Repeal

(1) The Prevention of Corruption in Public Life Act, Cap. 12 is hereby repealed. (2) Anything done or required to be done under or pursuant to the repealed Act, (a) shall, from the commencement of this Act be treated for all purposes as fully carried out and completed and shall not be done under or pursuant to this Act. Prevention of Corruption 51 SCHEDULE 1 PREVENTION OF CORRUPTION ACT Tenure and Procedure of the Integrity Commission [Section 3] 1. Subject to the provisions of this Schedule the appointment of a member of the Commission (including the Chairperson) shall be for a period not exceeding three years, and such member shall be eligible for re-appointment. Tenure of office. 2.-(1) Any member of the Commission, other than the Chairperson, may at any time resign his office by instrument in writing addressed to the Governor-General and transmitted through the Chairperson, and from the date of the receipt by the Governor-General of such instrument such member shall cease to be a member of the Commission. Resignation. (2) The Chairperson may at any time resign his office by instrument in writing addressed to the Governor-General and such resignation shall take effect as from the date of receipt of such instrument by the Governor- General. 3. The Governor-General may on the advice of the Prime Minister given after consultation with the Leader of the Opposition at any time revoke the appointment of any member, Revocation of appointment. Provided that the appointment of a member who was appointed as such with the concurrence of the Leader of the Opposition shall not be revoked under this paragraph without the concurrence of the Leader of the Opposition. 4.-(1) A vacancy in the membership of the Commission occurs, Vacancies. 52 Prevention of Corruption (a) on the death, resignation or revocation of the appointment of a member; (b) on the absence of a member from six consecutive meetings of the Commission unless the Governor- General decides otherwise; (c) at the expiration of three years from the date of the appointment of a member. (2) Where any vacancy occurs in the membership of the Commission, such vacancy shall be filled by the appointment of another member who shall, subject to the provisions of this Schedule, hold office for the remainder of the period for which the previous member was appointed so, however, that such appointment shall be made in the same manner and from the same category of persons, if any, as the appointment of the previous member. Publication in Gazette. 5. The appointment, resignation, revocation of appointment or death of member of the Commission shall be published in the Gazette. Validity of proceedings. 6. The validity of the proceedings of the Commission shall not be affected by any vacancy amongst the members thereof or by any defect in the appointment of a member thereof. Meetings of the Commission. 7. The Commission shall meet at such times as may be convenient or expedient for the transaction of business, and at such places as it may deem fit. Chairperson to pre- side. 8. The Chairperson shall preside at meetings of the Commission and in the case of his absence from any meeting the members present shall elect one from amongst their number to preside at that meeting. Decisions to majority. 9. The decisions of the Commission shall be by a majority of votes of the members present and voting and, in addition to Prevention of Corruption 53 an original vote, the Chairperson or any another person presiding at the meeting shall have a casting vote in any case in which the voting is equal. Quorum. 10. The quorum of the Commission shall be four members thereof. Minutes. 11. Minutes in proper form shall be kept of the proceedings of the Commission. Delegation and regulation of proceedings. 12. Subject to the provisions of this Schedule the Commission shall have power to regulate its own proceedings, and may delegate to any member or committee thereof the power and authority to carry out on behalf of the Commission such duties as the Commission may determine. Expenses. 13. Any expenses incurred by the Commission and other members of the Commission in the performance of their duties shall be paid out of money provided for the purpose by the National Assembly. 14.-(1) The Seal of the Commission shall be kept in the custody of the Chairperson and shall he affixed to instruments pursuant to a resolution of the Commission in the presence of the Chairperson and any other member or the Secretary. Seal and execution of document. (2) The Seal of the Commission shall be authenticated by the signatures of the Chairperson and one other member or the Secretary. (3) All documents other than those required by law to be under seal made by, and all decisions of, the Commission may be signified under the hand of the Chairperson or the Secretary. 15. The Commission shall keep proper accounts of its receipts, payments, assets and liabilities and such accounts shall be audited annually by an auditor appointed in each year by the Commission. Accounts and audit. 54 Prevention of Corruption SCHEDULE 2 PREVENTION OF CORRUPTION ACT Declaration of Assets and Liabilities Forms [Sections 10 and 11] FORM 1 NOTES: 1. To be completed legibly in ink or typewritten. 2. Complete all sections, leave no blank spaces. 3. If space is insufficient under any section the required information may be supplied on a separate sheet and a note inserted under the section showing the total. PLEASE FOLLOW ALL NOTES AND INSTRUCTIONS CAREFULLY DECLARATION of Assets and Liabilities at (Declaration Date) and of income for the twelve months (or other period where appropriate) ended on that date. NOTE: (a) Where any property is held by the declarant, the declarant’s spouse or the declarant’s child or children in trust for any other person, this should be indicated by a note to that effect. (b) The declaration date should be the date as indicated above. Prevention of Corruption 55 Name and address of declarant Name and address of declarant’s spouse Names and addresses of declarant’s child or children (under age 18). 