest ·Offence

A public officer must disclose in writing any direct or indirect private or personal interest to the public body, and must not vote or take part in proceedings on a decision where the officer, or a relative or associate, has a personal interest.

27. ( 1) Where a public body in which a public officer is a member, director, employee or is otherwise engaged proposes to deal with any person or company, partnership or other undertaking in which that public officer has a direct or indirect private or personal interest, that public officer shall forthwith disclose, in writing to that public body, the nature of such interest. (2) Where a public officer or a relative or associate of such public officer has a personal interest in a decision to be taken by a public body, that public officer shall not vote or take part in any proceedings or process of that public body relating to such decision. Corrupt practices by, or with, foreign public official Corruption in relation to sporting events Conflict of interest 574 No. 38 of 2010] Anti-Corruption Gratification for giving assistance, etc., with regard to contracts (3) A public officer who contravenes subsection ( 1 ) or (2) commits an offence and is liable, upon conviction, to imprisonment for a period not exceeding three years.

Section 27Verify source

§ 28Gratification for giving assistance, etc. with regard to contractsOffence

Public officers and other persons must not corruptly exchange gratification for assistance or influence in contract-related matters.

28. ( 1) A public officer who, directly or indirectly, by oneself, or by, or in conjunction with, any other person, corruptly solicits, accepts or obtains, or agrees to accept or attempts to receive or obtain, from any person for oneself or for any other person, any gratification as an inducement or reward for or otherwise on account of, that public officer giving assistance or using influence in, or having given assistance or used influence in- (a) the promotion, execution or procurement of.- (i) any contract with a public body or private body for the performance of any work, the provision of any service, the doing of anything or the supplying of any article, material or substance; or (ii) any sub-contract to perform any work, provide any service, do anything or supply any article, material or substance required to be ·performed, provided, done or supplied under any contract with a public body or private body; or (b) the payment of the price, consideration o r other moneys stipulated or otherwise provided for in any contract or sub-contract; commits an offence. (2) A person who corruptly gives, promises or offers any gratification to any public officer as an inducement or reward for, or otherwise on account of, such public officer giving assistance or using influence in, or having given assistance or used influence in- (a) the promotion, execution or procurement of; or ( b) the payment of the price, consideration or other moneys stipulated or otherwise provided for in; any contract or sub-contract commits an offence.

Section 28Verify source

§ 29Gratification for procuring withdrawal of tenderOffence

A person commits an offence if they corruptly offer, give, accept, or seek gratification linked to withdrawing or not making a tender for a contract.

29. ( 1 ) A person who, directly or indirectly, by oneself, or by, or in conjunction with, any other person, corruptly solicits, accepts or obtains, or agrees to accept or attempts to receive or obtain from any person for oneself or for any other person, any gratification as an inducement or reward for or otherwise on account of, the withdrawal of a tender, or the refraining from the making of a tender, for any contract with a public body or private body for the performance of any work, the provision of any service, the doing of anything or the supplying of any article, material or substance, commits an offence. Gratification for procuring withdrawal of tender • • Anti-Corruption (No. 38 of 2010 575 (2) A person who corruptly gives, promises or offers any gratification to any other 'person as an inducement or reward for, or otherwise on account of, the withdrawal of a tender, or the refraining from making of a tender, for a contract commits an offence.

Section 29Verify source

§ 30Obstruction of justiceOffence

A person who uses corrupt means to interfere with official duties, or who offers, gives, accepts, or tries to obtain a gratification for certain interference or prosecution-related acts, commits an offence punishable by up to two years’ imprisonment.

30. ( 1) A person who, by use of corrupt means interferes with the exercise ofofficial duties by a judge, magistrate,judicial officer or any other arbiter or law enforcement officer, commits an offence and is liable, upon conviction, to imprisonment for a period not exceeding two years. (2)A person who accepts or obtains, agrees to accept or attempts to obtain, or offers or gives, a gratification for oneself or for any other person in consideration of that person - (a) concealing 'an offence; (b) shielding any other person from legal proceedings for an offence; (c) not proceeding against any other person in relation to an alleged offence; or (d) abandoning or withdrawing, or obtaining or endeavoring to obtain the withdrawal of, a prosecution against any other person; commits an offence and is liable, upon conviction, to imprisonment for a period not exceeding two years.

Section 30Verify source

§ 31(!) A person who, directly or indirectly by oneself, or by, orOffence

It is an offence to corruptly give, receive, ask for, or try to obtain gratification in connection with someone refraining from bidding at an auction.

31. (!) A person who, directly or indirectly by oneself, or by, or in conjunction with, any other person, corruptly solicits, accepts or obtains, or agrees to accept or attempts to receive or obtain, from any person for oneself or for any other person, any gratification as an inducement or reward for or otherwise on account of, that person refraining or having refrained from bidding at any sale by auction conducted by, or on behalf of, any public body or private body, commits an offence. (2) A person who corruptly gives, promises or offers any gratification to any other person as an inducement or reward for, or otherwise on account of, that other person's refraining or having refrained from bidding at an auction commits an offence.

Section 31Verify source

§ 32Coercion of investorOffence

Concealing property to force an investor to abandon an investment is an offence and can lead to a fine, imprisonment, or both.

32. A public officer who - (a) performs or abstains from performing any act in that public officer's capacity as a public officer; (b) expedites, delays, hinders or prevents the performance of any act; or (c) assists, favours, hinders or delays any person in the transaction of any business with a public body; Obstruction of justice Gratification with regard to bidding at auction sale Coercion of investor 576 No. 38 of 2010] Anti-Corruption Corrupt acquisition of public property and revenue Electoral corruption Act No. 12 of2006 Concealment of property in order that an investor or potential investor is coerced, compelled or induced to abandon the investment or induced to abandon the investment to the advantage of another person, commits an offence and is liable, upon conviction, to a fine ofnot less than two hundred thousand penalty units orto imprisonment for a period not exceeding two years, or to both.

