Laws of Zambia Active 2012The Anti-Corruption Act 2012
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Anti-Corruption [No. 3 of 2012 5
THE ANTI-CORRUPTION ACT, 2012
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ARRANGEMENT OF SECTIONS
PART I
PRELIMINARY
1. Short title
2. Application
3. Interpretation
PART II
THE ANTI CORRUPTION COMMISSION
4. Continuation of Commission
5. Autonomy of Commission
6. Functions of Commission
7. Instructions by Commission
8. Reports and recommendation by Commission
9. Director-General
10. Tenure of office of Director-General
11. Powers of Director-General
12. Deputy Director-General
13. Directors, Secretary, investigating officers and other staff of
Commission
14. Declaration of assets
15. Identity card
16. Prohibition of disclosure of information to unauthorised persons
17. Immunity of staff
18. Impersonation and procurement of officer
PART III
CORRUPT PRACTICES
horised persons
17. Immunity of staff
18. Impersonation and procurement of officer
PART III
CORRUPT PRACTICES
19. Corrupt practices by, or with, public officers
20. Corrupt transactions by, or with, private bodies
21. Abuse of authority of office
22. Possession of unexplained property
23. Corrupt transactions by, or with, agents
24. Corruption of members of public or private bodies with regard
to meetings
25. Corruption of witness
26. Corrupt practices by, or with, foreign public official
27. Corruption in relation to sporting events
Single copies of this Act may be obtained from the Government Printer
Publication ofP.O. Box 30136, 10101 Lusaka. Price K28,000
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d from the Government Printer
