CHAPTER 08:05
CORRUPTION AND ECONOMIC CRIME

ARRANGEMENT OF SECTIONS

   SECTION

PART I
Preliminary

   1.   Short title

   2.   Interpretation

PART II
Establishment of Directorate

   3.   Establishment of Director-General

   4.   Appointment of Director-General

   5.   Acting Director-General

   5A.   Conditions of service of Directorate

   5B.   Disciplinary code by Minister

   5C.   Conduct of officers and support staff

PART III
Functions of Directorate

   6.   Functions of Directorate

   7.   Powers of Director-General

   8.   Power of Director-General to obtain information

   9.   Special identity card

   10.   Power of arrest

   11.   Power of search and seizure

   12.   Procedure after arrest

   13.   Search with warrants

   14.   Search without warrant in certain cases

   15.   Exercise of powers of search and seizure

   16.   Surrender of travel document

   17.   Return of travel document

   18.   Resisting or obstructing officers

   19.   False reports to officers

   19A.   Protection of disclosure of identity

   19B.   Prohibiton of unauthorised disclosure of information

   20.   Falsely pretending to be officer

   21.   Immunity of officers of Directorate

   22.   Annual report

PART IV
Offences

   23.   Definition of valuable consideration

   24.   Corruption by or of public officer

   24A.   Abuse of public office

   25.   Corruption in respect of official transaction

   25A.   Trading in influence

   26.   Acceptance of bribe by public officer after doing act

   27.   Promise of bribe to public officer after doing act

   28.   Corrupt transactions by or with agents

   29.   Bribery for giving assistance in regard to contracts

   30.   Bribery for procuring withdrawal of tender

   31.   Conflict of interest

   32.   Bribery in relation to auctions

   33.   Cheating of public revenue

   34.   Possession of unexplained property

   35.   Certain matters not to constitute defence

   36.   Penalty

   37.   Application for confiscation order

   38.   Application for restraining order

PART V
Prosecution of offences

   39.   Prosecution of offences

PART VI
Evidence

   40.   Evidence of pecuniary resources or property

   41.   Evidence of an accomplice

   42.   Presumption of corruption

   42A.   Endorsement of conviction in register

PART VII
Miscellaneous

   43.   Frivolous, false or groundless complaints

   44.   Prohibition of disclosure of information

   45.   Protection of informers

   45A.   Intimidation of informers

   46.   Liability for offences committed abroad

   47.   Regulations

Act 13, 1994,
Act 14, 2005,
Act 6, 2013.

An Act to provide for the establishment of a Directorate on Corruption and Economic Crime; to make comprehensive provision for the prevention of corruption; and confer power on the Directorate to investigate suspected cases of corruption and economic crime and matters connected or incidental thereto.

[Date of Commencement: 19th August, 1994]

PART I
Preliminary (ss 1-2)

1.   Short title

   This Act may be cited as the Corruption and Economic Crime Act.

2.   Interpretation

   In this Act, unless the context otherwise requires-

   "agent" includes any person employed by or acting for another;

   "Deputy Director-General" means the Deputy Director-General of Cap. the Directorate;

   "Director-General" means the person appointed under section 4;

   "Directorate" means the Directorate established under section 3;

   "principal" includes an employer;

   "public body" means any office, organisation, establishment or body created by or under any enactment or under powers conferred by any enactment; and includes any company in which government has equity shares or any organisation or body where public moneys are used;

   "public officer" includes any person-

   (a) holding an office by election or appointment under any enactment or under powers conferred by any enactment;

   (b) who is or was at the relevant time paid from public funds; or

   (c) who is or was at the relevant time responsible for the custody, safekeeping or collection of public funds or other property or public funds or other moneys; and

   "valuable consideration" has the meaning assigned to it under section 23.

PART II
Establishment of Directorate (ss 3-5C)

3.   Establishment of Directorate

   (1) There is established a Directorate to be known as the Directorate on Corruption and Economic Crime (in this Act referred to as "the Directorate").