Section 32Verify source

§ 33( 1) A person who fraudulently or unlawfullyOffence

This section makes it an offence to fraudulently or unlawfully deal with public property, public services or tax-related payments, and to misuse public revenue or ignore related legal procedures.

33. ( 1) A person who fraudulently or unlawfully - (a) acquires public property or a public service or benefit; (b) diverts any public property for that person's or another person's benefit; (c) mortgages, charges or disposes ofany public property; or (d) obtains any exemption, remission, reduction or abatement from payment of any tax, fee, levy or charge required to be paid under any law; commits an offence. (2) A person whose functions concern the administration, custody, management, receipt or use of any part of public revenue or public property commits an offence if that person - (a) fraudulently makes payment from the public revenue for- (i) goods not supplied or not supplied in full; or (ii) services not rendered or not adequately rendered; or (b) willfully fails to comply with any law or applicable procedures or guidelines relating to the procurement, allocation, sale or disposal of property, tendering of contracts, management of funds or incurring of public expenditures. (3) A person who commits an offence under this section is liable, upon conviction, to imprisonment for a period not exceeding five years. (4) For the purposes of this section, "public property" means real or personal property, including public funds or money of a public body or under the control of, or consigned or due to, a public body.

Section 33Verify source

§ 34Electoral corruptionOffence

The Commission may investigate and prosecute bribery offences prescribed under the Electoral Act, 2006.

34. The Commission has jurisdiction to investigate and prosecute any offence of bribery prescribed under the Electoral Act, 2006.

Section 34Verify source

§ 35Concealment ofpropertyOffence

A person commits an offence if they handle property connected to corruption or related offences in ways that conceal its illicit origin or disguise its details.

35. A person who - (a) converts, transfers or disposes of property, knowing that such property is the proceeds of corruption or related offences for the purpose of concealing or disguising the illicit origin of the property or of helping any other person who is involved in the commission of the offence to evade the consequences of that person's action; Anti-Corruption [No. 38 of 2010 577 (b) conceals or disguises the true nature, source, location, disposition, movement or ownership of or rights with respect to property which is from the proceeds of corruption or related offences; or (c) acquires, possesses or uses any property with the knowledge at the time ofreceipt, that such property is from the proceeds of corruption or related offences; commits an offence and is liable, upon conviction, to imprisonment for a period not exceeding two years.

Section 35Verify source

§ 36Dealing with, using and concealing gratificationOffence

A person commits an offence if they knowingly use, receive, hold, control, or conceal property obtained as gratification or from crime proceeds.

36. A person who, directly or indirectly, whether on that person's behalf or any other person, knowingly uses or causes to be used, or receives, holds, controls or conceals any property or any part thereof, which was obtained as gratification, or derived from the proceeds of 9rime obtained in the commission of an offence under this Part commits an offence.

Section 36Verify source

§ 37A person commits an offence who with intent to defraud orOffence

A person commits an offence if, with intent to defraud, conceal an offence, or obstruct an investigating officer, they tamper with records or electronic devices, make false entries, or omit information.

37. A person commits an offence who with intent to defraud or to conceal the commission of an offence under this Part or to obstruct an officer in the investigation of any offence--- -· Dealing with, using and concealing gratification Concealment of offence (a) destroys, alters, mutilates or falsifies any book, document, valuable security, account, computer system, disk, computer printout or other electronic device which belongs to or is in the possession of or has been received by that person or that person's employer, or any entry in such book, document, account or electronic device, or is privy to any· such act; ( b) makes or is privy to the making of any false entry in any book, document, account or electronic device; or (c) omits or is privy to the omission of any information from any book, document, account or electronic device .

Section 37Verify source

§ 38Public officer's duty to reportOffence

A public officer who receives a corrupt gratification must report it to the Commission or police within 24 hours, or commits an offence with a fine or up to 2 years’ imprisonment. Officers of the Commission or police may arrest and search in related cases, subject to a same-sex search rule.

38. (1) A public officer to whom any gratification is corruptly given, promised or offered shall make a full report of the circumstances of the case to an officer of the Commission or a police officer within twenty-four hours of the occurrence of the event, and if the public officer fails to do so without reasonable cause, commits an offence and is liable, upon conviction, to a fine not exceeding two hundred thousand penalty units or to imprisonment for a period not exceeding two years, or to both. (2) An officer of the Commission or a police officer may arrest . without warrant any person in respect of whom a report is made under subsection (1). (3) An officer of the Commission or a police officer may search any person arrested for an offence under this Act and take possession of all the articles found upon that person which the police officer or Public officer's duty to report • • • 578 No. 38 of 2010] Anti-Corruption officer of the Commission believes upon reasonable grounds to constitute evidence of the commission of an offence by that person under this Part: Provided that a person shall not be searched except by a police officer, or officer of the Commission or by any person authorised in that behalf by a police officer or officer of the Commission, of the same sex. (I) A person who aids, abets or counsels or conspires with any person to commit an offence under this Part, commits an offence and is liable, upon conviction, to a sentence as if that person committed the offence.

Section 38Verify source

§ 39Attempts and conspiraciesOffence

A person who attempts to commit an offence under this Act commits an offence and, if convicted, is sentenced as if the offence had been completed.

39. (2) A person who attempts to commit an offence under this Act commits an offence and is liable, upon conviction, to a sentence as if that person committed the offence.

Section 39Verify source

§ 40General penaltyOffence

A person convicted of an offence under this Part, where no penalty is otherwise provided, can face imprisonment and forfeiture.

40. A person who is convicted of an offence under this Part, for which no penalty is provided, is liable- ( a) upon conviction, to imprisonment fora period not exceeding ten years; . (b) upon a second or subsequent conviction, to imprisonment for a term of not less than five years but not exceeding ten years; and (c) in addition to any other penalty imposed under this Act, to forfeiture to the State of any pecuniary resource, property, advantage, profit or gratification received in the commission of an offence under this Act.

