Revised Laws of Mauritius

P24– 1 [Issue 4]

PREVENTION OF CORRUPTION ACT Act 5 of 2002 — 1 April 2002

ARRANGEMENT OF SECTIONS

SECTION PART I – PRELIMINARY

1. Short title 2. Interpretation 3. Application of Act PART II – CORRUPTION

OFFENCES 4. Bribery by public official 5. Bribery of public official 6. Taking gratification to screen

offender from punishment 7. Public official using his office for

gratification 8. Bribery of or by a public official to

influence decision of a public body 9. Influencing public official

10. Trafic d’influence 11. Public official taking gratification 12. Bribery for procuring contracts 13. Conflict of interests 14. Treating of public official 15. Receiving gift for a corrupt purpose 16. Corruption of agent 17. Corruption to provoke a serious

offence PART III – THE INDEPENDENT

COMMISSION AGAINST CORRUPTION

18. — 19. Establishment of Commission 20. Functions of Commission 21. Terms and conditions of appoint-

ment of Director-General 22. Vacancy of office of Director-

General 23. Termination of appointment 24. Officers of Commission 25. Disclosure of assets and liabilities 26. Use of independent professionals 27. Meetings of Board



27A. Disclosure of interest by Board member

28. Divisions of Commission 29. Director of Corruption Investigation

Division 30. Director of Corruption Prevention

and Education Division 31. The Chief Legal Adviser 32. General Fund 33. Funds of Commission 34. Commission accounts 35. Estimates 36. Audit and annual reports 37. Exemptions 38. Protection of members of Board

and officers 38A. Protection from liability PART IV — 39. – 42. — PART V – PROCEEDINGS OF

COMMISSION 43. Notification of corruption offences 44. Duty to report corruption offences 45. Referrals to Commission 46. Investigation by Commission 47. Further investigation by

Commission 48. Protection of informers 49. Protection of witnesses 50. Powers of Commission to

examine person 51. Orders to search certain premises 52. Power of entry and search 53. Powers of arrest 54. Property tracking and monitoring

order 55. Enforcement of property tracking

and monitoring order 56. Application for attachment order

Prevention of Corruption Act

[Issue 4] P24 – 2

SECTION 57. Features of attachment order 58. Seizure of movable property PART VI – THE PARLIAMENTARY

COMMITTEE 59. The Parliamentary Committee 60. Proceedings of Parliamentary

Committee 61. Functions and powers of

Parliamentary Committee PART VII — 62. – 64. — PART VIII — 65. – 79.— PART IX – EXTRADITION 80. Corruption offence extraditable

PART X – MISCELLANEOUS 81. Confidentiality 82. Prosecution, conviction and

forfeiture 82A. Jurisdiction 83. Burden of proof 84. Possession of unexplained wealth 85. — 86. Donations and legacies 87. Regulations 88. – 89.— 90. Savings and transitional provisions 91. — FIRST SCHEDULE SECOND SCHEDULE



PREVENTION OF CORRUPTION ACT

PART I – PRELIMINARY

1. Short title

This Act may be cited as the Prevention of Corruption Act.

2. Interpretation

In this Act—

“act of corruption”— (a) means an act which constitutes a corruption offence; and (b) includes— (i) any conduct whereby, in return for a gratification, a person

does or neglects from doing an act in contravention of his public duties;

(ii) the offer, promise, soliciting or receipt of a gratification as an inducement or reward to a person to do or not to do any act, with a corrupt intention;

(iii) the abuse of a public or private office for private gain; (iv) an agreement between 2 or more persons to act or refrain

from acting in violation of a person’s duties in the private or public sector for profit or gain;

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(v) any conduct whereby a person accepts or obtains, or agrees to accept or attempts to obtain, from any person, for himself or for any other person, any gratification for in- ducing a public official, by corrupt or illegal means, or by the exercise of personal influence, to do or abstain from doing an act in the exercise of his duties to show favour or disfavour to any person;

“agent”—

(a) means any person employed by or acting for another person;

(b) includes a member or an officer of a public body, a trustee, a subcontractor, and any person employed by or acting for such trustee or subcontractor;

“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 firm of which that person, or his nominee, is a partner or a person in charge or in control of its business or affairs;

(d) a company in which that person, or his 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 his nominee, holds a control- ling interest, or shares amounting to more than 30 per cent of the total issued share capital; or

(e) 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 to

the trust at any time, whether before or after the creation of the trust, amounts, at any time, to not less than 20 per cent of the total value of the assets of the trust;

“bank”—

(a) has the same meaning as in the Banking Act; and

(b) includes any person licensed under the Banking Act to carry on deposit taking business;

“Board” means the Board referred to in section 19 (3);

“cash dealer” has the same meaning as in the Banking Act;

“Commission” means the Independent Commission against Corruption established under section 19;

“Corruption Investigation Division” means the Corruption Investigation Division set up under section 28;

“corruption offence” means an offence under Part II or under such other enactment as the Prime Minister may prescribe;

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“Corruption Prevention and Education Division” means the Corruption Prevention and Education Division set up under section 28;

“crime”—

(a) has the same meaning as in the Criminal Code;

(b) includes an activity carried out outside Mauritius and which, had it taken place in Mauritius, would have constituted a crime;

(c) includes any act or omission occurring outside Mauritius, but which, had it taken place in Mauritius, would have constituted a crime;

“Director-General” means the person appointed under section 19 (4);

“Director of the Corruption Investigation Division” means the person appointed as such under section 29;

“Director of the Corruption, Prevention and Education Division” means the person appointed as such under section 30;

“financial institution” means an institution or person regulated by—

(a) the Financial Services Act;

(b) the Immigration Act in so far as it relates to section 5A;

(c) the Insurance Act;

(d) the Securities (Central Depository, Clearing and Settlement) Act;

(e) the Securities Act;

(f) the Trusts Act; and

(g) the Unit Trust Act;

“financial year” means the period of 12 months ending on 30 June in any year;

“FIU” means the Financial Intelligence Unit established under the Fi- nancial Intelligence and Anti-Money Laundering Act;

“Government company” means a company registered under the Com- panies Act and in which the Government of Mauritius—

(a) directly or indirectly or through any other corporate body, owns or controls not less than 50 per cent of the entire share capital; or

(b) by reason of its financial input through loans, debentures or oth- erwise, or by reason of the presence of its representatives on the Board of Directors, is in a position to influence its policy or decisions;

“gratification”—

(a) means a gift, reward, discount, premium or other advantage, other than lawful remuneration; and

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(b) includes— (i) a loan, fee or commission consisting of money or of any

valuable security or of other property or interest in property of any description;

(ii) the offer of an office, employment or other contract; (iii) the payment, release or discharge of a loan, obligation or

other liability; and (iv) the payment of inadequate consideration for goods or ser-

vices; (c) the offer or promise, whether conditional or unconditional, of a

gratification;

“Legal Division” means the Legal Division set up under section 28;

“member of a relevant profession or occupation” has the same mean- ing as in the Financial Intelligence and Anti-Money Laundering Act;

“Minister” means the Minister to whom responsibility for the subject of corruption is assigned;

“money laundering offence” means an offence under Part II of the Financial Intelligence and Anti-Money Laundering Act;

“officer”—

(a) means an officer appointed under section 24; and (b) includes the Director of the Corruption Investigation Division, the

Director of the Corruption Prevention and Education Division and the Chief Legal Adviser;

“Parliamentary Committee” means the Parliamentary Committee set up under section 59;

“principal” includes an employer, a beneficiary under a trust, a person beneficially interested in the succession of a person, and, in the case of a person serving in or under a public body, the public body;

“public body”—

(a) means a Ministry or Government department, a Commission set up under the Constitution or under the authority of any other law, a local authority or a statutory corporation; and

(b) includes a Government company;

“public official”— (a) means a Minister, a member of the National Assembly, a public

officer, a local government officer, an employee or member of a local authority, a member of a Commission set up under the Constitution, an employee or member of a statutory corporation, or an employee or director of any Government company;

(b) includes a Judge, an arbitrator, an assessor or a member of a jury;

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(c) includes an official of the International Criminal Court referred to in the International Criminal Court Act;

“relative”, in relation to a person, means— (a) a spouse or conjugal partner of that person; (b) a brother or sister of that person; (c) a brother or sister of the spouse of that person; or (d) any lineal ascendant or descendant of that person;

“suspicious transaction” means a transaction which— (a) gives rise to a reasonable suspicion that it may involve the laun-

dering of money or the proceeds of any crime including any offence concerning the financing of any activities or transaction related to terrorism as specified in Part III of the Prevention of Terrorism Act;

(b) is made in circumstances of unusual or unjustified complexity; (c) appears to have no economic justification or lawful objective; (d) is made by or on behalf of a person whose identity has not been

established to the satisfaction of the person with whom the transaction is made; or

(e) gives rise to suspicion for any other reason. [S. 2 amended by s. 25 of Act 14 of 2005 w.e.f. 10 November 2004; s. 156 (9) of

Act 22 of 2005 w.e.f. 28 September 2007; s. 3 of Act 24 of 2005 w.e.f. 1 October 2005; s. 97 of Act 14 of 2007 w.e.f. 28 September 2007; s. 44 (3) of Act 27 of 2011 w.e.f.