1. Particulars of Bank accounts and/or Credit Unions held by declarant, declarant’s spouse, declarant’s child or children (under age 18). Address of Bank Name in which account held Account No. Type of Account Balance $ Name of Bank or Credit Union NOTE: Letters of verification from Banks and Credit Unions must be submitted showing balances on declaration date. N.B ALL INTEREST EARNED FOR THE PERIOD FROM BANK ACCOUNTS AND CREDIT UNIONS MUST BE SHOWN IN SECTION 12 (INCOME) 2. Particulars of cash in excess of $500 held other than in a Bank or Credit Union by Where held Amount $ (a) Declarant (b) Declarant’s Spouse (c) Declarant’s child or children 56 Prevention of Corruption 3. Particulars of bonds, stocks, shares and similar investment [including, private limited liability companies] held by declarant, declarant’s spouse, declarant’s child or children (under age 18). Description of investment Estimated Market Value or Book Value $ Name in which held Date of acquisition or purchase Cost of acquisition or purchase $ Dividends received in the year $ N.B. ALL INCOME DERIVED FOR THE PERIOD FROM THE ABOVE INVESTMENTS MUST BE SHOWN IN SECTION 12. 4. Particulars of immovable property such as houses and land held by declarant, declarant’s child or children (under age 18). Description/ Location (recording reference of available) Name in which held Whether leasehold or freehold Date of acquisition or purchase Purchase price and/or construction cost $ Estimated Market Value $ Prevention of Corruption 57 NOTE: Houses should be valued unfurnished and furniture included in section 5. N.B. ANY INCOME DERIVED FROM THE ABOVE PROPERTIES FOR THE PERIOD MUST BE SHOWN IN SECTION 12. 5. Particulars of personal property such as furniture, appliances, clothing, jewelry, coins, stamps, works of art etc., owned by the declarant, declarant’s spouse, declarant’s child or children (under age 18). NOTE: An aggregate sum should be shown for personal property. Any individual item or collection of items valued at $2000.00 or more must be listed separately. (List motor vehicles, boats, and aircrafts under Section 8). ITEM OWNER VALUE $ 6. Particulars of investment held in mortgages or business ventures other than investments shown in paragraph 3, by declarant, declarant’s spouse, declarant’s child or children (under age 18). Type of investment Owner of investment and percentage of ownership Terms of investment Interest rate (if applicable) % Amount of investment $ Net Income for period $ 58 Prevention of Corruption N.B. ALL INCOME SHOWN ABOVE MUST ALSO BE ENTERED IN SECTION 12. NOTE: If money invested under item 6 is invested in a firm (in which any of the above is a partner), then state the estimated market value of that person’s investment therein. 7. Other accounts receivable by the declarant, declarant’s spouse, declarant’s child or children (under age 18). To whom owed Balance outstanding at end of declaration period $ Date due Due From Purpose Original Interest earned $ amount $ N.B. IF ANY INTEREST WAS EARNED DURING THE PERIOD IT MUST BE SHOWN AS INCOME IN SECTION 12. 8. Particulars of motor vehicles, boats, and aircraft owned by the declarant, declarant’s spouse, declarant’s child or children (under age 18). Name of owner Description Date of acquisition Purchase price $ Market value $ (include age) Prevention of Corruption 59 N.B. IF ANY OF THE ABOVE MOTOR VEHICLES, BOATS OR AIRCRAFTS WERE INVOLVED IN THE PRODUCTION ON INCOME SUCH INCOME MUST BE SHOWN IN SECTION 12. 9. Particulars of Life or Endowment insurance policies held by the declarant, declarant’s spouse, declarant’s child or children (under age 18). Name of bene- ficiary Insurance Company and date of issue Description of policy Date of maturity Face Value $ Amount of premium Cash surrender value $ 10. Particulars of safety deposit box (not disclosed in Section 2 or 5). Where held Contents Estimated Value $ (a) Declarant’s (b) Declarant’s spouse (c) Declarant’s children 60 Prevention of Corruption 11. Particulars of any other property held in trust or otherwise for the declarant’s spouse or the declarant’s child or children (under age 18). Description of property Name of beneficial owner By whom being held and in what capacity Date of acquisition or transfer Estimate Value $ 12. Particulars of income in respect of the relevant 12 month period ended on the 31st day of December or other period where appropriate (including perquisites such as house, entertainment, travel on official business and constituency allowance etc.) of declarant, declarant’s spouse, declarant’s child or children (under age 18). Source of income (salary, realty, securities and any other income) By whom earned Period for which earned Amount from each source From To Gross $ Total from all sources $ Prevention of Corruption 61 13. Particulars of secured debts payable by declarant, declarant’s spouse, declarant’s child or children (under age 18). Balance owning at end of declaration period By whom owed Date debt was incurred Date due How secured Original amount $ Repay- ment terms NOTE: Letters of verification from lending institutions or creditors must be submitted showing balances at declaration date. 14. Particulars of other liabilities of declarant, declarant’s spouse, declarant’s child or children (under age 18). Description of liability Balance owning at end of declaration period. Date debt incurred To whom owed By whom owed Original amount $ Repayment terms 15. Particulars of any (property, business or investment) acquired OR disposed of including real estate, bonds, stocks, shares, motor vehicles, boats, and aircrafts etc. during the relevant period ending on the 31st day of December in respect of which a declaration is made by declarant, declarant’s spouse, declarant’s child or children (under age 18). 