CHAPTER 91 - ANTI-CORRUPTION COMMISSION: SUBSIDIARY LEGISLATION
INDEX TO SUBSIDIARY LEGISLATION
Anti-Corruption Act (Commencement) Order
Anti-Corruption Commission (Disposal of Recovered Property) Regulations
Corrupt Practices (Prohibition of Abuse of Information Obtained in Official Capacity) Regulations
Corrupt Practices (Disposal of Recovered Property) Regulations
ANTI-CORRUPTION ACT (COMMENCEMENT) ORDER
[Section 1]
Arrangement of Paragraphs
Paragraph
1. Title
2. Commencement of Act No. 42 of 1996
SI 33 of 1997.
This Order may be cited as the Anti-Corruption Commission Act (Commencement) Order, 1997.
2. Commencement of Act No. 42 of 1996
The Anti-Corruption Commission Act, 1996, shall come into operation on the publication of this Order.
ANTI-CORRUPTION COMMISSION (DISPOSAL OF RECOVERED PROPERTY) REGULATIONS
[Section 63]
Arrangement of Regulations
Regulation
1. Title
2. Interpretation
3. Recovered property to vest in State
4. Proceeds to be paid into general revenues of the Republi
SI 58 of 2004.
These Regulations may be cited as the Anti-Corruption Commission (Disposal of Recovered Property) Regulations, 2004.
In these Regulations, unless the context otherwise requires–
“recovered property” means any monies, property or thing of any description which was the subject of, and was recovered during the course of, an investigation into any offence alleged or suspected to have been committed under the Act.
3. Recovered property to vest in State
(1) Any recovered property which comes into the possession of the Ant-corruption Commission shall, subject to the other provisions of these Regulations, vest in the State if such recovered property cannot be returned because–
(a) the rightful owner who is the subject of an investigation in respect of an offence alleged or suspected to have been committed under the Act, has left Zambia for the purpose, or apparent purpose, of evading the consequences of such investigation or of the trial of a prosecution brought against that person;
(b) the rightful owner or the person in possession thereof absconds;
(c) the rights owner cannot be traced or ascertained; or
(d) the person in possession thereof admits involvement in the alleged corrupt act and agrees to the surrender of such recovered property to the commission because of such involvement.
(2) No recovered property shall vest in the State under paragraphs (a) or (c) of sub-regulation (1) unless–
(a) the Director-General gives, in accordance with these Regulations, notice to the effect that such recovered property is liable to vest in the State if it is not claimed within three months; and
(b) three months after giving of such notice, such recovered property remains unclaimed.
(3) The notice referred to in sub-regulation (2) shall be deemed to have been duly given if it is published in the Gazette and a copy is–
(a) served on the person concerned, or left at, or posted to, the usual or last known place of abode or business of the person concerned;
(b) left at, or posted to, the usual or last known place of abode or business of the person concerned;
(c) published in a national newspaper if the person concerned is unknown or if the address or whereabouts of that person are unknown; or
(d) in case of a limited company–
(i) personally served on a Director or secretary of the company; or
(ii) left at the registered office of the company.
(4) If the Director-General is of the opinion that any recovered property is subject to speedy or natural decay, or that its immediate sale would be for the benefit of the owner, the Director-General, may at any time direct that such property be sold or destroyed:
Provided that no sale or disposal of any such property shall be ordered without an order of the court being first obtained from the court before which such property may be required as evidence.
4. Proceeds to be paid into general revenues of the Republic
{mprestriction ids="2,3,5"}
All proceeds from the sale or other disposal of any recovered property in accordance with these Regulations shall vest or accrue to the State and shall be paid into the general revenues of the Republic.
ANTI-CORRUPTION COMMISSION (PROHIBITION OF ABUSE OF INFORMATION OBTAINED IN OFFICIAL CAPACITY) REGULATIONS
[Section 63]
[RETAINED AS PER S.15 OF INTERPRETATION AND GENERAL PROVISIONS ACT]
Arrangement of Regulations
Regulation
1. Title
2. Interpretation
3. Information to which Regulations apply
4. Prohibition of abuse of information
5. Offence
SI 59 of 2004.
These Regulations may be cited as the Anti-Corruption Commission (Prohibition of Abuse of Information obtained in Official Capacity) Regulations, 2004.
In these Regulations, unless the context otherwise requires–
“public officer” means any person who has held public office at any time since the coming into effect of the Act.
3. Information to which Regulations apply
These Regulations apply to any information which–
(a) is held by a public officer by virtue of office;
(b) it would be reasonable to expect a person in the position of the public officer not to disclose except for the proper performance of the functions of the that officer’s office; or
(c) the person holding it knows or ought to know is unpublished tender information in relation to any contract or proposed contract of a public body.