15 January 2012; s. 21 of Act 27 of 2012 w.e.f. 22 December 2012.]

3. Application of Act

A person shall commit an offence under this Act where— (a) the act or omission constituting the offence occurs in Mauritius

or outside Mauritius; or (b) the act constituting the offence is done by that person, or for

him, by another person. [S. 3 amended by s. 3 of Act 1 of 2006 w.e.f. 29 April 2006.]

PART II – CORRUPTION OFFENCES

4. Bribery by public official

(1) Any public official who solicits, accepts or obtains from another person, for himself or for any other person, a gratification for— (a) doing or abstaining from doing, or having done or abstained from

doing, an act in the execution of his functions or duties; (b) doing or abstaining from doing, or having done or abstained from

doing, an act which is facilitated by his functions or duties; (c) expediting, delaying, hindering or preventing, or having expedited,

delayed, hindered or prevented, the performance of an act in the execution of his functions or duties;

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(d) expediting, delaying, hindering or preventing, or having expe- dited, delayed, hindered or prevented, the performance of an act by another public official, in the execution of the latter’s func- tions or duties;

(e) assisting, favouring, hindering or delaying, or having assisted, favoured, hindered or delayed, another person in the transaction of a business with a public body,

shall commit an offence and shall, on conviction, be liable to penal servitude for a term not exceeding 10 years.

(2) Notwithstanding section 83, where in any proceedings against any person for an offence, it is proved that the public official solicited, accepted or obtained a gratification, it shall be presumed, until the contrary is proved, that the gratification was solicited, accepted or obtained for any of the pur- poses set out in subsection (1) (a) to (e).

5. Bribery of public official

(1) Any person who gives, agrees to give, or offers a gratification to a public official for—

(a) doing, or for abstaining from doing, or having done or abstained from doing, an act in the execution of his functions or duties;

(b) doing or abstaining from doing, or for having done or abstained from doing, an act which is facilitated by his functions or duties;

(c) expediting, delaying, hindering or preventing, or having expe- dited, delayed, hindered or prevented, the performance of an act in the execution of his functions or duties;

(d) expediting, delaying, hindering or preventing, or having expe- dited, delayed, hindered or prevented, the performance of an act by another public official in the execution of the latter’s func- tions or duties;

(e) assisting, favouring, hindering or delaying or having assisted, favoured, hindered or delayed another person in the transaction of a business with a public body,

shall commit an offence and shall, on conviction, be liable to penal servitude for a term not exceeding 10 years.

(2) Notwithstanding section 83, where in any proceedings against any person for an offence under subsection (1), it is proved that the accused gave, agreed to give or offered gratification, it shall be presumed, until the contrary is proved, that the accused gave, agreed to give or offered the gratification for any of the purposes set out in subsection (1) (a) to (e).

6. Taking gratification to screen offender from punishment

(1) Subject to section (2), any person who accepts or obtains, or agrees to accept or attempts to obtain, a gratification for himself or for any other per- son, in consideration of his concealing an offence, or his screening any other

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person from legal proceedings for an offence, or his not proceeding against any other person in relation to an alleged offence, or his abandoning or with- drawing, or his obtaining or endeavouring to obtain the withdrawal of, a prosecution against any other person, shall commit an offence and shall, on conviction—

(a) where the offence is a crime, be liable to imprisonment for a term not exceeding 5 years;

(b) where the offence is a misdemeanour, be liable to imprisonment for a term not exceeding one year;

(c) where the offence is a contravention, be liable to imprisonment for a term not exceeding 6 months.

(2) This section shall not extend to any lawful compromise as to the civil interests resulting from the offence, but any such compromise shall not be a bar to any criminal proceedings which may be instituted by the State in re- spect of the offence.

7. Public official using his office for gratification

(1) Subject to subsection (3), any public official who makes use of his of- fice or position for a gratification for himself or another person shall commit an offence and shall, on conviction, be liable to penal servitude for a term not exceeding 10 years.

(2) For the purposes of subsection (1), a public official shall be pre- sumed, until the contrary is proved, to have made use of his office or posi- tion for a gratification where he has taken any decision or action in relation to any matter in which he, or a relative or associate of his, has a direct or indirect interest.

(3) This section shall not apply to a public official who—

(a) holds office in a public body as a representative of a body corpo- rate which holds shares or interests in that public body; and

(b) acts in that capacity in the interest of that body corporate.

8. Bribery of or by public official to influence decision of a public body

(1) Any person who gives, or agrees to give, or offers, to a public offi- cial, a gratification for—

(a) voting or abstaining from voting, or having voted or abstained from voting, at a meeting of a public body of which he is a member, director or employee, in favour of or against any meas- ure, resolution or question submitted to the public body;

(b) performing or abstaining from performing, or aiding in procuring, expediting, delaying, hindering or preventing, or having per- formed or abstained from performing, or having aided in procur- ing, expediting, delaying, hindering or preventing, the perform- ance of an act of a public body of which he is a member, direc- tor or employee;

Revised Laws of Mauritius



(c) aiding in procuring, or preventing, or having aided in procuring or preventing, the passing of any vote or the granting of any con- tract or advantage in favour of any other person,

shall commit an offence and shall, on conviction, be liable to penal servitude for a term not exceeding 10 years.

(2) Any public official who solicits or accepts a gratification for—

(a) voting or abstaining from voting, or having voted or abstained from voting at a meeting of a public body of which he is a mem- ber, director or employee, in favour of or against any measure, resolution or question submitted to the public body;

(b) performing or abstaining from performing, or aiding in procuring, expediting, delaying, hindering or preventing, the performance of, an act of a public body of which he is a member, director or employee;

(c) aiding in procuring or preventing, or having aided in procuring or preventing, the passing of any vote or the granting of any con- tract or advantage in favour of any person,

shall commit an offence and shall, on conviction, be liable to penal servitude for a term not exceeding 10 years.

9. Influencing public official

Any person who exercises any form of violence, or pressure by means of threat, upon a public official, with a view to the performance, by that public official, of any act in the execution of his functions or duties, or the non- performance, by that public official, of any such act, shall commit an offence and shall, on conviction, be liable to penal servitude for a term not exceeding 10 years.

10. Trafic d’influence

(1) Any person who gives or agrees to give or offers a gratification to another person, to cause a public official to use his influence, real or ficti- tious, to obtain any work, employment, contract or other benefit from a pub- lic body, shall commit an offence and shall, on conviction, be liable to penal servitude for a term not exceeding 10 years.

(2) Any person who gives or agrees to give or offers a gratification to another person to use his influence, real or fictitious, to obtain any work, employment, contract or other benefit from a public body, shall commit an offence and shall, on conviction, be liable to penal servitude for a term not exceeding 10 years.

(3) Any person who gives or agrees to give or offers a gratification to public official to cause that public official to use his influence, real or ficti- tious, to obtain any work, employment, contract or other benefit from a pub- lic body, shall commit an offence and shall, on conviction, be liable to penal servitude for a term not exceeding 10 years.

Prevention of Corruption Act



(4) Any person who solicits, accepts or obtains a gratification from any other person for himself or for any other person in order to make use of his influence, real or fictitious, to obtain any work, employment, contract or other benefit from a public body, shall commit an offence and shall, on con- viction, be liable to penal servitude for a term not exceeding 10 years.

(5) Any public official who solicits, accepts or obtains a gratification from any other person for himself or for any other person in order to make use of his influence, real or fictitious, to obtain any work, employment, contract or other benefit from a public body, shall commit an offence and shall, on con- viction, be liable to penal servitude for a term not exceeding 10 years.

11. Public official taking gratification

Any public official who accepts or receives a gratification, for himself or for any other person— (a) for doing or having done an act which he alleges, or induces any

person to believe, he is empowered to do in the exercise of his functions or duties, although as a fact such act does not form part of his functions or duties; or

(b) for abstaining from doing or having abstained from doing an act which he alleges, or induces any person to believe, he is em- powered not to do or bound to do in the ordinary course of his function or duty, although as a fact such act does not form part of his functions or duties,

shall commit an offence and shall, on conviction, be liable to penal servitude for a term not exceeding 10 years.

12. Bribery for procuring contracts

(1) Any person who gives or agrees to give or offers a gratification to a public official in consideration of that public official giving assistance or using influence in— (a) promoting, executing, or procuring a contract with a public body

for the performance of a work, the supply of a service, or the procurement of supplies;

(b) the payment of the price provided for in a contract with a public body;

(c) obtaining for that person or for any other person, an advantage under a contract for work or procurement,

shall commit an offence and shall, on conviction, be liable to penal servitude for a term not exceeding 10 years.

