CORRUPTION OFFENCES 

The principal role of the Anti-Corruption Commission (the "Commission") is to consider and, where appropriate, investigate reports of corruption offences. The specific offences within the remit of the Commission are set forth in Part Ill of the Anti-Corruption Act (2019 Revision)(as amended)(the "Anti­Corruption Act"). It is important to note that not all matters which may be colloquially referred to as "corruption" will constitute a "corruption offence" as defined under the Anti-Corruption Act. The offences under the act are summarised as follows:

 

BRIBERY OF PUBLIC OFFICERS AND MEMBERS OF THE PARLIAMENT 

  • A public officer or a member of the Parliament directly or indirectly-

a.  solicits;
b.  accepts or obtains; or
c.  agrees to accept or obtain,

for himself or any other person, any loan, reward, advantage or other benefit with intent-

d.  to interfere with the administration of justice;
e.  to procure or facilitate the commission of an offence; or
f.  to protect from detection or punishment a person who has committed or who intends to commit an offence.

  • A person gives or offers to a public officer, or a member of the Parliament any loan, reward, advantage or other benefit, with intent that the public officer, or member of the Parliament, should do anything mentioned above.

 

FRAUDS ON THE GOVERNMENT

  • A person directly or indirectly gives, offers or agrees to give or offer to a public officer or a member of the Parliament or certain related parties a loan, reward, advantage or other benefit or, being a public officer or member of the Parliament, demands, accepts or offers or agrees to accept such a loan, reward etc. for cooperation, assistance, exercise of influence etc. in connection with the transaction of business relating to the Government.
  • A person having dealings with the Government pays a commission or reward to, or confers an advantage or benefit on a member of the Parliament or a public officer of a government entity or to any member of the family of a member of the Parliament or a public officer, or to anyone for the benefit of the member of the Parliament or the public officer, unless he has the consent in writing of the Chief Officer of the government entity.
  • A public officer or member of the Parliament demands, accepts or offers or agrees to accept from a person who has dealings with the Government a loan, reward, advantage or other benefit directly or indirectly, by himself or through a member of his family or through any one for his benefit, unless he has the consent in writing of the Chief Officer of the government entity that employs him or of which he is an official.
  • A person having or pretending to have influence with the Government, with a member of the Parliament or a public officer demands, accepts or offers or agrees to accept for himself or another person a loan, reward etc. as consideration for cooperation, assistance, exercise of influence etc. in connection with the transaction of business relating to the Government or appointments to an office.
  • A person who has made a tender for a contract with the Government gives, offers, or agrees to give or offer to another person who has made a tender, or certain other persons, a reward, advantage etc. as consideration for the withdrawal of that tender or demands, accepts etc. from another person who has made a tender a reward, advantage etc. as consideration for the withdrawal of his own tender.

 

CONTRACTOR SUBSCRIBING TO ELECTION FUND

  • A person, in order to obtain or retain a contract with the Government, or as a term of any such contract, whether express or implied, directly or indirectly subscribes or gives, or agrees to subscribe or give, to any person any loan, reward, advantage or other benefit-

a.  for the purpose of promoting the election of a candidate or a class or party of candidates to the Parliament; or

b.  with intent to influence or affect in any way the result of an election conducted for the purpose of electing persons to serve in the Parliament.

 

BREACH OF TRUST BY PUBLIC OFFICER OR BY A MEMBER OF THE PARLIAMENT

  • A public officer or a member of the Parliament, in connection with the duties of his office, commits fraud or a breach of trust, whether or not the fraud or breach of trust would be an offence if it were committed in relation to a private person.

 

SELLING OR PURCHASING OFFICE

  • A person sells or agrees to sell an appointment to or a resignation from a public office, or a consent to any such appointment or resignation, or
  • A person purchases or gives a loan, reward, advantage or other benefit for the purchase of any such appointment, resignation or consent, or agrees or promises to do so.

 

INFLUENCING OR NEGOTIATING APPOINTMENTS OR DEALING IN OFFICES

  • A person receives, agrees to receive, gives or procures to be given, directly or indirectly, a loan, reward, advantage or other benefit as consideration for cooperation, assistance or exercise of influence to secure the appointment of any other person to a public office;
  • A person solicits, recommends or negotiates an appointment to or resignation from a public office, in expectation of a direct or indirect loan, reward, advantage or other benefit.

 

FALSE CLAIMS BY PUBLIC OFFICERS

  • A public officer knowingly makes false claims on statements or returns relating to money payable to himself or any other person for services, delivery of goods, etc.

 

ABUSE OF OFFICE

  • A public officer or member of the Parliament intentionally does, or directs to be done, in abuse of the authority of his office, any arbitrary act prejudicial to the rights of another person.