4. Prohibition of abuse of information
A public officer holding information to which these Regulations apply or any other person who has obtained any such information directly or indirectly from a public officer whom that person knows or has reasonable cause to believe held the information by virtue of that officer’s position as public officer shall not–
(a) deal in any contract or proposed contract to which the information relates and in which a public body is concerned;
(b) counsel or procure any other person to deal in any such contract or proposed contract, knowing or have reasonable cause to believe that the other person would deal in any such contract or proposed contract; or
(c) communicate to any other person the information held or as the case may be obtained by that officer if the officer knows or has reasonable cause to believe that person or some other person would make use of that information for the purpose of dealing in or counselling or procuring any other person to deal in any contract or proposed contract to which the information relates in which a public body is concerned.
Any public officer or any other person who contravenes these Regulations commits an offence and is liable, upon conviction, to a fine not exceeding 5,000 penalty units or to imprisonment for a term not exceeding 12 months, or to both.
ANTI-CORRUPTION COMMISSION (DISCLOSURE BY PUBLIC OFFICERS OF INTEREST IN CONTRACTS AND PROPOSED CONTRACTS) REGULATIONS
[Section 63]
[RETAINED AS PER S.15 OF INTERPRETATION AND GENERAL PROVISIONS ACT]
Arrangement of Regulations
Regulation
1. Title
2. Interpretation
3. Disclosure of interest
4. Offence
SI 60 of 2004.
These Regulations may be cited as the Anti-Corruption Commission (Disclosure by Public Officers of Interest in Contracts and Proposed Contracts) Regulations, 2004.
In these Regulations, unless the context otherwise requires–
“interest” means interest in a private capacity.
(1) Subject to sub-regulation (2), where a public officer is present at a meeting or has knowledge of a meeting at which a contract or proposed contract is the subject of consideration and in which contract the public officer or the spouse of that officer is directly or indirectly interested, the public officer shall as soon as practicable declare the nature of interest and shall not take part in practicable declare the nature of interest and shall not take part in any meeting or in any consideration of discussion of or vote on any question touching upon the contract or proposed contract.
(2) In the case of a proposed contract, the disclosure required by this regulation to be made by the public officer shall be made before or at the meeting at which the question of entering into the contract is first considered or if the public officer was not at the date of that meeting interested in the proposed contract, then before or at the next meeting held after the officer became interested.
(1) Any public officer who–
(a) fails to disclosure any interest required to be disclosed by Regulation 3;
(b) in disclosing any such interest makes any statement which the officer knows to be false or which the officer has no reason to believe to be true; or
(c) otherwise contravenes Regulations 3,
commits an offence and is liable upon conviction to a fine not exceeding 5,000 penalty units or to imprisonment for a term not exceeding 12 months, or to both.
(2) A public officer does not commit an offence for failing to disclosure the interest of the spouse of that officer in any contract or proposed contract if the officer proves to the satisfaction of the court that having regard to all the circumstances the officer did not know of such interest and had no cause to believe that any such interest existed.
CORRUPT PRACTICES (DISCLOSURE BY PUBLIC OFFICERS OF INTEREST IN CONTRACTS AND PROPOSED CONTRACTS) REGULATIONS
[Section 63]
[RETAINED AS PER S.15 OF INTERPRETATION AND GENERAL PROVISIONS ACT]
Arrangement of Regulations
Regulation
1. Title
2. Interpretation
3. Disclosure of interest
4. Offence
SI 210 of 1987.
[Regulations by the Commissioner]
These Regulations may be cited as the Corrupt Practices Disclosure by Public Officers of Interest in Contracts and Proposed (Contracts) Regulations.
In these Regulations, unless the context otherwise requires–
"interested" means interested in a private capacity.
(1) Subject to Sub-regulation (2), where a public officer is present at any meeting at which a contract or a proposed contract is the subject of consideration and in which contract the public officer or his spouse is directly or indirectly interested, the public officer shall as soon as practicable after the commencement of the meeting, declare the nature of his interest and shall not, unless the meeting otherwise directs, take part in any consideration or discussion of or vote on any question touching upon the contract or proposed contract.
(2) In the case of a proposed contract the disclosure required by this regulation to be made by a public officer shall be made at the meeting at which the question of entering into the contract is first taken into consideration, or if the public officer was not at the date of that meeting interested in the proposed contract then at the next meeting held after he became interested.
(1) Any public officer who–
(a) fails to disclose any interest required to be disclosed by regulation 3;
(b) in disclosing any such interest makes any statement which he knows to be false or which he has no reason to believe to be true;
(c) otherwise contravenes regulation 3;
is guilty of an offence and liable upon conviction to a fine not exceeding 38 penalty units or to a term of imprisonment not exceeding three months or to both.
(2) A public officer shall not be guilty of an offence for failing to disclose the interest of his spouse in any contract or proposed contract if he proves to the satisfaction of the court that after the exercise of all due diligence having regard to all the circumstances, he did not know of such interest and had no cause to believe that any such interest existed.
