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Corruption And Economic Crime - Miscellaneous (Ss 43-47)

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                    (1) At the conclusion of any proceedings for an offence under Part IV, the court may, if it is of the opinion that the complainant or any other person has knowingly, and with intent to harm the accused, made a false, frivolous or groundless allegation against him or her, so certify in writing and transmit the certificate and the record of the proceedings to the Director of Public Prosecutions.

            (2) Any person who in the opinion of the court certified under subsection (1) has made a false, frivolous or groundless complaint or allegation to the effect that any person has committed or attempted to commit, or aided, abetted or counselled the commission of, or conspired with any other person to commit, any offence under Part IV, shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding five years, or to a fine not exceeding P5 000, or to both.

44.     Prohibition of disclosure of information

            Any person who, without lawful authority or reasonable excuse, discloses to any person who is the subject of an investigation in respect of an offence alleged or suspected to have been committed by him under this Act the fact that he or she is subject to such an investigation or any details of such investigation, or publishes or discloses to any other person either the identity of any person who is the subject of such an investigation or any details of such an investigation, shall be guilty of an offence and shall be liable, on conviction, to imprisonment for a term not exceeding one year or to a fine not exceeding P2 000, or to both.

45.     Protection of informers

            (1) In any trial in respect of an offence under Part IV, a witness shall not be obliged to disclose the name or address of any informer, or state any matter which might lead to his or her discovery.

            (2) Where any books, documents or papers which are in evidence or liable to inspection in any civil or criminal proceedings under this Act contain an entry in which any such informer or person is named or described or which might lead to his or her discovery, the court, before which the proceedings are held, shall cause all such passages to be concealed from view or to be obliterated so far as may be necessary to protect the informer or such person from discovery.

            (3) If in any proceedings before a court for an offence under this Act the court, after full inquiry into the case, is satisfied that an informer wilfully made a material statement which he or she knew or believed to be false or did not believe to be true, or if in any other proceedings a court is of the opinion that justice cannot be fully done between the parties thereto without disclosure of the name of an informer or a person who has assisted the Director-General, the court may permit inquiry and require full disclosure concerning the informer or such person.

45A.  Intimidation of informers

            Any person who threatens or intimidates another person for reporting allegations of corruption under this Act shall be guilty of an offence and shall be liable, on conviction, to a fine not exceeding P10 000 or to imprisonment for a term not exceeding five years, or to both.

46.     Liability for offences committed abroad

            The provisions of this Act shall have effect, in relation to citizens of Botswana, outside as well as within Botswana; and where an offence under Part IV is committed by a citizen of Botswana in any place outside Botswana, he or she may be dealt with in respect of such offence as if it had been committed within Botswana.

47.     Regulations

            The President may, by statutory instrument, make regulations generally for the purpose of giving effect to the provisions of this Act.