   (2) The Directorate shall consist of the Director-General, Deputy Director-General, other officers and support staff of the Directorate as may be appointed.

   (3) The Directorate shall be a public office; and accordingly the provisions of the Public Service Act shall apply mutatis mutandis to the Directorate and the officers thereof.

4.   Appointment of Director-General

   (1) The President shall appoint the Director-General on such terms and conditions as the President deems fit.

   (2) The Director-General shall be responsible for the direction and administration of the Directorate.

   (3) Any decision, including investigations by the Director-General shall not be subject to the direction and control of any person or authority.

5.   Acting Director-General

   (1) If the office of the Director-General is vacant or the Director-General is absent from duty, the Deputy Director-General shall, except where the President otherwise directs, act as Director-General.

   (2) If the Director-General and the Deputy Director-General are absent from duty, the President may appoint another person to act as Director-General until the return to duty of either the Director-General or the Deputy Director-General.

5A.   Conditions of service of Directorate

   (1) The Minister shall prescribe such conditions of service of the Directorate setting out the terms and conditions for the appointment of officers and support staff.

   (2) The conditions of service prescribed under subsection (1) shall provide for-

   (a)   the designation and grades of officers and support staff;

   (b)   the scale of salaries and allowances of officers and support staff; and

   (c)   the promotions, resignations and termination of appointments of officers and support staff.

5B.   Disciplinary code by Minister

   (1) The Minister shall prescribe a disciplinary code for the Directorate, which disciplinary code shall provide for-

   (a)   disciplinary offences;

   (b)   the investigation, hearing and determination of disciplinary offences and the hearing of any appeals; and

   (c)   the delegation, by the Director-General, to officers and support staff, of such disciplinary powers as he or she may consider appropriate.

   (2) The disciplinary code prescribed under subsection (1) shall provide for the following disciplinary penalties or any combination thereof-

   (a)   dismissal from the Directorate;

   (b)   reduction in rank or grade;

   (c)   suspension from duty for a specified period;

   (d)   reprimand;

   (e)   admonition; and

   (f)   recovery of the cost or part thereof in respect of any loss or damage to the property of the Directorate caused by the default or negligence of any officer subject to disciplinary
proceedings where such recovery has not been effected through any other Government procedure.

5C.   Conduct of officers and support staff

   An officer of the Directorate shall not become a member of any trade union, or any body or association affiliated to a trade union, or any body or association the object of which or one of the objects of which is to control or influence conditions of employment in any trade or profession:

   Provided that an officer may become a member of any such body or association which may be constituted and regulated pursuant to this Act.

PART III
Functions of Directorate (ss 6-22)

6.   Functions of Directorate

   The functions of the Directorate shall be-

   (a)   to receive and investigate any complaints alleging corruption in any public body;

   (b)   to investigate any alleged or suspected offences under this Act, or any other offence disclosed during such an investigation;

   (c)   to investigate any alleged or suspected contravention of any of the provisions of the fiscal and revenue laws of the country;

   (d)   to investigate any conduct of any person, which in the opinion of the Director-General, may be connected with or conducive to corruption;

   (e)   to assist any law enforcement agency of the Government in the investigation of offences involving dishonesty or cheating of the public revenue;

   (f)   to examine the practices and procedures of public bodies in order to facilitate the discovery of corrupt practices and to secure the revision of methods of work or procedures which, in the opinion of the Director-General, may be conducive to corrupt practices;

   (g)   to instruct, advise and assist any person, on the latter's request, on ways in which corrupt practices may be eliminated by such person;

   (h)   to advise heads of public bodies of changes in practices or procedures compatible with the effective discharge of the duties of such public bodies which the Director-General thinks necessary to reduce the likelihood of the occurrence of corrupt practices;

   (i)   to educate the public against the evils of corruption; and

   (j)   to enlist and foster public support in combating corruption.

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