[Am by Act No. 13 of 1994]
CORRUPT PRACTICES (PROHIBITION OF ABUSE OF INFORMATION OBTAINED IN OFFICIAL CAPACITY) REGULATIONS
[RETAINED AS PER S.15 OF INTERPRETATION AND GENERAL PROVISIONS ACT]
[Section 63]
Arrangements of Regulations
Regulation
1. Title
2. Interpretation
3. Information to which Regulations apply
4. Prohibition of abuse of information
5. Offence
SI 211 of 1987.
[Regulations by the Commissioner]
These Regulations may be cited as the Corrupt Practices (Prohibition of Abuse of Information Obtained in Official Capacity) Regulations.
In these Regulations, unless the context otherwise requires, "public officer" means any person who has held public office at any time since the coming into force of the Act.
3. Information to which Regulations apply
These Regulations apply to any information which-
(a) is held by a public officer by virtue of his office;
(b) it would be reasonable to expect a person in the position of the public office not to disclose except for the proper performance of the functions of his office; and
(c) the person holding it knows or ought to know is unpublished tender information in relation to any contract or proposed contract of a public body.
4. Prohibition of abuse of information
A public officer holding information to which these Regulations apply or any other person who has obtained any such information directly or indirectly from a public officer whom that person knows or has reasonable cause to believe held the information by virtue of his position as a public officer shall not-
(a) deal in any contract or proposed contract to which the information relates and in which a public body is concerned;
(b) counsel or procure any other person to deal in any such contract or proposed contract, knowing or having reasonable cause to believe that the other person would deal in any such contract or proposed contract;
(c) communicate to any other person the information held or as the case may be, obtained by him if he knows or has reasonable cause to believe that that person or some other person would make use of that information for the purpose of dealing in or counselling or procuring any other person to deal in any contract or proposed contract to which the information relates in which a public body is concerned.
Any public officer or any other person who contravenes these Regulations is guilty of an offence and liable to a fine not exceeding thirty eight penalty units or to a term of imprisonment not exceeding three months or to both.
[Am by Act No. 13 of 1994]
CORRUPT PRACTICES (DISPOSAL OF RECOVERED PROPERTY) REGULATIONS.
[Section 63]
[RETAINED AS PER S.15 OF INTERPRETATION AND GENERAL PROVISIONS ACT]
Arrangements of Regulations
Regulation
1. Title
2. Interpretation
3. How recovered property may vest in State
4. Recovered property subject to decay
5. Proceeds to be paid into general revenues
SI 194 of 1986.
[Regulations by the Commissioner]
These Regulations may be cited as the Corrupt Practices (Disposal of Recovered Property) Regulations.
In these Regulations, unless the context otherwise requires, "recovered property" means any monies, property or thing of any description which was the subject of, and was recovered during the course of an investigation into, any offence alleged or suspected to have been committed under the Act.
3. How recovered property may vest in State
(1) Any recovered property which comes into the possession of the Commission shall, subject to the other provisions of these Regulations, vest in the State if such recovered property cannot be returned because-
(a) the rightful owner thereof, being the subject of an investigation in respect of an offence alleged or suspected to have been committed by him under the Act, leaves Zambia for the purpose, or apparent purpose, of evading the consequences of such investigation or of the trial of a prosecution brought against him.
(b) the rightful owner or the person in possession thereof absconds; or
(c) the rightful owner cannot be traced or ascertained; or
(d) the person in possession thereof admits his involvements in the alleged corrupt act and agrees to the surrender of such recovered property to the State because of such involvement.
(2) No recovered property shall vest in the State under paragraphs (a), (b) or (c) of sub-regulation (1) unless-
(a) the Commissioner gives, in accordance with these Regulations, notice to the effect that such recovered property is liable to vest in the State if it is not claimed within three months; and
(b) three months after the giving of such notice, such recovered property remains unclaimed.
(3) The notice referred to in sub-regulation (2) shall be deemed to have been duly given if it is published in the Gazette and a copy is-
(a) served on the person concerned; or
(b) left at, or posted to, the usual or last known place of abode or business of the person concerned; or
(c) published in a national newspaper if the person concerned is unknown or if his address or whereabouts are unknown.
4. Recovered property subject to decay
(1) If the Commissioner is of the opinion that any recovered property is subject to speedy or natural decay, or that its immediate sale would be for the benefit of the owner, the Commissioner may, at any time, direct that such property be sold or destroyed:
Provided that no sale or disposal of any such property shall be ordered without proper permission being first obtained from the court before which such property may be required as evidence.
(2) On the completion of any sale under sub-regulation (1) the right of any person to take legal proceedings for the recovery of the property sold shall cease; but a claim may be established to the proceeds of such sale.
5. Proceeds to be paid into general revenues
All proceeds from the sale or other disposal of any recovery property which vests in the State in accordance with these Regulations shall be paid into the general revenues of the Republic.{/mprestriction}