62 Prevention of Corruption Description of each Asset (property, business or investment) By whom acquired or by whom disposed Price paid on acquisition $ Price received on disposal $ N.B. LIST ALL ACQUISITIONS UNDER THE RELEVANT SECTIONS. 16. Explanation of contents of this declaration (if declarant considers it necessary). (See note No.3 on page 1) I do hereby swear solemnly and sincerely declare that the particulars given by me herein are, to the best of my knowledge, true and accurate. Signed at this day of before (please print name) (Signature of declarant) (Magistrate/Justice of the Peace/Notary Public/ Commissioner of the Supreme Court.) Prevention of Corruption 63 FORM 2 PREVENTION OF CORRUPTION ACT Examination and Public Disclosure of Declaration [Section 12] NAME OF DECLARANT:...…………………………….....… Total Assets and Liabilities of the Declarant, his spouse and children (if applicable) as at ………………………………………………………......……... A. TOTAL INCOME $______________________ Personal Property _______________________ Free hold Property _______________________ Leasehold Property _______________________ Investment _______________________ B. TOTAL ASSETS $______________________ Liabilities _______________________ Due after 12 months _______________________ Due within 12 months _______________________ C. TOTAL LIABILITIES $______________________ D. NET WORTH (B–C) $____________ The Commission, having examined the Declaration of the above-named person in public life, hereby certifies that, as 64 Prevention of Corruption far as it can determine, from the information provided, a full disclosure has been made in accordance with the provisions of the Act. Any person may make a written complaint to the Commission in relation to this Certificate (Section 12 (3)). __________________________ Chairman/Executive Director INTEGRITY COMMISSION DATED this_________ day of______________, 20_______. Prevention of Corruption 65 SCHEDULE 3 PREVENTION OF CORRUPTION ACT Acts of Corruption and Summons to Witness [Section 22] A person commits an act of corruption if 1. 1. (a) he in the performance of his public functions does any act or omits to do any act for the purpose of obtaining any illicit benefit for himself or any other person; (b) he fraudulently uses or conceals any property or other benefit derived from any such act or omission to act under paragraph (a) or (b); (c) he offers or grants, directly or indirectly, to a public servant any article, money or other benefit being a gift, favour, promise or advantage to the public servant or another person, for doing any act or omitting to do any act in the performance of the public servant’s public functions; (d) he allows his private interests to conflict with his public duties or to improperly influence his conduct in the performance of his public duties; (e) he being a natural person or a corporation, either aggregate or sole, club, society or other body of one or more persons, offers or grants, directly or indirectly to a person performing a public function in a foreign State, any article or money or other benefit, being a gift, 66 Prevention of Corruption favour, promise or advantages in connection with any economic or commercial transaction for an act to be performed or omitted to be performed by that person in the performance of his public functions; (f) he illegally uses for his own benefit or that of a third party, any property (including money) belonging to the Government or any statutory body or any government company or any body providing public utilities to which he has access as a result of or in the course of, the performance of his functions; (g) he, for his own benefit or for that of a third person, illegally diverts any property belonging to Government or any other person, which is in his custody for the due administration of his duties; (h) he acquires, or becomes a partner, associate or shareholder in, or a director of a firm or company which has contract with the Government or with the public body of which such person is a member or employee unless the person makes a disclosure of such partnership, association, shareholding or other interest to the Commission; (i) he illegally uses official influence in support of any scheme, or in furtherance of any contract or proposed contract or other matter in regard to which he has an interest; (j) he or any other person, on his behalf, illegally acquires property or pecuniary resources disproportionate to his legitimate sources of income; Prevention of Corruption 67 (k) he instigates, aids, abets or is an accessory after the fact or participates in whatsoever manner in the commission or attempted commission of or conspires to commit any act of corruption referred to in paragraphs (a) to (k). 68 Prevention of Corruption SCHEDULE 3 PART II PREVENTION OF CORRUPTION ACT Summons to Witness [Sections 16 and 39] SUMMONS TO WITNESS BEFORE THE INTEGRITY COMMISSION A.B., Complainant C.D., (name of person in public life). TO E.F., of …………………….......…………………..whereof A complaint has been made before the Integrity Commission that C.D………………………………………………………… ………………………………………………………………… ………………………………………………………………… (state concisely the substances of the complaint) and it has been made to appear to the Commission that you are likely to give material evidence on behalf of the Complaint/person in public life in this behalf: This is to require you to be and appear at …..o’clock *a.m/p.m. on the ……………………..… day of ..............20…………... at ………………………………………….………... before the Commission in the said place to testify concerning the matter of the said complaint. * Delete whichever is inapplicable Prevention of Corruption 69 Dated, this day of 20…………... …………………………………………………………….. Chairperson of the Integrity Commission