(2) Any public official who solicits, accepts or obtains from any other person, for himself or for any other person, a gratification for giving assis- tance or using influence in— (a) promoting, executing, or procuring a contract with a public body

for the performance of a work, the supply of a service, or the procurement of supplies;

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(b) the payment of the price provided for in a contract with a public body;

(c) obtaining for that person or for any other person, an advantage under a contract for work or procurement,

shall commit an offence and shall, on conviction, be liable to penal servitude for a term not exceeding 10 years.

13. Conflict of interests

(1) Where—

(a) a public body in which a public official is a member, director or employee proposes to deal with a company, partnership or other undertaking in which that public official or a relative or associate of his has a direct or indirect interest; and

(b) that public official, his relative or associate or both of them hold more than 10 per cent of the total issued share capital or of the total equity participation in such company, partnership or other undertaking,

that public official shall forthwith disclose, in writing, to that public body the nature of such interest.

(2) Where a public official or a relative or associate of his has a personal interest in a decision which a public body is to take, that public official shall not vote or take part in any proceedings of that public body relating to such decision.

(3) Any public official who contravenes subsection (1) or (2) shall com- mit an offence and shall, on conviction, be liable to penal servitude for a term not exceeding 10 years.

[S. 13 amended by s. 4 of Act 1 of 2006 w.e.f. 29 April 2006.]

14. Treating of public official

Any person who, while having dealings with a public body, offers a grati- fication to a public official who is a member, director or employee of that public body shall commit an offence and shall, on conviction, be liable to pe- nal servitude for a term not exceeding 10 years.

15. Receiving gift for a corrupt purpose

Any public official who solicits, accepts or obtains a gratification for him- self or for any other person—

(a) from a person, whom he knows to have been, to be, or to be likely to be, concerned in any proceeding or business transacted or about to be transacted by him, or having any connection with his functions or those of any public official to whom he is subor- dinate or of whom he is the superior; or

(b) from a person whom he knows to be interested in or related to the person so concerned,

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shall commit an offence and shall, on conviction, be liable to penal servitude for a term not exceeding 10 years.

16. Corruption of agent

(1) Any agent who, without the consent of his principal, solicits, accepts or obtains from any other person for himself or for any other person, a grati- fication for doing or abstaining from doing an act in the execution of his functions or duties or in relation to his principal’s affairs or business, or for having done or abstained from doing such act, shall commit an offence and shall, on conviction, be liable to penal servitude for a term not exceeding 10 years.

(2) Any person who gives or agrees to give or offers, a gratification to an agent for doing or abstaining from doing an act in the execution of his func- tions or duties or in relation to his principal’s affairs or business or for having done or abstained from doing such act, shall commit an offence and shall, on conviction, be liable to penal servitude for a term not exceeding 10 years.

17. Corruption to provoke a serious offence

Where a person has committed an offence under this Part with the object of committing or facilitating the commission of a crime, that person shall, on conviction, be sentenced to penal servitude.

PART III – THE INDEPENDENT COMMISSION AGAINST CORRUPTION

18 — [S. 18 repealed by s. 4 of Act 24 of 2005 w.e.f. 1 October 2005.]

19. Establishment of Commission

(1) There is established for the purposes of this Act a Commission which shall be known as the Independent Commission against Corruption.

(2) The Commission shall be a body corporate.

(3) (a) The Commission shall be administered and managed by a Board which shall consist of a Chairperson and 2 other members.

(b) The Chairperson of the Board shall be the Director-General of the Commission.

(4) The Director-General shall be appointed by the Prime Minister after consultation with the Leader of the Opposition and shall be a person who—

(a) has served as a Judge of the Supreme Court; (b) has served as a Magistrate in Mauritius for not less than 10 years;

(c) is, or has been, a practising barrister or law officer for not less than 10 years;

(ca) for an aggregate period of not less than 10 years, has served as a Magistrate in Mauritius and been either a practising barrister or a law officer, or both a practising barrister and a law officer; or

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(d) has served in an anti-corruption agency in another country at an acceptable level of seniority.

(5) The members of the Board, other than the Director-General, shall be persons having sufficient knowledge and experience in the field of law, bank- ing, accountancy, finance, financial services, economics or fraud detection and shall be appointed by the Prime Minister.

(6) The members of the Board, other than the Director-General, shall be paid such fees or allowances as the Prime Minister may determine.

[S. 19 amended by s. 5 of Act 24 of 2005 w.e.f. 1 October 2005; s. 5 of Act 1 of 2006 w.e.f. 29 April 2006.]

20. Functions of Commission

(1) The functions of the Commission shall be to—

(a) educate the public against corruption;

(b) enlist and foster public support in combating corruption;

(c) receive and consider any allegation that a corruption offence has been committed;

(d) detect or investigate any act of corruption;

(e) investigate the conduct of any public official which, in its opin- ion, is connected with or conducive to corruption;

(f) monitor, in such manner as it considers appropriate, the imple- mentation of any contract awarded by a public body, with a view to ensuring that no irregularity or impropriety is involved therein;

(g) examine the practices and procedures of any public body in or- der to facilitate the discovery of acts of corruption and to secure the revision of methods of work or procedures which, in its opin- ion, may be conducive to corruption;

(h) advise and assist any public body on ways and means in which acts of corruption may be eliminated;

(i) undertake and assist in research projects in order to identify the causes of corruption and its consequences on, inter alia, the so- cial and economic structure of Mauritius;

(j) co-operate with all other statutory corporations which have as object the betterment of the social and economic life of Mauritius;

(k) draft model codes of conduct and advise public bodies as to the adoption of such code of conduct as may be suited to such bodies;

(l) co-operate and collaborate with international institutions, agen- cies or organisations in the fight against money laundering and corruption;

(m) monitor current legislative and administrative practices;

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(n) advise the Parliamentary Committee on such legislative reform as it considers necessary to foster the elimination of acts of corruption;

(o) detect and investigate any matter that may involve the launder- ing of money or suspicious transaction that is referred to it by the FIU;

(p) execute any request for assistance referred to it by the FIU; (q) take such measures as may be necessary to counteract money-

laundering in consultation with the FIU; (r) co-operate and collaborate with the FIU in fulfilling common

objectives.

(2) The Commission shall act independently, impartially, fairly and in the public interest.

(3) Subject to this Act, the Director-General shall not be under the con- trol, direction of any other person or authority.

(4) The Prime Minister may appoint such committee as he may deem necessary for advising the Commission on— (a) any matter pertaining to the functions of the Commission; (b) strategies to reduce corruption; (c) educational programs to be implemented so as to involve the

community in anti-corruption strategies; (d) the staffing policies of the Commission; (e) the annual estimates of the Commission; and (f) such other matters as he may deem fit.

[S. 20 amended by s. 6 of Act 24 of 2005 w.e.f. 1 October 2005.]

21. Terms and conditions of appointment of Director-General

(1) Subject to this section, the Director-General shall hold office on such terms and conditions as may be determined by the Prime Minister.

(2) The Director-General shall be appointed for a term of not less than 3 years and not more than 5 years and shall be eligible for reappointment.

(3) The Director-General shall occupy his office in a full-time capacity and shall not engage in any other activity for which he is remunerated in what- ever form.

[S. 21 repealed and replaced by s. 7 of Act 24 of 2005 w.e.f. 1 October 2005.]

22. Vacancy in office of Director-General

(1) Where— (a) the office of the Director-General is vacant; or (b) the Director-General is absent from duty or is, for any other rea-

son, unable to perform the duties of his office,

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the Prime Minister may appoint the Director of any of the Divisions referred to in section 28 to act as Director-General.

(2) An appointment made under subsection (1) shall not exceed 9 months. [S. 22 amended by s. 8 of Act 24 of 2005 w.e.f. 1 October 2005;

s. 6 of Act 1 of 2006 w.e.f. 29 April 2006.]

23. Termination of appointment

(1) Where—

(a) the Parliamentary Committee has reason to believe that the Director-General has been guilty of such gross negligence, irregu- larity or misconduct that his appointment ought to be termi- nated; or

(b) the Director-General is unable to discharge the functions of his office, whether such inability arises from infirmity of body or mind or any other cause,

the Parliamentary Committee may, by majority decision of its members, sus- pend the Director-General from office.

(2) Where the Parliamentary Committee suspends the Director-General under subsection (1), it shall forthwith refer the matter to the Attorney- General.

(3) Where a matter is referred to the Attorney-General under subsec- tion (2), the Attorney-General shall advise the Parliamentary Committee whether disciplinary proceedings or such other action as he thinks fit should be taken against the Director-General under this section.