Section 40Verify source

§ 41RestitutionOffence

After a conviction under this Part, the court may order the convicted person to pay the rightful owner the amount or value of any gratification received.

41. Where a person is convicted of an offence under this Part, the court may, in addition to the sentence that it may impose under section forty. order the convicted person to pay to the rightful owner the amount or value, as determined by the court, of any gratification actually received by that person, and such order shall be deemed to form part of the sentence: Provided that where, after reasonable inquiry, the rightful owner cannot be ascertained or traced, or where the rightful owner is implicated in the giving of the gratification, the court shall order that the amount or value iliereofbe paid into the general revenues of the Republic.

Section 41Verify source

§ 42Recovery of gratification by distress, etcOffence

Fines and ordered gratification amounts may be recovered by distress and sale of the sentenced person’s movable and immovable property.

42. Any fine imposed under the provisions of this Part and the amount or value of any gratification ordered to be paid under section forty-five may be recovered in accordance with the provisions of sections Y,ree hundred and eight and three hundred and nine of the Criminal Procedure Code by distress and sale of the movable and immovable property of the person sentenced. Attempts and conspiracies General penalty Restitution Recovery of gratification by distress, etc. Cap. 88 • • Anti-Corruption [No. 38 of 2010 579

Section 42Verify source

§ 43Recovery of gratification corruptly received by agentOffence

A principal may recover, as a civil debt, the amount or value of a gratification from an agent if it was given in contravention of the Act.

43. ( l ) Where a person gives gratification to, or for, or on account of, an agent in contravention of any provision of this Act, the principal may recover, as a civil debt, the amount or value of such gratification from the agent, and the acquittal of the agent or such person in respect of an offence under this Part shall not operate as a bar to any proceedings for such recovery. (2) Nothing in subsection (1) shall be deemed to prejudice or affect any right which any principal may have under any written law or rule to recover from the agent any money or property.

Section 43Verify source

§ 44Certification of Government valuation officer or other specialist valuerProvision

In proceedings under this Act, a certificate from a Government valuation officer or other specialist valuer is sufficient proof of the value stated, unless the contrary is proved.

44. In any proceedings under this Act, a certificate by a Government valuation officer or other specialist valuer with respect to the value of any gratification or of any movable or immovable property shall be sufficient proof of such value, unless the contrary is proved.

Section 44Verify source

§ 45Effect ofconvictionOffence

A person convicted of an offence under this Part is disqualified for 10 years from being elected or appointed to, or holding, any office or position in a public body.

45. A person convicted of an offence under this Part shall, by reason of such conviction, be disqualified for a period often years from the date of such conviction, from being elected or appointed to, or from holding or continuing to hold, any office or position in any public body.

Section 45Verify source

§ 46Offences by body corporate or unincorporate bodyOffence

If a company or other body commits an offence under the Act, its directors or managers can be held liable on conviction as if they had committed it themselves, unless they prove lack of knowledge, consent, connivance, or reasonable steps to prevent it.

46. Where an offence under this Act is committed by a body corporate or unincorporate body, every director or manager of the body corporate or unincorporate body shall be liable, upon conviction, as if the director or manager had personally committed the offence, unless the director or manager proves to the satisfaction of the court that the act constituting the offence was done without the knowledge, consent or connivance of the director or manager or that the director or manager took reasonable steps to prevent the commission of the offence. Recovery of gratification corruptly received by agent Certificate of Government valuation officer or other specialist valuer Effect of conviction Offences by body corporate or unincorporate body PART IV INVESTIGATION OF CORRUPT PRACTICES

Section 46Verify source

Part

PART IV

§ 47(I) A person who alleges that another person has engageclOffence

A person may lodge a complaint with the Commission about an alleged or impending corrupt practice, and the Commission may investigate and refer offences to another investigative authority or agency.

47. (I) A person who alleges that another person has engagecl or is about to engage in a corrupt practice may lodge a complaint with the Commission in the prescribed manner and form. (2) The Commission may investigate a matter under this Act on receipt of a complaint or on its own initiative. (3) The Commission may refer any offence that comes to its notice in the course of an investigation under subsection (2) to any other appropriate investigation authority or agency.

Section 47Verify source

§ 48Consideration ofcomplaintOffence

The Director-General must examine complaints about alleged corrupt practices and decide whether to investigate, refer the matter, or inform the complainant.

48. (1) The Director-General shall, upon receipt of a complaint under section forty-six, examine each alleged corrupt practice and decide whether or not an investigation in relation to the allegation is warranted. Lodging of complaint Consideration of complaint 580 No. 38 of 2010] Anti-Corruption (2) The Director-General may, in deciding whether to investigate an alleged corrupt practice, consider - (a) the seriousness of the conduct or involvement to which the allegation relates; ( b) whether or not the allegation is frivolous or vexatious; (c) whether or not the conduct or involvement to which the allegation relates is or has been the subject of an investigation or other action by any other appropriate authority under any other written law; and (d) whether or not, in all the circumstances, the carrying out of an investigation for the purpose of this Act in relation to the allegation will disclose the commission or likelihood of the commission of an offence under this Act. (3) The Director-General shall, where the Director-General determines that an investigation into an allegation is warranted, decide whether the Commission shall carry out the investigation or whether the allegation should be referred to another appropriate authority for investigation or action. ( 4) The Director-General may, for purposes of p erforming the functions under this section- (a) make such preliminary inquiry as the Director-General considers necessary; and (b) consult any other appropriate authority. (5) The Director-General shall inform the complainant, in writing, of the decision of the Commission in relation to the allegation.

Section 48Verify source

§ 49Power to require attendance before Director-GeneralProvision

The Director-General may require a person to attend, answer questions, provide information, or produce specified documents by written notice.