Publication ofP.O. Box 30136, 10101 Lusaka. Price K28,000
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28. Conflict of interest
29. Gratification for giving assistance, etc. with regard to contracts
30. Gratification for procuring withdrawal of tender
31. Obstruction of justice
32. Gratification with regard to bidding at auction sale
33. Coercion of investor
34. Corrupt acquisition of public property and revenue
35. Electoral corruption
36. Concealment of property
37. Dealing with, using and concealing gratification
38. Concealment of offence
39. Public officer's duty to report
40. Attempts and conspiracies
41. General penalty
42. Restitution
43. Recovery of gratification by distress, etc
44. Recovery of gratification corruptly received by agent
45. Certification of Government valuation officer or other
specialist valuer
46. Certain matters not to constitute defence
47. Suspension of public officer charged with corruption
48. Suspension of public officer convicted of corruption
49. Effect of conviction
50. Offences by body corporate or unincorporate body
PART IV
INVESTIGATION OF CORRUPT PRACTICES
onvicted of corruption
49. Effect of conviction
50. Offences by body corporate or unincorporate body
PART IV
INVESTIGATION OF CORRUPT PRACTICES
51. Lodging of complaint
52. Consideration of complaint
53. Power to require attendance before Director-General
54. Search without warrant
55. Search with warrant
56. Inspection of banker's books
57. Power of arrest
58. Seizure of property
59. Custody and release of seized property
60. Restriction on disposal of property
61. Restriction on disposal of property by third party
62. Forfeiture of unexplained property
63. General offences
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PART V
POWERS OF THE DIRECTOR OF PUBLIC PROSECUTIONS
64. Consent of Director of Public Prosecutions
65. Bail where suspect or accused person about to leave Zambia
PART VI
EVIDENCE, PRESUMPTIONS AND OTHER MATTERS
t of Director of Public Prosecutions
65. Bail where suspect or accused person about to leave Zambia
PART VI
EVIDENCE, PRESUMPTIONS AND OTHER MATTERS
66. Presumption of corrupt intent
67. Corroborative evidence of pecuniary resources or property
68. Grant of indemnity by Director of Public Prosecutions
69. Protection of whistleblowers, victims, experts, etc.
70. Evidence of custom inadmissible
71. Absence of power, authority or opportunity, no defence
72. Corrupt practices coming to notice of commission, body or
tribunal
73. Affidavit evidence
74. False, frivolous or groundless complaints or allegations
75. Forfeiture of proceeds or property corruptly acquired
76. Tampering with seized and forfeited property
77. Alternative conviction of accused person
78. Disapplication of secrecy obligations
79. Compensation for damage
80. Out of court settlement
PART VII
PUBLIC PARTICIPATION AND ACCESS TO INFORMATION
81. Public participation
82. Analysis and dissemination of information
83. Anti-corruption education and awareness
84. Maintenance of information
85. Guidelines on public participation
PART VIII
GENERAL PROVISIONS
86. Procedure for commencement of application
87. Register of gifts
88. Mutual legal assistance
89. Supremacy of Act
90. Defence
91. Offences committed outside Zambia
r commencement of application
87. Register of gifts
88. Mutual legal assistance
89. Supremacy of Act
90. Defence
91. Offences committed outside Zambia
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92. Extraditable offences
93. Rules
94. Regulations
95. Repeal of Act No. 38 of 2010
96. Staff of Commission
SCHEDULE
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GOVERNMENT OF ZAMBIA
ACT
No. 3 of 2012
Date of Assent: 12th April, 2012
GOVERNMENT OF ZAMBIA
ACT
No. 3 of 2012
Date of Assent: 12th April, 2012
An Act to continue the existence of the Anti-Corruption
Commission and provide for its powers and functions;
provide for the prevention, detection, investigation,
prosecution and punishment of corrupt practices and
related offences based on the rule of law, integrity,
transparency, accountability and management of public
affairs and property; provide for the development,
implementation and maintenance of coordinated anti-
corruption strategies through the promotion of public
participation; provide for the protection of witnesses,
experts, victims and other persons assisting the
Commission; provide for nullification of corrupt
transactions; provide for payment of compensation for
damage arising out of corrupt activities; provide for the
domestication of the United Nations Convention Against
Corruption, the African Union Convention on Preventing
and Combating Corruption, the Southern African
Development Community Protocol Against Corruption and
other regional and international instruments on corruption
to which Zambia is a party; repeal and replace the Anti-
Corruption Act, 2010; and provide for matters connected
with, or incidental to, the foregoing.
which Zambia is a party; repeal and replace the Anti-
Corruption Act, 2010; and provide for matters connected
with, or incidental to, the foregoing.
[ 16th April, 2012
ENACTED by the Parliament of Zambia. Enactment
PART I
PRELIMINARY
1. This Act may be cited as the Anti-Corruption Act, 2012. Short title
2. All offences under this Act shall be enquired into, tried and Application
otherwise dealt with in accordance with the Criminal Procedure Cap. 88
Code and any other written law.
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e dealt with in accordance with the Criminal Procedure Cap. 88
Code and any other written law.
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[ 16th April, 2012
ENACTED by the Parliament of Zambia. Enactment
PART I
PRELIMINARY
1. This Act may be cited as the Anti-Corruption Act, 2012. Short title
2. All offences under this Act shall be enquired into, tried and Application
otherwise dealt with in accordance with the Criminal Procedure Cap. 88
Code and any other written law.
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cordance with the Criminal Procedure Cap. 88
Code and any other written law.
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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;
"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 former spouse or conjugal partner of that person;
(d) 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;
(e) a company in which that person or that person’s
nominee, is a director or is in charge or in control
of its 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
(f) 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 of a person’s official duty
so as to constitute an offence under Part III;
special occasions, which is not in any way
connected with the performance of a person’s official duty
so as to constitute an offence under Part III;
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“Chairperson” means the person appointed as Chairperson
under paragraph 2 of the 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;
“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 advantage or benefit for
oneself or another person, and “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;
“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;
(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—
se; 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 executive, 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
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(c) an 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;
“ Government ” includes any Ministry, department, Service
or undertaking of the Government;
“ gratification ” includes—
(a) money, any gift, loan, fee, reward, commission,
valuable security, property, or interest in property
of any description, whether movable or
immovable;
(b) any employment or contract of employment or
services and any promise to give employment
or render services in any capacity;
any employment or contract of employment or
services and any promise to give employment
or render services in any capacity;
(c) any payment, release, discharge or liquidation of
any loan, obligation or other liability, whether in
whole or in part;
(d) any service, favour or advantage of any
description, such as protection from any penalty
or from any action or proceedings of a
disciplinary or penal nature, and including the
exercise or the omission from the exercise of
any right of any official power or duty;
(e) any valuable consideration or benefit of any
kind, discount, commission, rebate, bonus
deduction or percentage;
(f) any right or privilege; and
(g) any aid, vote, consent or influence;
“ head of public institution ” means a Chairperson, manager,
chief executive or person in charge of a public body;
“ illegal activity ” means an activity carried out which, under
any written law in the Republic, amounts to an offence;
“ local authority ” has the meaning assigned to it in the Local
Government Act;
Cap. 281
“ officer ” means a person appointed under section thirteen;
thority ” has the meaning assigned to it in the Local
Government Act;
Cap. 281
“ officer ” means a person appointed under section thirteen;
“ official emoluments ” includes an honorarium, a pension,
gratuity or other terminal benefits;
“ parastatal ” means any company, association, statutory
corporation, body or board or any institution of learning, in
which the State has a financial interest;
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nstitution of learning, in
which the State has a financial interest;
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“ official emoluments ” includes an honorarium, a pension,
gratuity or other terminal benefits;
“ parastatal ” means any company, association, statutory
corporation, body or board or any institution of learning, in
which the State has a financial interest;
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nstitution of learning, in
which the State has a financial interest;
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"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
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 a voluntary organisation, non-
governmental organisation, political party, charitable
institution, company, partnership, club or any other person
or organisation which is not a public body;
"property " includes any real or personal property, money,
things in action or other intangible or incorporeal property,
whether located in Zambia or elsewhere, and property of
corresponding value in the absence of the original illegally
acquired property whose value has been determined;
"public body " means the Government, any Ministry or
department of the Government, the National Assembly, the
Judicature, 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; Act No.