(4) Where the Attorney-General does not, within 7 days of the date on which the Director-General was suspended, advise that proceedings be taken against the Director-General, the suspension shall be lifted and the Director- General reinstated forthwith in his office.

(5) Where the Attorney-General advises that proceedings be taken against the Director-General— (a) the Attorney-General shall forward to the Parliamentary Commit-

tee the charge which the Director-General will be required to an- swer, and designate a law officer to sustain the charge;

(b) the Attorney-General shall, on such terms and conditions as he may determine, appoint any person who holds or has held judi- cial office to hear and determine, without delay, whether the charge has been established.

(6) The person appointed to hear and determine the charge under subsec- tion (5) (b) shall, within 7 working days of the date on which the hearing is completed, forward his findings and the record of all his proceedings and evidence adduced before him to the Parliamentary Committee.

(7) Where the charge has been found established, the Parliamentary Com- mittee shall, within 7 working days of the receipt of the findings and record referred to in subsection (6), examine the findings and record and decide whether the appointment of the Director-General ought to be terminated.

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(8) Where the Parliamentary Committee decides that the appointment of the Director-General ought to be terminated, it shall communicate its deci- sion to the Director-General forthwith.

[S. 23 amended by s. 9 of Act 24 of 2005 w.e.f. 1 October 2005.]

24. Officers of Commission

(1) Subject to subsection (2), the Commission shall employ such officers as it considers necessary to discharge its functions, on such terms and con- ditions as it thinks fit.

(2) The Commission shall not select a person for employment unless— (a) it has advertised its intention to do so in the Gazette and in at

least 3 daily newspapers having a wide circulation in Mauritius; (b) it has considered all applications received; (c) it has interviewed the best qualified candidates; and (d) it is satisfied that, on the basis of qualifications, experience and

merit, the candidate who has been selected is of a standard which qualifies him to be appointed as an officer in the grade for which he has been selected.

(3) The Commission shall, with the approval of the Parliamentary Com- mittee, establish the salaries, wages, allowances and conditions of employ- ment of officers.

(4) Employment by the Commission under subsection (1) shall not be deemed to be employment in a public office.

(5) Notwithstanding subsection (1), the Commission may— (a) with the approval of the relevant Service Commission, recruit a

public officer or an officer of a local authority on contract; or (b) for the purpose of this Act, make use of the services of a police

officer or other public officer designated for that purpose by the Commissioner of Police or the Head of the Civil Service, as the case may be.

(6) Where the Commission recruits an officer under subsection (5) (a), that officer shall be granted leave without pay from his service for the dura- tion of his contract of employment with the Commission but shall not be granted any further leave, with or without pay, for the purposes of any ex- tension or renewal of such contract of employment.

(7) Notwithstanding any condition contained in the contract of employ- ment of an officer employed under subsections (1) and (5) (a), the Commis- sion may, where it is satisfied that it is in the interests of the Commission to do so, but subject to subsection (8), terminate the employment of an officer.

(8) The Commission shall not terminate the employment of an officer unless— (a) it has provided the officer with a complete statement of the rea-

sons why it is contemplated that his employment be terminated;

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(b) it has given the officer a full and fair opportunity to show cause why his employment should not be terminated.

(c) – (d) —

(9) Where the Commission terminates the employment of an officer who was employed under subsection (5) (a)—

(a) that officer shall be reinstated to the office which he held imme- diately prior to his appointment as an officer;

(b) the Commission may, where the officer’s employment was ter- minated on grounds of fraud, corruption or dishonesty, recom- mend to the relevant Service Commission that disciplinary pro- ceedings be taken against that officer.

[S. 24 amended by s. 10 of Act 24 of 2005 w.e.f. 1 October 2005; s. 7 of Act 1 of 2006 w.e.f. 29 April 2006.]

25. Disclosure of assets and liabilities

A member of the Board or an officer shall—

(a) not later than 30 days after the date of his appointment;

(b) not later than 30 June in every year until he ceases to be a member of the Board; and

(c) upon the termination of his appointment,

deposit with the Parliamentary Committee a declaration of his assets and liabilities in relation to himself, his spouse, children and grandchildren in the form specified in the First Schedule.

[S. 25 amended by s. 11 of Act 24 of 2005 w.e.f. 1 October 2005.]

26. Use of independent professionals

The Commission may, where it considers it expedient to do so, retain the services of an independent professional or specialised agency from Mauritius or overseas for such specific purpose as the Commission may require.

27. Meetings of Board

(1) The Board shall meet at least once a month.

(2) Every meeting shall be convened by the Director-General.

(3) The Director-General shall chair every meeting of the Board.

(4) Where the Director-General does not attend a meeting of the Board, he shall designate one of the Directors of the Divisions referred to in sec- tion 28 to chair the meeting.

(5) All matters shall be decided by majority of the votes and the Chair- person of the meeting shall have a second and casting vote.

[S. 28 amended by s. 12 of Act 24 of 2005 w.e.f. 1 October 2005.]

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27A. Disclosure of interest by Board member

Any member of the Board, including a person appointed to act as Direc- tor-General, who has a direct or indirect interest in a matter being considered or about to be considered by the Board shall forthwith, or as soon as is prac- ticable after the relevant facts have come to his knowledge, disclose in writ- ing the nature of his interest to the Board and shall not—

(a) be present during any deliberation of the Board with respect to that matter; and

(b) take part in any decision of the Board with respect to that matter. [S. 27A inserted by s. 12A of Act 24 of 2005.]

28. Divisions of Commission

(1) There shall be within the Commission—

(a) a Corruption Investigation Division;

(b) a Corruption Prevention and Education Division;

(c) a Legal Division;

(d) such other Divisions as the Commission may set up.

(2) Subject to sections 29 and 35, every Division shall be under the di- rect responsibility of a Director.

29. Director of Corruption Investigation Division

The Director of the Corruption Investigation Division shall—

(a) be appointed by the Commission, after consultation with the Prime Minister;

(b) be responsible for any investigation relating to corruption which the Commission may refer to him;

(c) be responsible for any investigation relating to money laundering which the FIU may refer to the Commission;

(d) subject to any condition set, exercise such powers of the Com- mission as are entrusted to him by the Commission in relation to corruption;

(e) report to the Commission on any investigation referred to him; and

(f) comply with all directives of the Commission in relation to his functions.

30. Director of Corruption Prevention and Education Division

(1) The Director of the Corruption Prevention and Education Division shall—

(a) be appointed by the Commission after consultation with the Prime Minister;

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(b) in respect of such public body as the Commission may direct— (i) exercise vigilance and superintendence over its integrity

systems; (ii) enquire into the manner in which contracts for the pro-

curement of goods or for the performance of works are be- ing carried out and performed;

(iii) enquire into possibilities of acts of corruption within that public body;

(iv) report to the Commission on the manner in which integrity systems should be improved;

(c) under the directions of the Commission— (i) conduct public campaigns to alert the public on the dan-

gers of corruption; (ii) assist in enhancing the school curriculum so as to educate

children on the dangers of corruption; (iii) inform the general public on the manner in which com-

plaints of acts of corruption should be made; (iv) conduct campaigns to encourage the formation and

strengthening of non-governmental organisations to fight corruption;

(v) liaise with private sector organisations and trade unions for the setting up of anti-corruption practices;

(vi) conduct workshops and other activities to promote cam- paigns for the prevention and elimination of corruption;

(vii) promote links between the Commission and international organisations so as to foster international cooperation in the fight against corruption;

(viii) encourage links between the Commission and similar agen- cies in other countries; and

(ix) enhance education on the dangers of corruption.

(2) The Director of the Corruption Prevention and Education Division shall—

(a) subject to any directive given by the Commission, exercise such powers of the Commission as are entrusted to him;

(b) report to the Commission; and

(c) comply with every directive of the Commission in relation to his functions.

31. The Chief Legal Adviser

(1) The Legal Division shall be under the responsibility of a Chief Legal Adviser, who shall be a barrister with at least 5 years’ standing at the Bar, appointed by the Commission.

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(2) The Legal Division shall, in addition to the powers conferred under section 82, be responsible for tendering legal advice to the Commission.

32. General Fund

(1) The Commission shall establish a General Fund comprising funds de- rived from the Consolidated Fund, or derived by or accruing to it, from any other source.

(2) The Commission may accept donations, grants and sponsorship with the approval of the Parliamentary Committee and all funds received under this subsection shall be credited to the General Fund.

33. Funds of Commission

(1) Subject to subsection (2), the funds of the Commission shall be ap- plied only—

(a) in payment or discharge of any cost, expense and other obliga- tion of the Commission; and

(b) in payment of any remuneration or allowance payable to any person under this Act.

(2) Funds of the Commission not immediately required for the purposes of the Commission shall be paid into the Consolidated Fund if so directed by the Parliamentary Committee.

34. Commission accounts

The Commission shall open and maintain any account as it thinks fit, with any bank, in the name of the Commission.