49. ( 1 ) The Director-General may, by notice, in writing, require any p erson whose affairs are being investigated or any other person who the Director-General has reason to believe may have information or documents relevant to an investigation to--- (a) attend before the Director-General as may be specified in the notice; (b) answer questions with respect to any matter or supply any information that may be relevant to the investigation; or ( c) produce for inspection any documents which are specified in the notice. (2) Subsection (I) shall apply without prejudice to a person's rights under any other law relating to privilege.

Section 49Verify source

§ 50Search without warrantProvision

An officer may enter and search premises without a warrant if the required consent is given, but not a private dwelling unless it is used for business purposes.

50. ( 1 ) An officer may, without a warrant, enter and search any premises, other than a private dwelling except if the private dwelling is used for business purposes, for the purpose of attaching and removing, if necessary, any record, return, report, document or article, if the owner, occupier of the premises or other person in control of the premises consents to the entry, search, seizure and Power to require attendance before Director General Search without warrant Anti-Corruption [No. 38 of 2010 581 removal of the record, return, book, document or article. (2) An officer exercising any power under this section shall, before entering and searching any premises, ensure that the owner, occupier or person in control of the premises is present.

Section 50Verify source

§ 51(I) The Director-General, the Deputy Director-General orOffence

Certain Commission officers may apply for a warrant, and a judge or magistrate may issue it if specified grounds exist.

51. (I) The Director-General, the Deputy Director-General or an officer of the Commission, in the performance of their duties, may apply for a warrant to a judge or a magistrate. (2) A judge or magistrate to whom an application for a warrant is made under subsection ( 1) may issue the warrant where-- (a) there are reasonable grounds to believe that - (i) a person has failed to produce the documents Search with warrant required for purposes of this Act; (ii) a person has failed to answer any questions asked , for purposes of an investigation or that any answer given to any question is false or misleading in a material particular or is incomplete; (iii) it is not practicable to serve a notice on a person by reason of the fact that the person cannot be located or is absent from Zambia, or that the service of a notice might prej udice an investigation; or (b) there are reasonable grounds to believe that any document or other thing relevant to an investigation or that may be evidence of an offence under this Act is placed, deposited or concealed in the premises to which the warrant relates, (3) A warrant issued under subsection (2) shall confer on the Director-General, the Deputy Director-General or an officer of the Commission power to - (a) access all the books, records, returns, reports and other documents relating to the work of any public or private body; (b) enter and search, at.any time, the premises of any public or private body or any vessel, boat, aircraft or other conveyance, where the Director-General, Deputy Director-General or officer has reasonable grounds to believe that any property or thing corruptly acquired has been placed, deposited or concealed therein; (c) search for and remove any document or other thing that may be relevant to an investigation or may be evidence of an offence; (d) where necessary, take copies of any document or extracts from documents that the person executing the warrant 582 No. 38 of 2010] Anti-Corruption believes on reasonable grounds may be releyant to an investigation; and ( e) where necessary, to require any person to reproduce, or to assist to reproduce, in usable form, any information recorded or stored in any documents. ( 4) In the exercise of powers of entry and search conferred under paragraph (b) of subsection (3), the Director-General, the Deputy Director-General or other officer of the Commission, may use such reasonable force as is necessary and justifiable in the circumstances, and may be accompanied or assisted by such other persons as they consider necessary to assist them to enter into, or upon, any premises, or upon any vessel, boat, aircraft or other conveyance, as the case may be. (5) A person who accompanies or assists the Director-General, the Deputy Director-General or other officer of the Commission to enter into or upon any premises or upon any vessel, boat, aircraft or other conveyance, as the case may be, shall, during the period of such accompaniment or assistance, enjoy the Sl)me immunity as is conferred under section seventeen upon an officer of the Commission.

Section 51Verify source

§ 52Inspection of banker's booksProvision

With a court order, the Director-General or an officer may investigate bank and safe deposit box accounts in any bank, and the order is enough to require a person to disclose or produce required information or documents.

52. (1) The Director-General or an officer may, with a court order, investigate any bank account, share account, purchase account, expense account or any other account or safe deposit box in any bank. (2) An order made under subsection (1) shall be sufficient for the disclosure or production by any person of all or any information, account, document or article that may be required by an officer of the Commission so authorised.

Section 52Verify source

§ 53Power of arrestOffence

Certain Commission officials may arrest a person without a warrant if they have reasonable grounds to believe an offence under the Act has been or is about to be committed.

53. (1) The Director-General, the Deputy Director-General or an officer of the Commission authorised in that behalf by the Director-General may arrest a person, without warrant, if the officer has reasonable grounds to believe that such person has committed or is about to commit an offence under this Act. (2) Where a person is arrested without warrant under subsection ( 1 ), such person may, at any time before appearing in court, while the person is in custody, be admitted to bail upon providing surety or sureties sufficient, in the opinion of the Director General, Deputy Director-General or an officer authorised in that behalf by the Director-General, to secure that person's appearance before court, or the person may be released upon that person's own recognizance on such conditions as the officer thinks fit. (3) A bail bond issued under this section shall be dealt with in accordance with the provisions of the Criminal Procedure Code. Inspection ofbanker's books Power of arrest Cap 88 Anti-Corruption [No. 38 of 2010 583 Seizure of property Custody and release of seized property Restriction on disposal of property

Section 53Verify source

§ 54Seizure of propertyOffence

An officer investigating an offence under the Act may seize property with a warrant if there are reasonable grounds to suspect it is linked to corrupt practices or is evidence. The officer must also make a signed list of the seized property and serve a copy on the owner or the person from whom it was taken within 30 days.