r, any written law;
"public funds " has the meaning assigned to it in the Public
Finance Act, 2004; Act No.
15 of
2004
"public officer " means any person who is a member of,
holds office in, is employed in the service of, or performs a
function for or provides a public service for, a public body,
whether such membership, office, service, function or
employment is permanent or temporary, appointed or
elected, full-time or part time, or paid or unpaid, and "public
office" shall be construed accordingly;
"public property " means property belonging to or under the
control of, or consigned or due to, a public body;
" relative ", in relation to a person, means —
(a) a parent, son, daughter, brother, sister, nephew,
niece, uncle, aunt, grandparent or cousin of that
person or that person's spouse; and
(b) a spouse of that person;
" repealed Act " means the Anti-Corruption Act, 2010; Act No. 38
of 2010
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"Secretary" means the person appointed Secretary under section thirteen;
of 2010
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"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;
"unexplained property" means property in respect of which the value is disproportionate to a person’s known sources of income at or around the time of the commission of the offence and for which there is no satisfactory explanation;
"valuable security" means any document —
(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 money or delivery of any property or the satisfaction of any obligation; and
the creation, transfer, surrender or release of any right, the payment of money or delivery of any property or the satisfaction of any obligation; and
"victim" means a person who suffers damage as a result of an act of corruption.
PART II
THE ANTI-CORRUPTION COMMISSION
Continuation of Commission Act No. 38 of 2010
4. (1) The Anti-Corruption Commission continued 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.
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(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.
5. Subject to the Constitution, the Commission shall not, in the performance of its functions, be subject to the direction or control of any person or authority.
6. (1) The functions of the Commission are to—
n the performance of its functions, be subject to the direction or control of any person or authority.
6. (1) 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—
(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 of 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;
(iii) disseminating information on the evil and dangerous effects of corrupt practices on society;
(iv) creation of committees in institutions for monitoring corruption in the institution; and
(v) enlisting and fostering public confidence and support against corrupt practices;
n institutions for monitoring corruption in 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 investigation of an offence under this Act:
Cap. 71
Autonomy of Commission Cap. 1
Functions of Commission
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16 No. 3 of 2012] Anti-Corruption
Provided that nothing in this paragraph
shall be considered as precluding any
public prosecutor from prosecuting,
subject to the directions of the Director of
Public 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, the
Commission has reasonable grounds to believe may be
connected with, or conducive to, corrupt practices;
(d) be the lead agency in matters of corruption;
ion has reasonable grounds to believe may be
connected with, or conducive to, corrupt practices;
(d) be the lead agency in matters of corruption;
(e) co-ordinate or co-operate, as applicable, with other
institutions authorised to investigate, prosecute, prevent
and combat corrupt practices so as to implement an
integrated approach to the eradication of corruption;
(f) 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;
(g) adopt and strengthen mechanisms for educating the public
to respect the public good and public interest and, in
particular—
(i) create awareness in the fight against corruption
and related offences;
(ii) develop educational and other programmes for
the sensitisation of the media;
(iii) promote an environment for the respect of ethics;
and
(iv) disseminate information and sensitise the public
on the negative effects of corruption and related
offences; and
(h) do all such things as are incidental or conducive to the
attainment of its functions.
ects of corruption and related
offences; and
(h) 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 7. (1) The Commission may instruct a public body on practices
by and procedures that are necessary to prevent, reduce or eliminate
Commission the occurrence of corrupt practices.
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Anti-Corruption [No. 3 of 2012 17
(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.