35. Estimates

(1) The Commission shall, not less than 3 months before the commence- ment of every financial year, submit for approval, to the Minister to whom the responsibility for the subject of finance is assigned, an estimate of the income and expenditure of the Commission.

(2) Notwithstanding any review of such estimates or any consideration given to them by the Parliamentary Committee prior to their submission to the Minister, the final decision shall rest with the Minister to whom responsi- bility for the subject of finance is assigned.

(3) —

36. Audit and annual reports

(1) The Commission shall, not later than 6 months after the close of every financial year, issue an annual report on the activities, and furnish au- dited accounts, of the Commission for that financial year, to the Parliamen- tary Committee.

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(2) The Chairperson of the Parliamentary Committee shall, at the earliest available opportunity, but not later than one month after receiving a report under subsection (1), lay a copy of the report and audited accounts of the Commission before the National Assembly.

[S. 36 amended by s. 13 of Act 24 of 2005 w.e.f. 1 October 2005.]

37. Exemptions

(1) The Commission shall be exempt from payment of any duty, levy, rate, charge, fee or tax.

(2) No registration fee shall be payable in respect of any document signed or executed by the Commission under which the Commission is a beneficiary.

38. Protection of members of Board and officers

Any member of the Board or an officer acting in the exercise of his duties under this Act shall, for the purposes of sections 1, 2, 3 and 4 (1) and (2) of the Public Officers’ Protection Act, be deemed to be a public officer.

[S. 38 amended by s. 14 of Act 24 of 2005 w.e.f. 1 October 2005; s. 7A of Act 1 of 2006 w.e.f. 29 April 2006.]

38A. Protection from liability

No action shall lie against the Commission, the Board, any member of the Board or any officer of the Commission, as the case may be, in respect of any act done or omission made by it or him in good faith, in the performance of its or his functions under this Act or any other enactment.

[S. 38A inserted by s. 8 of Act 1 of 2006 w.e.f. 29 April 2006.]

PART IV — [Part IV repealed by s. 15 of Act 24 of 2005 w.e.f. 1 October 2005.]

39. – 42. — [Ss. 39 to 42 repealed by s. 15 of Act 24 of 2005 w.e.f. 1 October 2005.]

PART V – PROCEEDINGS OF COMMISSION

43. Notification of corruption offences

(1) Any person may—

(a) without disclosing his identity; and

(b) orally or in writing, notify the Commission or an officer of the existence or possible existence of a corruption offence.

(2) The Commission shall take all steps that may be necessary to facili- tate the notification to the Commission of the possible existence of an act of corruption.

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44. Duty to report corruption offences

(1) Where an officer of a public body suspects that an act of corruption has been committed within or in relation to that public body, he shall forth- with make a written report to the Commission.

(2) The Commission shall issue such guidelines as it considers appropri- ate to ensure compliance with subsection (1).

45. Referrals to Commission

(1) Notwithstanding sections 43 and 44, where in the exercise of his functions— (a) a Judge or Magistrate; (b) the Ombudsman; (c) the Director of Public Prosecutions; (d) the Director of Audit; or (e) the chief executive of a public body, is of the opinion that an act of corruption may have occurred, he may refer the matter to the Commission for investigation.

(2) Where in the course of a Police enquiry— (a) it is suspected that an act of corruption or a money laundering

offence has been committed; and (b) the Commissioner of Police is of the opinion that the matter

ought to be investigated by the Commission, the Commissioner of Police may, notwithstanding the Financial Intelligence and Anti-Money Laundering Act and subject to subsection (3), refer the mat- ter to the Commission for investigation.

(3) The Commissioner of Police shall forthwith notify the FIU of the na- ture of the money laundering offence referred to in subsection (2) (a).

[S. 45 amended by s. 9 of Act 1 of 2006 w.e.f. 29 April 2006.]

46. Investigation by Commission

(1) (a) Where, under section 43, 44 or 45 or on its own initiative, the Commission becomes aware that a corruption offence or a money launder- ing offence may have been committed, it shall, notwithstanding the Finan- cial Intelligence and Anti-Money Laundering Act and subject to subsec- tion (4), refer the matter to the Director of the Corruption Investigation Di- vision who shall forthwith make a preliminary investigation of the matter.

(b) The Director of the Corruption Investigation Division shall, within 21 days of a referral under paragraph (a) or within such other period as the Commission may direct, report to the Commission on the matter.

(2) The Director of the Corruption Investigation Division shall, within 14 days of a referral to him of an information referred to the Commission by the FIU under section 13 of the Financial Intelligence and Anti-Money Laun- dering Act, investigate and report to the Commission on the matter.

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(3) Upon receipt of a report under subsection (1) (b) or (2), the Commis- sion shall—

(a) proceed with further investigations; or

(b) discontinue the investigation.

(4) The Commission shall forthwith notify the FIU of the nature of every case relating to a money laundering offence investigated on its own initiative.

(5) – (6) — [S. 46 amended by s. 16 of Act 24 of 2005 w.e.f. 1 October 2005;

s. 10 of Act 1 of 2006 w.e.f. 29 April 2006.]

47. Further investigation by Commission

(1) Where the Commission proceeds with any further investigation under section 46 (3), the investigation shall be carried out under the responsibility of the Director-General.

(2) For the purposes of such investigation, the Director-General may delegate such of his powers as he thinks fit to the Director of the Corruption Investigation Division or to any other officer.

(3) In carrying out an investigation under this section, the Commission may conduct such hearings as it considers appropriate and, for that purpose—

(a) the hearing shall be conducted by the Director-General or such officer as the Director-General thinks fit;

(b) the Chief Legal Adviser, or a member of the Legal Division de- puted by the Chief Legal Adviser, shall be in attendance and shall provide legal advice to the Commission;

(c) the hearing may be conducted in public or in private as the Director-General may, in his discretion, determine;

(d) where the Director-General decides that the hearing shall not be conducted in public, no person shall make any report of the hear- ing unless he has obtained the prior permission of the Director- General in writing;

(e) any person who is required by the Commission to attend the hearing shall be entitled to be represented by the law practitioner of his choice;

(f) where the hearing is conducted by the Director-General, the Director-General may take a deposition on oath or solemn affir- mation and may administer the oath or solemn affirmation to any person attending the hearing.

(4) Any person who, in the course of a hearing under subsection (3), knowingly makes a statement which is false or misleading in a material par- ticular, shall commit an offence and shall, on conviction, be liable to a fine of not more than 500,000 rupees and imprisonment for a term not exceeding 5 years.

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(5) After conclusion of an investigation under this section, the Director- General shall submit the matter to the Commission for its opinion.

(6) After receipt of the opinion of the Commission, the Director-General shall submit a report to the Director of Public Prosecutions which shall include— (a) all the material, information, statements and other documents

obtained in the course of the investigation; (b) a description of the articles of evidence which have remained in

the custody of the Commission; (c) the recommendations of the Commission. (d) —

(7) After consideration of the report submitted under subsection (6), the Director of Public Prosecutions may, where he does not advise prosecution or any other action, require the Commission to conduct such further inquiries as the Director of Public Prosecutions considers fit to advise.

[S. 47 amended by s. 17 of Act 24 of 2005 w.e.f 1 October 2005.]

48. Protection of informers

(1) Where the Commission receives information in confidence to the ef- fect that an act of corruption has occurred, that information and the identity of the informer shall be secret between the Commission and the informer, and all matters relating to such information shall be privileged and shall not be disclosed in any proceedings before any Court, tribunal or other authority.

(2) Where any record, which is given in evidence or liable to inspection in any civil, criminal or other proceedings, contains an entry relating to the in- former or the information given by the informer, the Director-General shall cause all parts relating to the informer or the information given to be con- cealed from view so as to protect the identity of the informer.

[S. 48 amended by s. 18 of Act 24 of 200 w.e.f 1 October 2005.]

49. Protection of witnesses

(1) Subject to subsection (6), where a person— (a) discloses to a member of the Board or an officer that a person,

public official, body corporate or public body is or has been in- volved in an act of corruption; and

(b) at the time he makes the disclosure, believes on reasonable grounds that the information he discloses may be true and is of such a nature as to warrant an investigation under this Act,

he shall incur no civil or criminal liability as a result of such disclosure.

(2) Subject to subsection (6), where a public official— (a) discloses to his responsible officer or to the Director-General that

an act of corruption may have occurred within the public body in which he is employed; and

(b) believes on reasonable grounds that the information is true,

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he shall incur no civil or criminal liability as a result of such disclosure and no disciplinary action shall be started against him by reason only of such disclosure.

(3) A person who makes a disclosure under subsection (1) or (2) shall as- sist the Commission in any investigation which the Commission may make in relation to the matters disclosed by him.