54. ( 1) Where in the course of an investigation into an offence under this Act, an officer has reasonable grounds to suspect that any movable or immovable property which is derived or acquired from corrupt practices, is the subject matter of an offence or is evidence relating to an offence, the officer shall, with a warrant, seize the property. (2) An officer who seizes any property pursuant to subsection (1) shall prepare and sign a list of all the movable or immovable property seized under that subsection and of the places in which the property is found. (3) An officer shall serve a copy of the list referred to in subsection (2) on the owner of the property or on the person from whom the proper;ty was seized, not later than thirty days from the date of seizure. (4) For the purpose of this section, "property" means real or personal property of any description, and includes money and any interest in the real or personal property.

Section 54Verify source

§ 55(I) An officer shall effect a seizure by removing theOffence

Officers must seize movable property, may leave it at the premises if removal is impracticable or undesirable, and must record seizure details. The Director-General may issue a written notice stopping a person under investigation or prosecution from dealing with specified property, and the High Court may review that directive.

55. (I) An officer shall effect a seizure by removing the movable property from the custody or control of the person from whom it is seized and placing it under the custody of such other person or authority and at such place as the officer may determine. (2) An officer shall, where it is not practicable or otherwise not desirable to effect the removal of any property under subsection (I), leave it at the premises in which it is seized under the custody of such person as the officer may determine. (3) An officer shall, where property is seized under subsection (2), make a record, in writing, specifying in detail the circumstances of, and the reason for, the seizure of the property and subsequent leaving of the property at the premises. 5 6. ( 1) The Director-General may, by written notice to a person who is the subject of an investigation in respect of an offence alleged or suspected to have been committed under this Act, or against whom a prosecution for an offence has been instituted, direct that such person shall not dispose of, or otherwise deal with, any property specified in such notice without the consent of the Director-General. (2) A notice issued under subsection (I) may be served by delivering it personally to the person to whom it is addressed or may, where the Director-General is satisfied that that person cannot be found, or is not in the Republic, be served on or brought to the knowledge of, that person in such other manner as the Director General may direct. (3) A notice issued under subsection (I) shall have effect from the time of service and shall continue in force for a period of nine 584 No. 38 of 2010] Anti-Corruption months or until cancelled by the Director-General, whichever is earlier: Provided that the Director-General may issue a fresh notice upon the expiry of the previous one for such further final term of six months to facilitate the conclusion of an investigation. ( 4) A person who, having been served with, or having knowledge of a notice issued under subsection (I), disposes of or otherwise deals with, any property specified in the notice other than in accordance with the consent of the Director-General, commits an offence, and is liable, upon conviction, to imprisonment for a term not exceeding five years. (5) A person aggrieved with the directive of the Director-General issued under subsection (I) may apply to the High Court for an order to reverse or vary the directive. (6) An application made under subsection (5) shall give notice to the Director-General of the day appointed for the hearing of the application as a judge of the High Court may order. (7) The High Court may, on the hearing of an application under subsection (5}- (a) confirm the directive; (b) reverse the directive and consent to the disposal of, or other dealing with, any property specified in the notice, subject to such terms and conditions as it thinks fit; or · (c) vary the directive as it thinks fit.

Section 55Verify source

§ 57Restriction on disposal of property by third partyOffence

The Commission may stop a third party from dealing with property held for a person under investigation, and the third party must not dispose of that property except as allowed by the notice.

57. ( ! ) The Commission may, where it has reasonable grounds to believe that a third party is holding any property, including money in a bank account for, or on behalf of, or to the order of, a person who is under investigation, by notice, in writing, under the hand of the Director-General, serve a notice on the third party directing that the third party shall not dispose of, or otherwise deal with, any property specified in the notice. (2) A notice issued under subsection ( I ) shall be served on the third party to whom it is directed and on the person being investigated. (3) The Commission may, in issuing a notice under this section impose such conditions as it may determine. (4) A notice issued under subsection (I) shall have effect from the time of service upon the person to whom it is addressed and shall continue in force for a period of twelve months unless cancelled or varied by the Director-General: Provided that the Director-General may issue a fresh notice upon the expiry of the previous one for such further final term of six months to facilitate the conclusion of an investigation. Restriction on disposal of property by third party • Anti-Corruption [No. 38 of 2010 585 (5) A third ·party on whom a notice is served under subsection (!) who disposes of, or deals with, the property specified in the notice without the consent of the Director-General commits an offence and is liable, upon conviction, to imprisonment for a period not exceeding five years. (6) A third party on whom a notice is served under this section shall not dispose of, or otherwise deal with, the property specified in the notice except in accordance with the terms of the notice. (7) Subsections (5), (6) and (7) of sectionfifty:five apply to this section.

Section 57Verify source

§ 58General offencesOffence

A person commits an offence if they make false statements to the Commission, hide or destroy relevant records or evidence, obstruct Commission officers, ignore lawful requests or demands, or destroy items to prevent seizure.

58. A person who- ( a) knowingly makes, or causes to be made, to the Commission, false testimony or a false report in any material particular on any.offence or matter under investigation; General offences (b) destroys, alters, conceals or removes any books, document, record or evidence that the person believes may be relevant to an investigation or proceeding under this Act; (c) destroys, alters, mutilates or falsifies any valuable security, account, computer system, disk, computer printout or other electronic device or any entry in any book, document, account or electronic device; (cl) knowingly misleads the Director-General, the Deputy Director- General or any other officer of the Commission by giving any false information or statement or making a false allegation; (e) obstructs, insults, assaults, hinders or delays an officer of the Commission in the lawful exercise of the powers conferred on the officer under this Act; (/) refuses or fails, without reasonable cause, to give to the Director-General or an officer of the Commission on request, any document or information required for purposes of this Act; (g) fails to comply with any lawful demand of the Director General, Deputy Director-General or an officer of the Commission under this Act; (h) fails to produce, conceals or attempts to conceal any property, document or book in relation to which there are reasonable grounds to believe is used to commit an offence or is a proceed of an offence under this Act; or (i) destroys anything to prevent the seizure ofany property or document or securing of the property or documents; commits an offence and is liable, upon conviction, to imprisonment for a period not exceeding two years. 586 No. 38 of 2010] Anti-Corruption Consent of Director of Public Prosecutions PART Y POWERS OF THE DIRECTOR OF PUBLIC PROSECUTIONS

Section 58Verify source

Part

PART Y

§ 59Consent of Director of Public ProsecutionsOffence

A prosecution for an offence under Part III generally needs the Director of Public Prosecutions’ consent.