(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.
tive
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
of a 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, without any reasonable
explanation, 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.
8. (1) 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.
(2) An appropriate authority shall, within thirty days from the
date of receipt of the recommendation of the Commission under
subsection (1), make a report to the Commission on the action
taken by the appropriate authority.
eceipt of the recommendation of the Commission under
subsection (1), make a report to the Commission on the action
taken by the appropriate authority.
(3) The head of a public body which, without reasonable excuse,
fails to comply with sub-section (2), 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.
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,
subject to ratification by the National Assembly, on such terms and
conditions as the President may determine.
Reports and
recommend-
ation by
Commission
Directo-
General
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18 No. 3 of 2012] Anti-Corruption
(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 —
r-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;
(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.
(7) The Director-General shall, before taking office, take an oath or affirmation before the President in the prescribed manner and form.
Tenure of 10. (1) Subject to subsection (2), a person appointed Director-
office of General shall vacate that office on attaining the age of sixty-five
Director- years;
General
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.
ch 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 misconduct, and shall not be removed except by, or in accordance with, a resolution passed by the National Assembly pursuant to subsection (3).
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Anti-Corruption [No. 3 of 2012 19
al Assembly pursuant to subsection (3).
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Anti-Corruption [No. 3 of 2012 19
(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 misconduct, and shall not be removed except by, or in accordance with, a resolution passed by the National Assembly pursuant to subsection (3).
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Anti-Corruption [No. 3 of 2012 19 (3) If the National Assembly, by resolution supported by a simple
majority, resolves that the question of removing the Director-General
ought to be investigated, the Speaker of the National Assembly
shall send a copy of such resolution to the Chief Justice who shall
appoint a tribunal consisting of a chairperson and two other persons
to inquire into the matter. (4) The Chairperson and one other member of the tribunal
shall be persons who hold or have held high judicial office. (5) The tribunal shall inquire into the matter and send a report
on the facts of that matter to the President and a copy to the National
Assembly.
e. (5) The tribunal shall inquire into the matter and send a report
on the facts of that matter to the President and a copy to the National
Assembly.
(6) Where a tribunal appointed under subsection (3) advises
the President that the Director-General ought to be removed from
office for inability as aforesaid or for misconduct, the President
shall remove the Director-General from office. (7) If the question of removing the Director-General from
office has been referred to a tribunal under subsection (2), the
President may suspend the Director-General from performing the
functions of office, and any such suspension shall cease to have
effect if the tribunal advises the President that the Director-General
ought to be removed from office. (8) The Director-General may resign by giving three months’
notice, in writing, to the President, of the Director-General’s intention
to resign. 11.
(8) The Director-General may resign by giving three months’
notice, in writing, to the President, of the Director-General’s intention
to resign. 11.
(1) 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, 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 under the State Security Act, the Commission
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
Cap. 111
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Cap. 111
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20 No. 3 of 2012] Anti-Corruption
(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 (1), 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.
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,
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 (1), return the
document after the investigation of the offence is completed, and if
no criminal proceedings are to be instituted.
(5) 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.
ring an application made
under subsection (3), reverse, vary or dismiss the application or
make such other order as the court considers appropriate.
Deputy 12. (1) The Commission shall appoint a Deputy Director-
Director- General on such terms and conditions as it may determine.
General
(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 Commission otherwise directs, act as Director-
General.
[Page 17]
Anti-Corruption [No. 3 of 2012 21
shall, save where the Commission otherwise directs, act as Director-
General.
[Page 17]
Anti-Corruption [No. 3 of 2012 21
(5) If both the Director-General and the Deputy Director-
General are absent from office 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 Chairperson, 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.
13. (1) The Commission may appoint Directors, the Secretary,
investigating officers, and such other staff of the Commission, on
such terms and conditions as it may determine, to assist the Director-
General in the performance of the Director-General's functions
under this Act.
(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-General,
under this Act.
(3) An officer shall have such powers, functions and duties as
provided for, or as delegated to the officer by the Director-General,
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.
(5) 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 Directors, 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.
14. The Director-General, Deputy Director-General, officers
and Secretary shall, before taking office under this Act and every
five years thereafter —
(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
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
Directors,
Secretary,
investigating
officers and
other staff
of
Commission
Declaration
of assets
[Page 18]
22 No. 3 of 2012] Anti-Corruption
(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.