(4) A person to whom a disclosure is made under subsection (1) or (2) shall not, without the consent of the person making the disclosure, divulge the identity of that person except where it is necessary to ensure that the matters to which the information relates are properly investigated.

(5) A person who commits an act of victimisation against a person who has made a disclosure under subsection (1) or (2) shall be guilty of an of- fence and shall, on conviction, be liable to pay a fine not exceeding 50,000 rupees and to imprisonment not exceeding one year.

(6) A person who makes a false disclosure under subsection (1) or (2), knowing it to be false shall be guilty of an offence and shall, on conviction, be liable to pay a fine not exceeding 50,000 rupees and to imprisonment not exceeding one year.

(7) In this section, “victimisation” means an act— (a) which causes injury, damage or loss; (b) of intimidation or harassment; (c) of discrimination, disadvantage or adverse treatment in relation

to a person’s employment; or (d) amounting to threats of reprisals.

[S. 49 amended by s. 19 of Act 24 of 2005 w.e.f. 1 October 2005.]

50. Powers of Commission to examine person

(1) Where the Commission decides to proceed with further investigations under section 46 or 47, the Director-General may— (a) order any person to attend before him for the purpose of being

examined orally in relation to any matter; (b) order any person to produce before him any book, document,

record or article; (c) order that information which is stored in a computer, disc, cas-

sette, or on microfilm, or preserved by any mechanical or elec- tronic device, be communicated in a form in which it can be taken away and which is visible and legible;

(d) by written notice, order a person to furnish a statement in writ- ing made on oath or affirmation, setting out all information which may be required under the notice.

(2) A person on whom an order under subsection (1) has been served shall— (a) comply with the order;

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(b) attend before the Director-General in accordance with the terms of the order;

(c) continue to attend on such other days as the Director-General may direct until the examination is completed; and

(d) subject to subsection (3), answer questions and furnish all in- formation, documents, records or statements, including certified copies thereof, as ordered by the Director-General.

(2A) Where the Director-General has reasonable grounds to believe that any book, document, record or article produced under subsection (1) (b) may provide evidence relevant to an investigation being conducted by the Com- mission, he may—

(a) where the book, document, record or article is not reasonably required for the purpose of performing any duty under any en- actment, retain the book, document, record or article, as the case may be, until its production in Court or until such earlier time as may be required; or

(b) make certified copies of, or take records from, the book, docu- ment or record.

(3) A person may refuse to answer a question put to him or refuse to furnish information, documents, records or statements where the answer to the question or the production of the document or class of documents might tend to incriminate him.

(4) Subsection (3) shall not apply where the Director-General, after con- sultation with the Director of Public Prosecutions, gives an undertaking in writing to a person that any answer given or document or class of document produced will not be used in evidence in any criminal proceedings against him for an offence other than proceedings for perjury.

(5) Where an undertaking has been given under subsection (4), no Court of law shall admit the answer or document or class of documents referred to in the undertaking in any criminal proceedings against the person to whom the undertaking was given, except in proceedings for perjury.

(6) A person who after having been served with an order under subsec- tion (1)—

(a) fails, without reasonable excuse, to comply with any of the terms of the order;

(b) conceals, destroys, alters, tampers with, removes from the place where it is habitually kept, or otherwise disposes of, a book, document, record or article referred to in the order,

shall commit an offence and shall, on conviction, be liable to a term of im- prisonment not exceeding 5 years.

[S. 50 amended by s. 20 of Act 24 of 2005 w.e.f. 1 October 2005; s. 11 of Act 1 of 2006 w.e.f. 29 April 2006.]

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51. Orders to search certain premises

(1) Subject to subsections (3) and (4), where, upon notification or after consultation with the FIU, the Commission has reasonable grounds to believe that—

(a) a bank, financial institution or cash dealer has failed to keep a business transaction record as required under section 17 of the Financial Intelligence and Anti-Money Laundering Act;

(b) a bank, financial institution, cash dealer or a member of a rele- vant profession or occupation, has failed to report any suspi- cious transaction as required under section 14 of the Financial Intelligence and Anti-Money Laundering Act; or

(c) a bank, financial institution, cash dealer or a member of a rele- vant profession or occupation is in possession of documents, books or records or other information which may assist the Commission in an investigation,

the Commission may apply to a Judge in Chambers for an order allowing the Commission, or any officer delegated by it, to enter premises belonging to, or in the possession or control of, the bank, financial institution, cash dealer or member of a relevant profession or occupation and to search the premises and remove therefrom any document or material.

(2) An application under subsection (1) shall be supported by an affidavit by the Director-General disclosing the reason why an order is sought under this section.

(3) No order shall issue under subsection (1) with respect to a law practi- tioner unless the Judge is satisfied that, having regard to the need to protect legal professional privilege, it is in the public interest that the order be made without requiring the law practitioner to show cause why the order should not be made.

[S. 51 amended by s. 21 of Act 24 of 2005 w.e.f. 1 October 2005.]

52. Power of entry and search

(1) Where the Commission has reasonable ground to believe that there is, on specified premises or in any place of business, evidence which may assist it in its investigation, it may issue a warrant to an officer authorising him to enter and search, at all reasonable times, the said premises or place of busi- ness and remove therefrom any document or material which may provide evidence relevant to an investigation being conducted by the Commission.

(2) A search under subsection (1) shall, so far as is practicable, be con- ducted in the presence of the occupier of the premises or his duly authorised agent.

(3) Prior to a search under subsection (1), the officer shall deliver a pho- tocopy of the warrant to the occupier of the premises or his duly authorised agent against receipt acknowledged by a signature on the original of the warrant.

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(4) Where a search is effected under subsection (1), the officer effecting the search may—

(a) seize and take possession of any book, document, computer disk or other article;

(b) inspect, make copies of, or take extracts from, any book, record or document;

(c) search any person who is on the premises, detain him for the pur- pose of the search, and seize any article found on such person;

(d) break open, examine, and search any article, safe, container or receptacle.

53. Powers of arrest

(1) Where the Director-General is satisfied that a person who may assist him in his investigation—

(a) is about to leave Mauritius;

(b) has interfered with a potential witness; or

(c) intends to destroy documentary evidence which is in his posses- sion and which he has refused to give to the Commission,

the Commission may, in writing, direct an officer to arrest that person.

(2) Where a person is arrested under subsection (1), he shall—

(a) forthwith be brought to the office of the Commission;

(b) be explained his constitutional rights and given the right to con- tact his lawyer;

(c) be allowed prompt access to his lawyer;

(d) not be questioned unless a video recording is made of the proceedings;

(e) unless the Commission is satisfied that it is necessary that his detention be prolonged, be released immediately upon furnishing such surety in a reasonable amount as the Director-General may determine; and

(f) be brought before a Magistrate, who may impose such condi- tions as he considers necessary for his release.

[S. 53 amended by s. 22 of Act 24 of 2005 w.e.f. 1 October 2005.]

54. Property tracking and monitoring order

(1) Where, for the purposes of an investigation under section 46, the Commission—

(a) needs to determine whether any property belongs to, is in the possession or under the control of, a person; or

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(b) has reasonable ground for suspecting that a person has commit- ted, is committing, or is about to commit an offence which the Commission has power to investigate,

the Commission may issue a directive under subsection (2) to the Director of the Corruption Investigation Division.

(2) A directive under subsection (1) may direct—

(a) that any document relevant to the— (i) identification, location or quantification of any property; or

(ii) identification or location of any document necessary for the transfer of any property,

belonging to, or in the possession or under the control of, the person named in the directive be delivered forthwith to the Director of the Corruption Investigation Division;

(b) that a bank, financial institution, cash dealer or member of a relevant profession or occupation forthwith produces to the Director of the Corruption Investigation Division, all information obtained by it about any business transaction conducted by or for that person with it during such period before or after the date of the order as the Judge may direct.

55. Enforcement of property tracking and monitoring order

A Judge in Chambers may, on good cause shown by the Commission that any person is failing to comply with, is delaying or is otherwise obstructing a directive made in accordance with section 54, order that the Commission or any officer authorised by it may enter any premises of the bank, financial institution, cash dealer or member of a relevant profession or occupation, search the premises and remove any document, material or other thing therein for the purposes of executing such order.

56. Application for attachment order

(1) Notwithstanding any other enactment, where a Judge in Chambers, on an application by the Commission, is satisfied that the Commission has reasonable ground to suspect that a person has committed an offence under this Act or the Financial Intelligence and Anti-Money Laundering Act, he may make an attachment order under this section.

(2) An order under this section shall—

(a) attach in the hands of any person named in the order, whether that person is himself the suspect or not, all money and other property due or owing or belonging to or held on behalf of the suspect;

(b) require the person named in the order to declare in writing to the Commission, within 48 hours of service of the order, the nature and source of all moneys and other property so attached; and

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(c) prohibit the person from transferring, pledging or otherwise dis- posing of any money or other property so attached except in such manner as may be specified in the order.

