News
CoI Act and Bribery Act to be amended
View(s):The Commissions of Inquiry (CoI) Act as well as the Bribery Act are being amended to enable material collected by a CoI to be used by the Bribery Commission, to institute criminal proceedings, with the concurrence of the Attorney General (AG).
The amendments to the CoI Act will enable the Commission to Investigate Allegations of Bribery or Corruption (CIABOC) to consider material collected in the course of an Investigation or Inquiry by a CoI, to institute criminal proceedings, according to the amendments to the 2 Acts to be introduced to Parliament shortly.
CIABOC Director General will be empowered to institute criminal proceedings in terms of the Bribery Act; Declaration of Assets & Liabilities Law; Prevention of Money Laundering Act or the Penal Code.
The amendments allow the CIABOC to conduct further investigations into the Commission of any offence; consider material that may have been collected in the course of an Investigation or, consider any material received from any other law enforcement authority, prior to instituting Legal action.
If it deems it appropriate, the Commission can forward the material collected and received to the AG or, to any other authority to take appropriate action.
The Commission shall not be required, unless it deems appropriate, to record a statement of a person who has given a statement to a CoI.
The Commission has the power to solicit, receive and consider the advice or opinion of the AG or, any officer representing the AG, prior to instituting action.
Meanwhile, Section 70 of the Bribery Act will be amended to provide for the institution of proceedings either in the High Court or, the Magistrate’s Court.