59. ( 1) A prosecution for an offence under Part III shall not be instituted except by, or with, the consent of the Director of Public Prosecutions. (2) Notwithstanding subsection (1), a person may be charged with an offence under Part III and may be arrested, or a warrant for that person's arrest may be issued and executed, and the person may be remanded by the court in custody or on bail notwithstanding that the written consent of the Director of Public Prosecutions to the institution of a prosecution for the offence with which that person ischarged has not been obtained. (3) Where a person is brought before a court before the written • consent of the Director of Public Prosecutions to the institution of a prosecution against that person is obtained, the charge shall be explained to the accused person but the accused person shall not be called upon to plead. Bail where suspect or accused person about to leave Zambia Presumption of corrupt intention

Section 59Verify source

§ 60Bail where suspect or accused person about to leave ZambiaOffence

If a person under Part III investigation or proceedings is about to leave Zambia, the Director of Public Prosecutions or an authorised officer may ask a court to require bail, and the court may set an appropriate order.

60. ( 1) If any person, against whom investigations or proceedings for an offence under Part III are pending, is preparing or about to leave Zambia, whether temporarily or permanently, the Director of Public Prosecutions or any officer authorised in that behalf, may apply to any court for an order requiring such person to furnish bail in any sum, or, if already admitted to bail, in such greater sum and on such additional conditions, as the case may be, with or without sureties, and in any such application the court may make such order as it considers appropriate. (2) An order made under this section, whether originally or on review, shall be reviewed within thirty days by the court which made the order. PART VI EVIDENCE, PRESUMPTIONS AND OTHER MATTERS

Section 60Verify source

Part

PART VI

§ 61Presumption of Corrupt IntentionOffence

This section creates presumptions that certain receipts or payments were corrupt unless there is a satisfactory explanation.

61. ( 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 that person's relationship to the accused person or to any other circumstances that such person has received the gratification for or on behalf of the accused person, or otherwise on account of, or in connection with, the office or duties of the accused person, the gratification in the absence of a satisfactory explanation, shall be presumed to have been received by the accused person. • • Anti-Corruption [No. 38 of 2010 587 (2) Where, in any proceedings for an offence under Part III , it is proved that any person solicited, accepted or obtained or agreed to accept or attempted to receive or obtain any payment in any of the circumstances set out in the relevant section under which that person is charged, then such payment shall, in the absence of a satisfactory explanation be presumed to have been solicited, accepted or obtained or agreed to be accepted, received or obtained corruptly. (3) For the purposes of subsection (2), "payment" means any corrupt payment, whether in cash or in kind. Grant of indemnity by Director of Public Prosecutions Act No, 20 of2010

Section 61Verify source

§ 62Grant ofindemnity by Director of Public ProsecutionsOffence

The Director of Public Prosecutions may offer indemnity to certain people if they fully disclose the facts and hand over evidence; the court must record their evidence, and they must testify at trial.

62. (1) Subject to the Plea Negotiations and Agreements Act, 2010, the Director of Public Prosecutions may, at any time, 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 III, tender indemnity to such person on condition that the person makes a full and true disclosure of all facts or circumstances within that person's knowledge relating to the offence and to every other person involved in the commission thereof, whether 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. , ,.- (2) The court shall record in the,manner prescribed by the , Criminal Procedure Code the evidence on oath of every person Cap. 88 accepting indemnity under subsection ( I ) and shall transmit the record of such evidence to the Director of Public Prosecutions. (3) A person accepting indemnity under this section shall be examined as a witness at the trial. (4) Where a person who has accepted indemnity under this section has, either by wilfully concealing anything material to the case, or by giving false evidence, not complied with the condition on which the indemnity was made, that person may be prosecuted for the offence in respect of which the indemnity was tendered or for any other offence of which the person appears to have been guilty in connection with the same matter. (5) A person to whom indemnity has been made under subsection ( ! ), who in the opinion of the court, has made a true and full disclosure of all things as to which that person is lawfully examined, shall be entitled to receive a certificate of indemnity under the hand of the Director of Public Prosecutions stating that the person has made a true and full disclosure of all things as to which the person was examined, and such certificate shall be a bar to all legal proceedings against that person in respect of all such things as aforesaid. 588 No. 35 of 2010] Anti-Corruption Protection of whistlebloweis Act No. 4 of 2010 Absence of power, authority or opportunity, no defence

Section 62Verify source

§ 63Protection of whistleblowersProvision

This section says the Public Interest Disclosure (Protection of Whistleblowers) Act, 2010 applies to whistleblower protection and related matters.

63. The provisions of the Public Interest Disclosure (Protection ofWhistleblowers)Act, 20 I 0, shall apply in relation to the protection of whistle blowers and other related matters.

Section 63Verify source

§ 64Absence of power, authority or opportunity, no defenceOffence

A public officer’s corrupt receipt or attempted receipt of gratification cannot be met with a defence that the appointment was invalid or that the officer lacked power or opportunity to do the relevant act.

64. Where a 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 III that - Corrupt practices coming to notice of commission, body or tribunal Cap. 1 Cap. 41 Cap. I Affidavit evidence False, frivolous or groundless complaints or allegations (a) the appointment, nomination or election of such person or any other person as a public officer was invalid or void; or (b) the public officer or any other public officer 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.

