ETHICS AND ANTI-CORRUPTION COMMISSION AS PROPOSED IN SECTION 95 OF THE REVISED HARMONIZED DRAFT

95.    Ethics and Anti-Corruption Commission

(1)     There is established the Ethics and Anti-Corruption Commission.

(2)     The functions of the Commission are to—

1. investigate any matter that, in the Commission's opinion, raises suspicion that conduct constituting corruption or economic crime, as provided  for in an Act of Parliament, has occurred or is about to occur;
2. receive and retain custody of declarations required by this Chapter;
3. ensure compliance with and enforce the provisions of this Chapter;
4. receive and investigate complaints about non-compliance with this Chapter and, if appropriate, to refer a complaint to the relevant authorities for action;
5. institute and conduct civil proceedings for purposes of recovery, protection, confiscation and forfeiture of unlawfully acquired public property or unexplained assets;
6. put in place measures aimed at the prevention of corruption, including issuing guidelines to State organs; and
7. take measures for the promotion of ethics and integrity in the public and private sector

(3) Parliament shall provide for the structure of the Commission.

(4) The Commission shall not investigate any matter pending before a court or a judicial tribunal.

(5) The Commission shall establish and maintain a register in which the assets and liabilities of State officers are recorded and shall make the register available for public inspection.

Posted on Monday, January 11, 2010