(3) Where an order is made under this section, the Commission shall—

(a) cause notice of the order to be published in the next issue of the Gazette and in at least 2 daily newspapers published and circu- lated in Mauritius; and

(b) give notice of the order to— (i) all notaries; (ii) all banks, financial institutions and cash dealers; and (iii) any other person who may hold or be vested with property

belonging to or held on behalf of the suspect. [S. 56 amended by s. 12 of Act 1 of 2006 w.e.f. 29 April 2006.]

57. Features of attachment order

(1) An attachment order shall be served on each of the persons named in the order and on the suspect by an usher of the Supreme Court.

(2) Subject to subsection (3), an attachment order shall, unless revoked by a Judge in Chambers, remain in force for 60 days from the date on which it is made.

(3) An attachment order may be renewed for successive periods of 60 days on application made by the Commission, where the Judge in Cham- bers is satisfied that the Commission has obtained or is likely to obtain sub- stantial new information relating to an offence under this Act.

(4) Any period of time during which the suspect is absent from Mauritius, as certified to the Judge in Chambers by the Commission, shall not be reck- oned as part of any period of validity of an attachment order.

58. Seizure of movable property

(1) Where in the course of an investigation under this act, the Director- General is satisfied that movable property is the subject matter of or relates to an offence under this Act, the Director-General may seize that property.

(2) The Director-General shall keep a record of property seized under sub- section (1) and shall cause a copy of that record to be served on the person from whom the property was seized.

(3) A seizure effected under subsection (1) shall be effected by placing the property seized under the custody of such person and at such place as the Director-General may determine.

(4) Notwithstanding subsection (3), where the Director-General considers that it is not practicable to remove the property, he may leave it at the prem- ises on which it is found under the custody of such person as he may direct for that purpose.

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(5) Where movable property seized under subsection (1) is under the cus- tody of a third party, the Director-General may direct that third party not to dispose of the property without his consent in writing.

[S. 58 amended by s. 23 of Act 24 of 2005 w.e.f. 1 October 2005.]

PART VI – THE PARLIAMENTARY COMMITTEE

59. The Parliamentary Committee

(1) There shall for the purposes of this Act be a Parliamentary Committee for the monitoring of the Independent Commission against Corruption.

(2) The Parliamentary Committee shall be composed of 9 members, 5 of whom shall be designated by the Prime Minister and 4 of whom shall be des- ignated by the Leader of the Opposition.

(3) The Prime Minister shall designate one of the members to be Chair- person of the Parliamentary Committee.

(4) A member of the Parliamentary Committee may, at any time, be re- moved as member of the Committee—

(a) by the Prime Minister, in the case of a member designated by him;

(b) by the Leader of the Opposition, in the case of a member desig- nated by him.

(5) The Clerk of the Assembly shall be the Secretary of the Parliamentary Committee.

(6) Subject to subsection (7), the Director-General and the Financial Sec- retary shall, and the Director of Audit, if so requested, may, attend every meeting of the Parliamentary Committee.

(7) The Chairperson of the Parliamentary Committee may excuse the Fi- nancial Secretary from attending a meeting of the Parliamentary Committee.

[S. 59 amended by s. 24 of Act 24 of 2005 w.e.f. 1 October 2005.]

60. Proceedings of Parliamentary Committee

(1) The Parliamentary Committee shall meet at least once every month and on such other date as the Chairperson of the Parliamentary Committee may determine.

(2) Subject to subsection (3), the proceedings of the Parliamentary Com- mittee shall be governed by the Standing Orders of the Assembly relating to Select Committees of the Assembly and by such other Orders as the Speaker may make.

(3) (a) Five members shall constitute the quorum of the Parliamentary Committee.

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(b) Everything authorised or required to be done by the Parliamentary Committee shall be decided by a simple majority of the members present and voting and in the event of an equality of vote, the Chairperson shall have a casting vote.

[S. 60 amended by s. 25 of Act 24 of 2005 w.e.f. 1 October 2005.]

61. Functions and powers of Parliamentary Committee

(1) Subject to subsection (3), the Parliamentary Committee shall—

(a) monitor and review the manner in which the Commission fulfils its functions under this Act;

(b) review the budgetary estimates of the Commission;

(c) issue such instructions as it considers appropriate with regard to—

(i) the financial management of the Commission; (ii) the staffing requirements of the Commission; and (iii) the allocation of resources to the various operations of the

Commission;

(d) subject to subsection (4), issue guidelines and give general direc- tives to the Commission with regard to the manner in which the Commission is to perform its functions and exercise its powers;

(e) receive reports from the Commission at such intervals as the Parliamentary Committee may require;

(f) make a report to the Assembly where the Committee considers that it is expedient that the attention of the Assembly be di- rected to—

(i) the manner in which the Commission is discharging its functions and exercising its powers;

(ii) the financial situation of the Commission; (iii) the need for further legislative reforms; or (iv) any other matter relating to this Act;

(g) consider the annual report and other reports of the Commission and report to the Assembly on any matter appearing in or arising out of such report;

(h) report to the Prime Minister on any matter relating to this Act; and

(i) have such other powers as are conferred upon it by this Act.

(2) In the exercise of its functions under this Act, but subject to subsec- tion (3), the Parliamentary Committee may—

(a) examine a member of the Board or an officer;

(b) summon a public official to answer questions and produce docu- ments; and

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(c) require the Director-General or any officer to furnish any account- ing or other records relating directly or indirectly to all financial transactions of the Commission and to answer any question in relation to such financial transactions.

(3) Notwithstanding this Act— (a) the Parliamentary Committee shall not— (i) exercise its powers or discharge its functions in relation to

a specific case under investigation by the Commission; (ii) require the Commission to reconsider a decision to investi-

gate or not to investigate or to discontinue the investiga- tion of a particular complaint;

(iii) reconsider the findings of the Commission in relation to a particular investigation or complaint;

(iv) question a member of the Board, an officer or a public offi- cial concerning, or otherwise enquire into, a matter which is under investigation by the Commission;

(b) a member of the Board, an officer or a public official may refuse to answer a question which—

(i) is in relation to a specific matter which is the subject of an investigation by the Commission;

(ii) in his opinion, would tend to disclose facts relating to a matter which is the subject of an investigation by the Commission.

(4) Where the Parliamentary Committee issues a guideline under subsec- tion (1) (d)— (a) the Chairperson of the Parliamentary Committee shall lay the

guideline on the table of the Assembly within 14 days from the date on which such guideline was issued;

(b) a Member of the Assembly may, within 30 days of the date on which the guideline has been tabled, move the Assembly that the guideline be disallowed and, on such motion being tabled, it shall be debated and put to a vote at the next sitting of the Assembly.

(5) Where— (a) a guideline under subsection (1) (d) has not been laid on the table

of the Assembly under subsection (4) (a); or (b) a motion of disallowance under subsection (4) (b) has been voted

by the Assembly, the guideline shall cease to have effect.

(6) Where, as the result of the dissolution of Parliament or for any other reason, the Parliamentary Committee is not constituted, or is unable to per- form its functions or exercise its powers under this Act— (a) its functions under section 24 (3) may be performed by the

Commission itself;

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[Issue 4] P24 – 34

(b) its functions under subsection (1) (b) and (c) and section 36 may be performed by, and its powers under subsection (2) (c), sec- tion 32 or section 35 (2), may be exercised by the Financial Secretary.

(7) The powers exercised by the Commission under section 24 (3) pursuant to subsection (6) (a) shall be subject to approval or review by the Parliamentary Committee, once it is constituted.

[S. 61 amended by s. 26 of Act 24 of 2005 w.e.f. 1 October 2005; s. 13 of Act 1 of 2006 w.e.f. 29 April 2006.]

PART VII — [Part VII repealed by s. 65 (4) of Act 9 of 2011 w.e.f. 1 February 2012.]

62. – 64. — [Ss. 62 to 64 repealed by s. 65 (4) of Act 9 of 2011 w.e.f. 1 February 2012.]

PART VIII — [Part VIII repealed by s. 25 (3) of Act 35 of 2003 w.e.f. 15 November 2003.]

65. – 79. — [Ss. 65 to 79 repealed by s. 25 (3) of Act 35 of 2003.]

PART IX – EXTRADITION

80. Corruption offence extraditable

Any corruption offence shall be deemed to be an extradition crime for which extradition may be granted or obtained under the Extradition Act.

continued on page P24 – 37

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PART X – MISCELLANEOUS

81. Confidentiality

(1) Every member of the Board and every officer shall take the oath specified in the Second Schedule.

(2) No member of the Board or officer shall, except in accordance with this Act, or as otherwise authorised by law—

(a) divulge any information obtained in the exercise of a power, or in the performance of a duty, under this Act;

(b) divulge the source of such information or the identity of any in- former or the maker, writer or issuer of a report given to the Director of the Corruption Investigation Division.