Section 64Verify source

§ 65Corrupt practices coming to notice of Commission, body or tribunalOffence

Certain commissions, bodies, or tribunals must tell the Director-General when they think conduct before them may be an offence under the Act and should be investigated.

65. Where any commission, body or tribunal established by or under the Constitution, or appointed under the Inquiries Act, in the course, or upon conclusion, of any proceedings before it, is of the opinion that the conduct of any person appears to. constitute an offence under this Act and ought to be inquired into for the purposes of this Act, the commission, body or tribunal concerned shall, subject to any prohibition, restriction or restraint imposed upon it by, or under, the Constitution or any other written law, communicate its opinion to the Director-General, together with the particulars of the person concerned and such other facts of the case as the commission, body or tribunal may consider necessary.

Section 65Verify source

§ 66Affidavit evidenceOffence

In offence proceedings, the court may allow a specified fact to be proved by affidavit, and the deponent can be summoned for cross-examination.

66. For the purposes of any proceedings in respect of an offence under this Act, the court may, at any stage of the proceedings, direct that any specified fact may be proved at the trial by affidavit: Provided that the deponent may be summoned for cross examination.

Section 66Verify source

§ 67False, frivolous or groundless complaints or allegaitonsOffence

If the court thinks someone knowingly made a false, frivolous, or groundless complaint or allegation about a Part III offence, it must certify that opinion and send it to the Director of Public Prosecutions. That person commits an offence and may be punished on conviction.

67. (])Where, at the conclusion of the trial ofa person charged with an offence under Part III, 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 groundless complaint or allegation against the accused person, the court shall certify that opinion in writing and shall transmit it togetl1er 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 ( l ) 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 commission of, or conspired with any other person to commit, any offence under Part III, commits an offence and is liable, upon conviction, to • Anti-Corruption [No. 38 of 2010 589 Forfeiture of proceeds or property corruptly acquired Act No. 19 of 2010 Tampering with seized and forfeited property Alternative conviction of accused person imprisonment for a term not exceeding ten years or to a fine not exceeding ten thousand penalty units, or to both.

Section 67Verify source

§ 68Forfeiture of proceeds or property corruptly acquiredProvision

This section says the Forfeiture of Proceeds of Crime Act applies to seizing and forfeiting proceeds or property corruptly acquired, and to related matters.

68. The provisions of the Forfeiture of Proceeds of Crime Act, 20 I 0, shall apply in relation to the seizure and forfeiture of any proceeds or property corruptly acquired by any person and any other related matters.

Section 68Verify source

§ 69Tampering with seized and forfeited propertyOffence

A person must not tamper with property seized or forfeited under the Act.

69. A p erson who tampers with any property that is seized or forfeited under this Act commits an offence and is liable, upon conviction, to imprisonment for a period not exceeding three years.

Section 69Verify source

§ 70Alternative conviction of accused personAmendment

The court can amend particulars, require the accused to plead to the amended version, and let the parties recall or call witnesses; a material variance alone does not require acquittal.

70. ( I) lf, on the trial ofa person who has committed an offence under Part III, it is not proved that the accused person committed the offence charged but it is proved that the accused person committed some other offence under this Act, the accused person may, notwithstanding the absence of the written consent of the Director of Public Prosecutions in respect of such other offence, be convicted of such other offence, and be liable to be dealt with accordingly. (2) If, on the trial of any person for any offence under Part III, there is any material variance between the particulars of the offence charged and the evidence adduced in support thereof, such variance shall not, ofitself, entitle the accused person to an acquittal of the offence charged if, in the opinion of the court, there isprima facie evidence of the commission of that offence. (3) Subject to subsection (2), notwithstanding the absence of the written consent of the Director of Public Prosecutions in respect of the particulars supported by the evidence adduced, the court may make the necessary amendment to the particulars and shall thereupon read and explain the same to the accused person and the accused person shall be called to plead to the amended particulars and the parties shall be allowed to recall and examine, on matters relevant to such amendment, any witness who may have been examined and to call any further witness. (4) If an amendment is made under subsection (3) after the prosecution's case is closed, no further witness shall be called by the prosecution other than a witness on such matters only as it would, apart from the provisions of this subsection, be permissible to call and put in evidence in rebuttal. 590 No. 38 of 2010] Anti Corruption PART VII GENERAL PROVISIONS Procedure for U:Xlllitlmlllrt of application Register of gifts Mutual legal assistance Cap. 98 Supremacy of Act Cap.I Defence Offences committed outside Zambia Extraditable offences Cap. 94

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Part

PART VII

§ 71Procedure for commencement of applicationCommencement

Applications under this Act must be started by originating summons unless another specific rule says otherwise.

71. Except where otherwise specifically provided for, all applications under this Act shall be commenced byway oforiginating summons.

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§ 72Register of giftsProvision

A public body must keep a register of gifts, and the controlling officer or chief executive officer must administer it. The Commission may make rules about managing the register by statutory instrument.

72. ( ! ) A public body shall keep a register of gifts which shall be administered by the controlling officer or chief executive officer of the public body, as the case may be. (2) The Commission may, by statutory instrument, make rules relating to the management of the register of gifts.

Section 72Verify source

§ 73Mutual legal assistanceOffence

This section says the Mutual Legal Assistance in Criminal Matters Act applies to offences under this Act, unless that Act conflicts with this Act. It also says this Act prevails over conflicting written laws about corrupt practices, subject to the Constitution.

73. The Mutual Legal Assistance in Criminal Matters Act applies to offences under this Act, except where the provisions of that Act are inconsistent with this Act. 7 4. Subject to the Constitution, where there is any inconsistency between the provisions of this Act and those of any other written law relating to corrupt practices, the provisions of this Act shall prevail to the extent of the inconsistency.

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§ 75DefenceOffence

In proceedings for an offence under this Act, it is a valid defence if the gratification offered or accepted was an entertainment or a casual gift.

