CORRUPTION OFFENCES under the Prevention of Corruption Act 2002

Section 4: Bribery by Public Official

A Public Official solicits, accepts or obtains a gratification in the execution of his functions and duties.

Example: An officer of a Ministry takes a bribe from an applicant for placing his application at the top of the waiting list.

Section 5: Bribery of Public Official

A person gives, agrees to give or offers a gratification to a public official in the execution of his functions and duties.

Example: An applicant who pays the Officer of a Ministry to place his application at the top of the waiting list.

Section 6: Taking gratification to screen offender from punishment

Any person who accepts or obtains, or agrees to accept or attempts to obtain, a gratification in consideration of his concealing an offence, or his screening any other 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 withdrawing, or his obtaining or endeavouring to obtain the withdrawal of, a prosecution against any other person.

 Example: Police Officer who takes bribe from an accused person as reward for concealing an offence.

Section 7: Public Official using his office for gratification

Any public official who makes use of his office or position for a gratification for himself or another person.

Example: Clerk of Ministry puts his own application at the top of the waiting list.

Section 8(1): Bribery of a public official to influence the decision of a public body.

(1) Any person who gives, or agrees to give, or offers, to a public official, 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 measure, 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 performed or abstained from performing, or having aided 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 contract or advantage in favour of any other person

Example: Bidder offers a bribe to a member of the Central Procurement Board as an inducement to vote in his favor in the allocation of a tender.

Section 8(2) Bribery by Public official to influence the decision of a public body

Any public official who solicits or accepts a gratification for either (a), (b) or (c) as mentioned in section 8(1).

Example: Member of Central Procurement Board solicits a bribe from a bidder in exchange for voting in his favor in the allocation of tender.

Section 9: Influencing a Public Official

Any person who exercises violence or pressure upon a public official with a view to the performance of an act in the execution of his functions or duties.

Example: An applicant threatens a public official unless his application is dealt with expeditiously.

Section 10(1): Trafic d’Influence

Any person who gives or offers a gratification to another person, to cause a public official to use his influence, real or fictitious, to obtain any benefit from a public body.

Example: Applicant offers a bribe to the relative of a public official causing that official to use his influence to get the applicant a job in the Public Service.

Section 10(2): Trafic d’influence

Any person who gives or offers a gratification to another person to use his influence, real or fictitious, to obtain any benefit from a public body.

Example: A bidder offers a reward to any person to use his influence to obtain a contract from a Public Body in his favour.

Section 10(3) Trafic d’influence

Any person who offers a gratification to public official to cause that public official to use his influence, real or fictitious, to obtain any benefit from a public body

Example: Applicant offers to strike out the debt which a Public Official owes him if the latter convinces his superior to grant him a licence.

Section 10 (4) Trafic D’influence

Any person who solicits, accepts or obtains a gratification from any other person for himself or for another person in order to make use of his influence, real or fictitious, to obtain any benefit from a public body

Example: A person  claims that he can influence the decision of the National Transport Authority  solicits a bribe from a vehicle owner, in return for which he will persuade the NTA to issue a fitness certificate.

Section 10(5) Trafic D’influence

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

Example: Officer of the National Transport Authority solicits a bribe from a vehicle owner as an inducement to persuade the National Transport Authority to issue a fitness certificate.

Section 11: Public Official taking gratification

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 benefit from a public body.

Example: Clerk in the Civil Status Office who has no power with respect to the issue of marriage certificate nevertheless accepts money from an applicant, telling latter he can arrange same.

Section 12 (1): Bribery for procuring contract

Any person who gives or offers a gratification to a public official in consideration of that public official 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,

Example: A Contractor offers to pay to the Accountant General 1% of a payment due on a contract between the Government and the contractor if the latter makes quick payment.

Section 12(2): Bribery for procuring contracts

Any public official who solicits, accepts or obtains from any other person, for himself or for any other, a gratification forgiving assistance or using influence to (see (a); (b); (c) above)

Example: The Accountant General who accepts the 1% of a payment offered by the Contractor.

Section 13(1): Conflict of interests

Where 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 has a direct or indirect interest; and that public official and/or his relative or associate 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 disclose such interest.

Example: A member of the Board of a parastatal body whose spouse is the Director of a Company and has 11% shareholding in the company, fails to disclose that fact in writing when the Board considers the company’s tender for a  contract.

Section 13 (2): Conflict of interests

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.

Example: An officer of the District Council attends a Committee meeting which is dealing with the building permit application of his brother.

Section 14: Treating of Public Official

It is an offence for any person who, while having dealings with a public body, offers a gratification to a public official who is a member, director or employee of that public body.

Example: An applicant for a liquor licence offers a sum of money to an MRA officer processing the application.

(NB: There does not have to be any specific motive specified behind the offer)

Section 15: Receiving a gift for a corrupt purpose

It is an offence for any public official to solicits, accepts or obtains a gratification for himself or for any other person –

(a)from a person, whom he knows to be concerned in any proceeding or business transacted by him, or having any connection with his functions or those of any public official to whom he is subordinate 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

Example: The Accountant General who accepts the 1% of a payment offered by the Contractor to be shared with the Official’s superior. The AG and his superior are currently processing a payment to the contractor.

(NB: There does not have to be any specific motive specified behind the proposed payment)

Section 16(1) Corruption of Agent

Any agent without the consent of the principal solicits, accepts or obtains gratification for doing or abstaining from doing an act in the execution of his functions or duties or in relation to the principal’s affairs or business shall commit an offence.

Example: The buyer for a distribution outlet accepts a secret commission from a sales representative.

Section 16 (2): Corruption of agent.

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 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.

Example: The Sales representative offers a secret commission to the buyer of the distribution outlet.

Section 17: Corruption to provoke a serious offence.

Where a person has committed a corruption offence with the object of committing or facilitating the commission of a crime.

Section 47 (4): Making false statement during Commission Hearing.

It is an offence for a person to make a statement which is false or misleading in the course of a hearing whereby the ICAC is carrying out an investigation.

Section 49 (5) Victimisation of witnesses

It is an offence for a person to commit an act of victimisation against another person who has made a disclosure in relation to an act of corruption.

“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