(3) Every member of the Board and every officer shall maintain confiden- tiality and secrecy of any matter, document, report and other information relating to the administration of this Act that becomes known to him, or comes in his possession or under his control.

(4) Notwithstanding subsections (2) and (3), the Director-General may disclose, for the purposes of publication in the press, such information as he considers necessary in the public interest.

(5) For the purpose of an investigation in respect of an offence commit- ted in Mauritius under this Act and the Financial Intelligence and Anti-Money Laundering Act, the Director-General may, with the express written concur- rence of the Director of Public Prosecutions, impart to an agency in Mauritius or abroad, such information, other than the source of the information, as may appear to him to be necessary to assist an investigation into money laundering or any other offence.

(6) Any person who, without lawful excuse, contravenes this section shall commit an offence and shall, on conviction, be liable to a fine not exceeding 10,000 rupees and to imprisonment for a term not exceeding 2 years.

[S. 81 amended by s. 27 of Act 24 of 2005 w.e.f. 1 October 2005.]

82. Prosecution, conviction and forfeiture

(1) Subject to subsection (2), no prosecution for an offence under this Act or Part II of the Financial Intelligence and Anti-Money Laundering Act shall be instituted except by, or with the consent of, the Director of Public Prosecutions.

(2) The Director-General, the Director of the Corruption Investigation Di- vision, or any other officer designated by the Commission, may swear an information and conduct the prosecution in respect of any offence under this Act or Part II of the Financial Intelligence and Anti-Money Laundering Act.

(3) Subsection (2) shall be without prejudice to the Chief Legal Adviser, or any officer of the Legal Division designated by him, conducting any prose- cution as specified in that subsection.

Prevention of Corruption Act



(4) Where a person is convicted of an offence under this Act or Part II of the Financial Intelligence and Anti-Money Laundering Act, the Court may, in addition to any penalty imposed, order the forfeiture of the property the sub- ject matter of the offence.

[S. 82 amended by s. 28 of Act 24 of 2005 w.e.f. 1 October 2005; s. 14 of Act 1 of 2006 w.e.f. 29 April 2006.]

82A. Jurisdiction

(1) Where the act alleged to constitute an offence under this Act, or a money laundering offence, occurred outside Mauritius, a Court in Mauritius shall, regardless of whether or not the act constitutes an offence at the place of its commission, have jurisdiction in respect of that offence if the person to be charged—

(a) is a citizen of Mauritius;

(b) is ordinarily resident in Mauritius;

(c) was arrested in Mauritius or in its territorial waters or on board a ship or aircraft registered or required to be registered in Mauritius at the time the offence was committed;

(d) is a company incorporated, or registered as such under any law, in Mauritius;

(e) is a body of persons incorporated in Mauritius, or an unincorpo- rated body operating in Mauritius.

(2) Any act alleged to constitute an offence under this Act or a money laundering offence and which is committed outside Mauritius by a person, other than a person contemplated in subsection (1), shall, regardless of whether or not the act constitutes an offence or not at the place of its com- mission, be deemed to have been committed also in Mauritius if that—

(a) act affects or is intended to affect a public body, a business or any other person in Mauritius;

(b) person is found to be in Mauritius;

(c) person is, for any reason, not extradited by Mauritius, or if there is no application to extradite that person.

(3) Any offence committed in a country outside Mauritius as contem- plated in subsection (1) or (2) is, for the purpose of determining the jurisdic- tion of a Court to try the offence, deemed to have been committed—

(a) at the place where the accused is ordinarily resident; or

(b) at the accused person’s principal place of business.

(4) Where a person is charged with conspiracy or giving instructions to commit an offence, the offence shall be deemed to have been committed not only at a place where the act was committed, but also at every place where the conspirator or the person giving instructions acted or, in case of an omission, should have acted.

[S. 82A inserted by s. 15 of Act 1 of 2006 w.e.f. 29 April 2006.]

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83. Burden of proof

In the course of a trial of an accused for a corruption offence, it shall be presumed that at the time a gratification was received, the recipient knew that such gratification was made for a corrupt purpose.

84. Possession of unexplained wealth

(1) The Commission may— (a) order any public official or any person suspected of having

committed a corruption offence to make a statement under oath of all his assets and liabilities and of those of his relatives and associates;

(b) investigate whether any public official or any person suspected of having committed a corruption offence—

(i) has a standard of living which is commensurate with his emoluments or other income;

(ii) owns, or is in control of, property to an extent which is disproportionate to his emoluments or other income; or

(iii) is able to give a satisfactory account as to how he came into ownership, possession, custody or control of any property.

(2) Where, in proceedings for an offence under this Act, it is established that the accused— (a) was maintaining a standard of living which was not commensu-

rate with his emoluments or other income; (b) was in control of property to an extent which is disproportionate

to his emoluments or other income; (c) held property for which he, his relative or associate, is unable to

give a satisfactory account as to how he came into its owner- ship, possession, custody or control,

that evidence shall be admissible to corroborate other evidence relating to the commission of the offence.

85. Civil proceedings

Where the Commission is satisfied that a person has been a party to cor- ruption and has benefited from it, the Commission shall refer the matter to the Attorney-General who may enter civil proceedings for damages for any prejudice caused to the State.

86. Donations and legacies

Article 910 of the Code Civil Mauricien shall not apply to the Commission.

87. Regulations

(1) The Prime Minister may make such regulations as he thinks fit for the purposes of this Act.

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(2) Regulations made under this Act may provide for— (a) the levying of fees by the Commission; (b) rules of procedure governing the exercise of its functions by the

Commission; (c) rules governing the communication of information to the press; (d) rules governing the interrogation of persons in the course of

hearings held by the Commission.

88. – 89. —

90. Savings and transitional provisions

(1) Notwithstanding section 89, any judicial proceedings to which the Economic Crime Office or its Director, or the Revenue Authority or its Direc- tor-General by virtue of the Economic Crime and Anti-Money Laundering (Temporary Provisions) Act, was a party shall continue as if the Commission established under this Act, or the Director-General referred to under sec- tion 19, were a party to the proceedings.

(2) The Commissioner of Police may— (a) commence any investigation, swear any information or conduct

any prosecution in respect of an offence committed or alleged to be committed against an enactment repealed by section 89 of this Act as if this Act had not come into operation;

(b) continue or do any act, thing or investigation commenced by him and which was pending before the coming into operation of this Act.

(3) Subject to subsection (4), the Commission shall take over and con- tinue any investigation commenced under the Economic Crime and Anti- Money Laundering Act or commenced or taken over, pursuant to the Eco- nomic Crime and Anti-Money Laundering (Temporary Provisions) Act, and any prosecution in respect of any Act, or allegation, so investigated may be instituted under an enactment repealed by section 89 of this Act as if this Act had not come into operation.

(4) No investigation in respect of a money laundering offence shall be proceeded with under this section, unless the prior approval of the FIU is obtained.

(5) The Court shall, in respect of any proceedings instituted following any investigation under subsections (2) and (3), have all the powers that it could exercise pursuant to the enactments repealed by section 89.

91. —



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FIRST SCHEDULE [Section 25]

I, .................................................. , of .............................. make oath/solemn affirmation as a ............................................ and declare that— 1. I am unmarried/married under the system of .................................................. (matrimonial regime). 2. My assets are as follows— (a) landed property ................................................................................... (b) residential, commercial or industrial building ........................................... (c) motor vehicles .................................................................................... (d) boats ................................................................................................. (e) shares ............................................................................................... (f) bank accounts .................................................................................... (g) interest in partnerships, sociétés, companies or trusts .............................. 3. My liabilities are ......................................................................................... 4. The assets of my spouse, minor children, grandchildren are— (a) landed property ................................................................................... (b) residential, commercial or industrial building ........................................... (c) motor vehicles .................................................................................... (d) boats ................................................................................................. (e) shares ............................................................................................... (f) bank accounts .................................................................................... (g) interest in partnerships, sociétés, companies or trusts .............................. 5. The liabilities of my spouse, minor children, grandchildren are .......................... ................................................................................................................

........................................................... Signature

Sworn/solemnly affirmed by the above-named before me at ............................ this ............................... day ................................ of .......................... 20 ........

..........................................................

Master and Registrar Supreme Court



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SECOND SCHEDULE [Section 81]

OATH OF SECRECY

I ................................................................................................................. hereby make oath/solemn affirmation as a .......................................................... and declare that in the discharge of my duties under the Prevention of Corruption Act, I will deal with and regard all documents and information relating to the opera- tions of the Commission and to which I have access as SECRET AND CONFIDEN- TIAL and refrain from disclosing any such documents and information to any unau- thorised person. Sworn/solemnly affirmed by the deponent in Chambers,

This ........................................................... 20 ............ ..........................................................

Before me, District Magistrate for ....................