Identity card 15. (1) The Director-General shall issue to an officer of the
Commission an identity card which shall be prima facie 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
(1); and
(b) show the identity card to any person who requests to see
it or is subject to an investigation under this Act.
how the identity card to any person who requests to see
it or is subject to an investigation under this Act.
Prohibition 16. (1) A person shall not, without the consent in writing given
of disclosure by, or on behalf of, the Commission, publish or disclose to any
of person otherwise than in the course of such person’s duties, the
information contents of any document, communication or information which
to relates to, or which has come to that person’s knowledge in the
unauthorised course of that person’s duties under this Act.
persons
(2) A person who contravenes subsection (1) 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.
hundred thousand penalty units or to imprisonment for a period not
exceeding two 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 (1), 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.
Immunity of 17. (1) No proceedings, civil or criminal, shall lie against the
staff Director-General, Deputy Director-General, Directors, Secretary,
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.
in good faith in the exercise of the officer’s or member of staff’s
functions under this Act.
(2) Subject to the provisions of this Act, the Director-General,
Deputy Director-General, an officer or member of staff of the
Commission shall not be called to give evidence before any court
or tribunal in respect of anything coming to such person’s knowledge
in the exercise of such person’s functions under this Act.
[Page 19]
Anti-Corruption
[No. 3 of 2012 23
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.
Impersonation and procurement of officer
PART III
CORRUPT PRACTICES
le, upon conviction, to imprisonment
for a period of not less than two years.
Impersonation and procurement of officer
PART III
CORRUPT PRACTICES
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.
(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.
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.
20. (1) 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 be concerned, commits an offence.
Corrupt practices by, or with, public officers
Corrupt transactions by, or with, private bodies
[Page 20]
24 No. 3 [of 2012] Anti-Corruption
ence.
Corrupt practices by, or with, public officers
Corrupt transactions by, or with, private bodies
[Page 20]
24 No. 3 [of 2012] Anti-Corruption
Abuse of 21 (1) A public officer commits an offence who —
authority of
office (a) does, or directs to be done, in abuse of the public officer’s
position, office or authority any arbitrary act prejudicial
to the rights or interests of the Government or any other
person;
(b) uses that public officer’s position, office or authority or
any information that the public officer obtains as a result
of, or in the course of, the performance of that public
officer’s functions to obtain property, profit, an
advantage or benefit, directly or indirectly, for oneself
or another person;
(c) uses the public officer’s position, office or information to
obtain, promise, offer, or give an undue advantage to
oneself or another person, directly or indirectly, in order
for the public officer to perform or refrain from
performing the public officer’s duties; or
(d) solicits or accepts directly or indirectly an undue advantage
or benefit for oneself or for another person in order for
the public officer to perform or refrain from performing
the public officer’s duties.
antage
or benefit for oneself or for another person in order for
the public officer to perform or refrain from performing
the public officer’s duties.
(2) For the purposes of subsection (1), a public officer shall be
presumed, until the contrary is proved, to have used that public
officer’s position, office or information for an advantage or benefit
where the public officer takes any decision or action in relation to
any matter in which the public officer or a relative or associate of
that public officer, has a direct or indirect interest.
(3) 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.
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.
(4) 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.
(5) A public officer who unreasonably delays, refuses, neglects
or omits to perform that public officer’s duties or functions in order
to procure or induce a person to offer or give gratification to that
public officer, commits an offence.
[Page 21]
Anti-Corruption No. 3 of 2012 25
to procure or induce a person to offer or give gratification to that
public officer, commits an offence.
[Page 21]
Anti-Corruption No. 3 of 2012 25
22. (1) Subject to the Constitution, any public officer who —
(a) maintains a standard of living above which is
commensurate with the public officer’s present or past
official emoluments or other income;
(b) is in control or possession of pecuniary resources or
property disproportionate to the public officer’s present
or past official emoluments; or
(c) is in receipt of the benefit of any services which the public
officer may reasonably be suspected of having received
corruptly or in circumstances which amount to an
offence under this Act;
shall, unless the contrary is proved, be liable for the offence of
having, or having had under the public officer’s control or in the
public officer’s possession pecuniary resources or property
reasonably suspected of having been corruptly acquired, or having
misused or abused the public officer’s office, as the case may be.
urces or property
reasonably suspected of having been corruptly acquired, or having
misused or abused the public officer’s office, as the case may be.