 

FALSE CERTIFICATES BY PUBLIC OFFICERS OR BY MEMBERS OF THE PARLIAMENT

  • A public officer or member of the Parliament knowingly gives a false certificate when authorised or required by law to give such a certificate wherein the rights of any person may be prejudicially affected.

 

CONFLICT OF INTERESTS

  • Where a government entity proposes to deal with a company, partnership or other undertaking in which -

a.  a public officer of the entity;
b.  a member of the Parliament; or
c.  a member of the family, or an associate, of any person specified in paragraphs (a) or (b), has a direct, indirect or beneficial interest in such company, partnership or undertaking; or
d.  any person specified in paragraphs (a), (b) or (c) holds more than ten per cent of the total issued share capital or of the total equity participation in such company, partnership or other undertaking, the public officer or the member of the Parliament shall forthwith disclose, in writing, to that government entity, the nature of such interest.

Where in relation to a government entity -

a.  a public officer of the entity;
b.  a member of the Parliament; or
c.  a member of the family, or an associate, of either the public officer or the member of the Parliament, has a personal interest in a decision which the government entity is to take, that public officer or member of the Parliament shall forthwith disclose, in writing, to the government entity, the nature of that personal interest.

  • A public officer or member of the Parliament who fails to disclose an interest in accordance with the above provisions and who votes or otherwise takes part in proceedings or decisions of the government entity relating to such interest commits an offence.

 

DUTY OF A PUBLIC OFFICER AND MEMBER OF THE PARLIAMENT TO WHOM A BRIBE IS OFFERED ETC.

  • A public officer or member of Parliament to whom any loan, reward, advantage or other benefit is given, promised or offered, in contravention of the Anti-Corruption Act, must, at the earliest opportunity thereafter, report such to the Commission together with the name, if known, of the person who gave, promised, or offered such loan, reward, advantage or other benefit to him.  Failure, without reasonable excuse, to comply is an offence.
  • A person from whom any loan, reward etc. has been solicited or obtained, or an attempt has been made to obtain such loan, reward etc., in contravention of the Anti-Corruption Act, must, at the earliest opportunity thereafter, report such to the Commission together with the full and true description and, if known, name, of the person who solicited etc. Failure, without reasonable excuse, to comply is an offence.
  • A public officer or member of Parliament who has reasonable cause to believe that another public officer or member of Parliament has solicited, obtained, or agreed to accept or obtain any loan, reward, advantage or other benefit, in contravention of the Anti-Corruption Act, must, at the earliest opportunity thereafter, report such to the Commission together with the name if known, of the person who gave, promised or offered such loan, reward etc.  Failure, without reasonable excuse, to comply is an offence.

 

SECRET COMMISSIONS

  • A person gives, offers or agrees to give or offer to an agent any loan, reward, advantage or other benefit as consideration for doing or forbearing to do, or for having done or forborne to do, any act relating to the affairs or business of his principal or for showing or forbearing to show favour or disfavour to any person with relation to the affairs or business of his principal; or
  • A person being an agent, demands, accepts or offers or agrees to accept from any person any loan, reward, advantage or other benefit as consideration for doing or forbearing to do, or for having done or forborne to do, any act relating to the affairs or business of his principal or for showing or forbearing to show favour or disfavour to any person with relation to the affairs or business of his principal; or
  • A person, with intent to deceive a principal, gives to an agent of that principal, or, being an agent, uses with intent to deceive his principal, a receipt, account or other writing -

a.  in which the principal has an interest;

b.  that contains any statement that is false or erroneous or defective in any material particular; and

c.   that is intended to mislead the principal.

 

BRIBING A FOREIGN PUBLIC OFFICER

  • A person, in order to obtain or retain an advantage in the course of business, directly or indirectly promises, gives, offers or agrees to give or offer a loan, reward, advantage, or benefit of any kind to a foreign public officer for his benefit or for the benefit of another person or to any person for the benefit of a foreign public officer-

a.  as consideration for an act or omission by the foreign public officer in connection with the performance of the officer’s duties or functions; or
b.  to induce the foreign public officer to use his position to influence any acts or decisions of the foreign country or public international organisation for which the officer performs duties or functions.

 

INCHOATE OFFENCES

  • Unless expressly provided otherwise under the Anti-Corruption Act the following are offences-

a.  an attempt, conspiracy or incitement to commit an offence under the Anti-Corruption Act; and
b.  aiding, abetting, counselling or procuring the commission of an offence under the Anti-Corruption Act.

It should be noted that some of these offences can only be committed by a public officer or a member of the Parliament while others can be committed by any member of the public.

In addition to the specified corruption offences, the Anti-Corruption Act also criminalises certain other actions such as failure to provide specific information requested by the Commission, making false statements to the Commission, making certain disclosures likely to prejudice investigations and resisting or obstructing the Commission's investigating officers.

Please refer to the Anti-Corruption Act for the detailed statutory provisions.