Anti-Corruption Act, 2010

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 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.

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.

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.

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

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

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

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

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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

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

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.

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.

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.

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.

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.

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

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

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.

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.

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.

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

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.

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.

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.

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.

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.

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.

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

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.

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.

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.

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

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.

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

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.

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

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.

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.

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.

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

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.

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

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.

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.

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.

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.

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.

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

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

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.

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

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.

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.

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.

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.

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.

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.

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

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.

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

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.

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

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.

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.

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

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.

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

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

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.

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

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.

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.

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.

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

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

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

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

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

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