(2) Where a court is satisfied in proceedings for an offence
under subsection (1) that, having regard to the closeness of the
public officer’s relationship to the accused and to other relevant
circumstances, there is reason to believe that any person was holding
pecuniary resources or property in trust for or otherwise on behalf
of the accused, or acquired such pecuniary resources or property
as a gift, or loan without adequate consideration, from the accused,
such pecuniary resources or property shall, unless the contrary is
proved, be deemed to have been under the control or in the
possession of the accused.
Possession of
unexplained
property
23. (1) An agent who, with or without the principal’s knowledge
or concurrence, 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.
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.
(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
Corrupt
transactions
by, or with,
agents
[Page 22]
26 No. 3 of 2012] Anti-Corruption
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.
ctive in any
material particular, and which to the agent’s knowledge or belief is
intended to mislead the principal, commits an offence.
Corruption 24. (1) A person who being a member of any public or private
of members
of public or body by oneself, or by, or in conjunction with, any other person,
private
bodies with corruptly solicits, accepts or obtains, or agrees to accept or attempts
regard to
meetings 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 voting 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;
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.
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 (1), commits an offence.
Corruption
of witness 25. (1) A person who, directly or indirectly, corrupts a witness
so as to induce false testimony, an advantage or benefit for oneself
or another person 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 period not exceeding seven years.
take testimony commits an offence and is liable, upon conviction,
to imprisonment for a period not exceeding seven 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 seven years.
[Page 23]
Anti-Corruption [No. 3 of 2012 27
upon conviction, to imprisonment for a
period not exceeding seven years.
[Page 23]
Anti-Corruption [No. 3 of 2012 27
(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 seven years.
26. (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.
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) A foreign public official 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 foreign public body is or may be concerned, commits an offence.
(3) A person who unlawfully promises, offers, or gives to a foreign public official, directly or indirectly, an undue advantage, for the benefit of the foreign public official or another person, in order that the public official may do or forbear to do, in the exercise of the official duties, in order to obtain or retain business or other undue advantage in relation to the conduct of international affairs or business, commits an offence.
s, in order to obtain or retain business or other undue advantage in relation to the conduct of international affairs or business, commits an offence.
(4) A foreign public official who solicits or accepts, directly or indirectly, an undue advantage, for the benefit of the foreign public official or another person, in order that the foreign public official may act or refrain from acting in the exercise of official duties, commits an offence.
27. 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
Corrupt practices by, or with, foreign public official
Corruption in relation to sporting events
[Page 24]
28 No. 3 of 2012] Anti-Corruption
nt; or
Corrupt practices by, or with, foreign public official
Corruption in relation to sporting events
[Page 24]
28 No. 3 of 2012] Anti-Corruption
(4) A foreign public official who solicits or accepts, directly or indirectly, an undue advantage, for the benefit of the foreign public official or another person, in order that the foreign public official may act or refrain from acting in the exercise of official duties, commits an offence.
27. 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
Corrupt practices by, or with, foreign public official
Corruption in relation to sporting events
[Page 24]
28 No. 3 of 2012] Anti-Corruption (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. Conflict of
interest 28.
s a
reward for influencing or having influenced the run of
play or the outcome of a sporting event;
commits an offence. Conflict of
interest 28.
(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 and shall not take part
in any proceedings or process of that public body relating to such
decision. (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 forthwith disclose, in writing to
that public body, the nature of such interest and shall not vote or
take part in any proceedings or process of that public body relating
to such decision. (3) A public officer who contravenes subsection (1) or (2)
commits an offence. Gratification
for giving
assistance,
etc., with
regard to
contracts
29.
) A public officer who contravenes subsection (1) or (2)
commits an offence. Gratification
for giving
assistance,
etc., with
regard to
contracts
29.
(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 or other moneys
stipulated or otherwise provided for in any contract or
sub-contract;
commits an offence.
[Page 25]
Anti-Corruption [No. 3 of 2012 29
er moneys
stipulated or otherwise provided for in any contract or
sub-contract;
commits an offence.
[Page 25]
Anti-Corruption [No. 3 of 2012 29
(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.
30. (1) A person who, directly or indirectly, by oneself, or by, Gratification or in conjunction with, any other person, corruptly solicits, accepts, for procures or obtains, or agrees to accept or attempts to receive or obtain withdrawal from any person for oneself or for any other person, any gratification of tender 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.
rformance of any work, the provision of any service, the doing of anything or the supplying of any article, material or substance, 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, the withdrawal of a tender, or the refraining from making of a tender for a contract, commits an offence.
31. (1) A person who, by use of corrupt means or with intent Obstruction to prevent the course of justice, interferes with the exercise of of justice official 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 seven 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;
n 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 seven years.
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