75. In any proceedings for an offence under this Act it shall be a valid defence that the gratification offered or accepted is an entertainment or a casual gift.

Section 75Verify source

§ 76Offences committed outside ZambiaOffence

The Act applies inside and outside Zambia, and offences committed outside Zambia can be treated as if they were committed in Zambia.

76. (!) This Act shall have effect within as well as outside Zambia and notwithstanding where any offence is committed by any person, that person may be dealt with in respect of such offence as if it has been committed within Zambia. (2) Any proceedings against any person under this section which would be a bar to subsequent proceedings against such person for the same offence, if such offence had been committed in Zambia, shall be a bar to further proceedings against that person under any written law for the time being in force relating to the extradition of persons, in respect of the same offence outside Zambia.

Section 76Verify source

§ 77Extraditable offencesOffence

An offence under this Act is treated as an extraditable offence under the Extradition Act.

77. An offence under this Act shall be deemed to be an extraditable offence under the provisions of the Extradition Act. Rules

Section 77Verify source

§ 78RulesProvision

The Commission may make rules by statutory instrument about appointments, discipline, ending appointments, removals from office, and its own practice and procedure.

78. The Commission may, by statutory instrument, make rules for thfl-'- (a) appointment, including the power to confirm appointments · of persons, to any office in respect of which the Commission is charged with the responsibility under this Act; • • Anti-Corruption [No. 38 of 2010 591 (b) disciplinary control of persons holding or acting in any office; (c) termination of appointments and the removal of persons from office; and (d) practice and procedure of the Commission in the exercise of its functions under this Act.

Section 78Verify source

§ 79RegulationsRepeal

The President may make regulations, after consulting the Commission, to carry out this Act.

79. (!)The President may, in consultation with the Commission, Regulations make regulations for the better carrying out of the provisions of this Act. (2) Without prejudice to the generality of subsection (I), the regulations made under that subsection may provide for - (a) the prevention of corruption generally; (b) the disclosure by public officers of interest in contracts or proposed contracts; (c) the control and maintenance of the register of gifts; (d) the creation and keeping of registers for the recording of assets and information, the powers, functions and duties of the controlling officers; (e) protection to informers, whistle- blowers and complainants; (j) the procedure for lodging and dealing with complaints; (g) the procedure for declaring of interest and assets by officers of the Commission; (h) the disposal of recovered gratification; (i) anti-corruption strategies in private and public bodies; (j) the form of oaths to be declared under this Act; (k) the establishment, composition, tenure, procedure and any other matters in respect of committees; and ([) generally the carrying into effect of the purposes of this Act. Repeal of Cap. 9 1 Cap. 9 1

Section 79Verify source

§ 80Repeal of Cap 91Commencement

This section repeals the Anti-Corruption Commission Act, 1996, and keeps certain pending matters, property, and officeholders in place during the transition.

80. (l) The Anti-Corruption Commission Act, 1996, is hereby repealed. (2) Notwithstanding subsection (!), all the investigations, prosecutions and other legal proceedings, instituted or commenced under the repealed Act, and pending immediately before the commencement of this Act by or against the former Commission, may be continued by or against the Commission. (3) Notwithstanding subsection (!), all the property, assets, rights, liabilities and obligations of the former Commission existing immediately before the commencement of this Act, shall vest and continue to vest in, and subsist against the Commission, together with the rights, liabilities and obligations arising out of any contract or otherwise, as if this Act had not come into force. 592 No. 38 of 2010] Anti-Corruption (4) Subject to the other provisions of this Act, a person who, immediately before the commencementof this Act, held office as a Commissioner of the former Commission shall continue to hold such office as a Commissioner untii the expiry of the term, after which the Commissioners shall be appointed in accordance with the provisions of this Act. (5) Notwithstanding subsection (!), any rules, regulations, orders, notices, prescriptions and other instruments or directives issued under the Act hereby repealed and in existence immediately before the commencement of this Act, shall continue in operation until their expiration or until their express repeal or revocation.

Section 80Verify source

§ 81Staff of former CommissionCommencement

Former Commission staff keep their positions in the Commission if they were already officers or staff before commencement.

81. A person who, before the commencementof thisAct, was an officer or member of staff of the former Commission, shall continue to be an officer or member of staff of the Commission, as the case may be, as if appointed or employed under this Act, Staff of fonner Commission SCHEDULE (Section 4 (3)) ADMINISTRATION OF COMMISSION PART I THE BOARD OF THE COMMISSION Seal of Commission

Section 81Verify source

Legislative relationships

17 referenced instruments

Names are derived from the stored provision headings and citation-enrichment layer. Treat this as a research index and verify each relationship against the source text.

A–F

12 instruments

Cap 91 This section repeals the Anti-Corruption Commission Act, 1996
Section 80
Commission during the investigati.on of an offence under this Act
Section 6
Commission in the exercise of its functions under this Act
Section 78
Commission in the lawful exercise of the powers conferred on the officer under this Act
Section 58
Commission or a police officer may search any person arrested for an offence under this Act
Section 38
Commission or to have any of the powers of an officer under this Act
Section 18
Commission The Anti-Corruption Commission continues to exist under this Act
Section 4
Commission who commits an offence under this Act
Section 17
Commission's functions under this Act
Section 11
Criminal Procedure Code
Sections 42, 53
Director-General's functions under this Act
Section 13
Extradition Act
Section 77

G–M

1 instrument

Government valuation officer or other specialist valuer In proceedings under this Act
Section 44

N–S

3 instruments

Penal Code
Section 3
Proceeds of Crime Act
Section 68
Public Prosecutions Act
Section 61

T–Z

1 instrument

Whistleblowers) Act, 2010
Section 63

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19 Nov 2010 · currentEnglish

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Anti-Corruption Act, 2010

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17 referenced instruments

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