The commencement date of the Act which repeals this Act is unknown. We used the repealing Act's publication date as the date on which this Act was repealed.
This Act was repealed on 2010-11-19 by Anti-Corruption Act, 2010.
Anti-Corruption Commission Act, 1996
Related documents
- Is commenced by Anti-Corruption Commission Act (Commencement) Order, 1997
- Is repealed by Anti-Corruption Act, 2010
- Repeals Corrupt Practice Act, 1980
Zambia
Anti-Corruption Commission Act, 1996
Chapter 91
- Published in Government Gazette on 12 December 1996
- Assented to on 20 November 1996
- Commenced on 17 March 1997 by Anti-Corruption Commission Act (Commencement) Order, 1997
- [This is the version of this document from 12 December 1996 and includes any amendments published up to 31 December 1996.]
- [The commencement date of the Act which repeals this Act is unknown. We used the repealing Act's publication date as the date on which this Act was repealed.]
- [Repealed by Anti-Corruption Act, 2010 (Act 38 of 2010) on 19 November 2010]
Part I – Preliminary
1. Short title
This Act may be cited as the Anti-Corruption Commission Act.2. Application
All offences under this Act shall be enquired into, tried, and otherwise dealt with in accordance with the Criminal Procedure Code and Part I of the Penal Code.[Cap. 88; Cap. 87]3. Interpretation
In this Act, unless the context otherwise requires—"agent" means a trustee, an executor, an administrator, or any person not employed by a public or private body who acts for or on behalf, or in the name, of a public body or a private body or any other person;"appointed date" means such date as the President may appoint under section one;"appropriate authority" means any person or institution to whom a recommendation has been made;"casual gift" means any conventional hospitality on a modest scale or unsolicited gift of modest value offered to a person in recognition or appreciation of that person's services, or as a gesture of goodwill towards that person and includes any inexpensive seasonal gift offered to staff or associates by public and private bodies or private individuals on festive or other special occasions, which is not in any way connected with the performance of a person's official duty so as to constitute an offence under Part IV;"Chairperson" means the person appointed as Chairperson under section seven;"Commission" means the Anti-Corruption Commission established under section four;"Commissioner" means a person appointed as Commissioner under section, seven;"corrupt" means the soliciting, accepting, obtaining, giving, promising or offering of a gratification by way of a bribe or other personal temptation or inducement, or the misuse or abuse of a public office for private advantage or benefit, and "corruptly" shall be construed accordingly;"Deputy Director-General" means a person appointed as Deputy Director-General under section eighteen;"Director-General" means the person appointed under section sixteen;"former Commission" means the Anti-Corruption Commission established under the repealed Act;[Act No. 14 of 1980]"Government" includes any ministry, department, service or undertaking of the Government;"gratification" means any corrupt payment, whether in cash or in kind, any rebate, bonus, deduction or material gain, benefit, amenity, facility, concession or favour of any description and any loan, fee, reward, advantage or gift, or any other thing obtained as a result of the corrupt misuse or abuse of public funds or property, other than a casual gift;"Investigation officer" means the person appointed under section nineteen;"local authority" shall have the meaning assigned to it in the Local Government Act.[Cap. 281]"parastatal" means any company, association, statutory corporation, body or board or any institution of learning, in which the State has a financial interest;"principal" includes an employer, beneficiary under a trust, and a trust estate as though it were a person, and any person beneficiary interested in the estate of a deceased person as though the estate were a person, and, in relation to a public officer, a public body;"private body" means any person or organisation not being a public body, a voluntary organisation, charitable institution, company, partnership or a club;"public body" means the Government, any ministry or department of the Government, a local authority, parastatal board, council, authority, commission or other body appointed by the Government, or established by or under any written law;"public officer" means any person who is a member of, or holds office in, or is employed in the service of, a public body, whether such membership, office or employment is permanent or temporary, whole or part-time, paid or unpaid, and "public office" shall be construed accordingly;"repealed Act" means the Corrupt Practices Act, 1980;[Act No. 14 of 1980]"Secretary" means the person appointed Secretary under section nineteen;"staff"' means the staff of the Commission appointed under section nineteen;"senior police officer" means any police officer of or above the rank of Assistant Superintendent; and"Vice-Chairperson" means the person appointed as Vice-Chairperson under section seven.Part II – The Anti-Corruption Commission
4. The Anti-Corruption Commission
5. Extent of Commission's autonomy
The Commission shall not, in the performance of its duties, be subject to the direction or control of any person or authority.6. Seal of Commission
7. Composition of Commission
8. Tenure of office and vacancy
9. Functions of Commission
10. Reports and recommendation by Commission
11. Proceedings of Commission
12. Committees
13. Disclosure of interest
14. Prohibition of disclosure of information to unauthorised persons
15. Immunity of Commissioners
Part III – The directorate of the Commission
16. Director-General
17. Tenure of office of Director-General
18. Appointment of Deputy Director-General
19. Investigating officers, Secretary and other staff of Commission
20. Powers of Director-General
21. Special powers of investigation
22. Powers of Commission's officers to arrest
23. Identity card
The Director-General may issue to an officer of the Commission an identity card which shall be prima facie evidence of the officer's appointment as such.24. Restriction on disposal of property, etc.
25. Prohibition of disclosure or publication of information to unauthorised persons by staff
Section fourteen shall apply with necessary modifications to the staff of the Commission.26. Immunity of Director-General, Deputy Director-General and other staff
Section fifteen shall apply with necessary modifications to the Director-General, Deputy Director-General and other staff of the Commission.27. Obstructing officers of Commission and false reports to Commission
Any person who—28. Impersonation and procurement of Commission's officer
Any person who pretends that—Part IV – Offences, penalties and recovery of gratification
29. Corrupt practices by or with public officers
30. Corrupt use of official powers and procuring corrupt use of official powers
31. Corrupt transactions by or with private bodies
32. Corrupt transactions by or with agents
33. Corruption of members of public bodies in regard to meetings, etc.
34. Gratification for giving assistance, etc., in regard to contracts
35. Gratification for procuring withdrawal of tenders
36. Gratification in regard to bidding at auction sales
37. Possession of unexplained property
38. Certain matters not to constitute defence
39. Attempts, conspiracies, etc.,
Any person who attempts to commit, or who aids, abets or counsels, or conspires with, any person to commit an offence under this Part, shall be guilty of committing that offence and shall be punished accordingly.40. Public officer's powers of report, etc.
41. General penalty
Any person who is guilty of an offence under this Part shall be liable—42. Penalty additional to other punishment
Where any person is convicted of any offence under this Part, the court shall, in addition to the sentence that it may impose under section forty-one, order the convicted person to pay to the rightful owner the amount or value, as determined by the court, of any gratification actually received by him, and such order shall be deemed to form part of the sentence:Provided that where, after reasonable inquiry, the rightful owner cannot be ascertained or traced, or where the rightful owner is himself implicated in the giving of the gratification, the court shall order that the amount or value thereof shall be paid into the general revenues of the Republic.43. Recovery of gratification by distress, etc.
Any fine imposed under the provisions or this Part and the amount or value of any gratification ordered to be paid under section forty-two may be recovered in accordance with the provisions of sections three hundred and eight and three hundredand nine of the Criminal Procedure Code by distress and sale of the movable and immovable property of the person sentenced.[Cap. 88]44. Principal may recover gratification corruptly received by agent
45. Certificate of Government Valuation Officer or other specialist valuer
In any proceedings under this Act, a certificate by a Government Valuation Officer or other specialist valuer with respect to the value of any gratification or of any movable or immovable property shall be sufficient proof of such value, unless the contrary is proved.Part V – Powers of the Director of Public Prosecutions
46. Consent of Director of Public Prosecutions
47. Power of Director of Public Prosecutions to obtain information
If, in the course of any investigation into or proceeding relating to any offence under Part IV, the Director of Public Prosecutions has reasonable grounds to believe that it would assist or expedite such investigation or proceeding, he may, by notice require the Commissioner of Taxes to furnish all information in his possession relating to the affairs of any suspected person and to produce or furnish any document or a certified true copy of any document relating to such suspected person which is in the possession or under the control of the Commissioner of Taxes.48. Bail where suspect or accused person about to leave Zambia
Part VI – Evidence, presumptions and other matters
49. Presumptions of corrupt intention
50. Corroborative evidence of pecuniary resources or property
51. Affidavit evidence
For the purpose of any proceedings in respect of an offence under Part IV, the court may at any stage of the proceedings direct that any specified fact may be proved at the trial by affidavit with or without the attendance of the deponent for cross examination.52. Evidence of custom inadmissible
53. Absence of power, authority or opportunity, no defence
Where any public officer has corruptly solicited, accepted, obtained, or agreed to accept or attempted to receive or obtain any gratification, it shall not be a defence in any trial in respect of an offence under Part IV that—54. Tender of pardon
55. Corrupt practice coming to notice of Commission
Where any commission established by or under the Constitution, or appointed under the Inquiries Act, in the course, or upon conclusion, of any proceedings before it, is of the opinion that the conduct of any person appears to constitute an offence under this Act and ought to be inquired into for the purposes of this Act, the commission concerned shall, subject to any prohibition, restriction or restraint imposed upon it by or under the Constitution or any other written law, communicate its opinion to the Director of Public Prosecutions, together with the particulars of the person concerned and such other facts of the case as the Commission may deem necessary.[Cap. 1; Cap. 41]56. False, frivolous or groundless complaints or allegations
57. Alternative conviction and amending particulars
58. Defences
In any proceeding for an offence under this Act it shall be a valid defence that the gratification offered or accepted is an entertainment or a casual gift.59. Liability of public officers, citizens of Zambia, etc for offences committed outside Zambia
Part VII – Miscellaneous
60. Savings and transitional provisions
61. Transfer of staff
62. Rules
The Commission may, by statutory instrument, make rules for the—63. Regulations
The President may, by statutory instrument and on the recommendation of the Commission make regulations for the better carrying out of the purposes of this Act.64. Repeal of Act No. 14 of 1980
The Corrupt Practices Act, 1980, is hereby repealed.History of this document
19 November 2010
Repealed by
Anti-Corruption Act, 2010
17 March 1997
12 December 1996 this version
20 November 1996
Assented to