As per section 49(b) of the Act, a person who makes a false disclosure knowing it to be false, shall be guilty of an offence and shall on conviction be liable to pay a fine not exceeding Rs 50,000 and to imprisonment not exceeding one year.
Yes. Section 49(5) of PoCA 2002 provides that a person who commits an act of victimisation against a person who has made a disclosure to the ICAC, shall commit an offence and shall on conviction be liable to pay a fine not exceeding Rs 50,000 and to imprisonment not exceeding one year.
It has to be noted that “victimisation” has been defined as an act
(a) which causes injury, damage or loss;
(b) of intimidation or harassment;
(c) of discrimination, disadvantage or adverse treatment in relation to the person’s employment; or
(d) amounting to threats of reprisals
If the case is to be prosecuted, the complainant or witness may have to attend Court to give evidence on behalf of the prosecution and will be able to follow the case until its conclusion. Further, if the Commission decides to discontinue the investigation, he or she will be informed accordingly. Now if the complaint does not disclose any corruption or money laundering offence but some other offence or offences, he or she will also be informed accordingly.
During the preliminary investigation period, the Commission will not inform the Head of department of the suspected Civil Servant. However, when the Commission has decided to proceed with further investigation in the matter, then the Head of Department will be informed and this without divulging sensitive information.
Yes. The Constitution of Mauritius guarantees this right. If a suspect does not wish to incriminate himself, he can choose to remain silent. Section 50(3) of PoCA 2002 provides that when a further investigation is being carried out in a corruption or money laundering case, a person may refuse to answer a question put to him or refuse to furnish information, documents, records or statements, where the answer to the question or the production of a document or class of document might tend to incriminate him. Further, the Constitution guarantees a person the right to retain a law practitioner of his choice at his own cost.
Whenever the Commission becomes aware that a corruption offence or a money laundering offence may have been committed, it investigates by way of preliminary investigation and where appropriate further investigation.
No. All persons at the ICAC shall in terms of section 81 of the Act, maintain confidentially and secrecy of any matter, document, report and other information pertaining to the Commission. Further, they have to take an oath to this effect by swearing or solemnly affirming an affidavit before the Master and Registrar of the Supreme Court of Mauritius.
In virtue of section 48 of PoCA 2002, when the Commission has received information in confidence that an act of corruption has taken place, the information given and the identity of the informer shall be kept secret between the Commission and the informer and all matters relating to such information shall be privileged and shall not be disclosed before any court, tribunal or other authority.
Further, in case evidence has to be given in Court in any civil or criminal matter, the Director-General shall cause all parts relating to the informer or the information given to be concealed so as to protect the identity of the informer. Section 49 of the Act further ensures the protection of witnesses against civil or criminal liability as a result of a disclosure of a corrupt act.
Further, in case somebody commits an act of victimisation against an informer or a witness, he shall be guilty of an offence and shall on conviction be liable to a fine not exceeding Rs 50,000 and to imprisonment not exceeding one year.
If the report has been made anonymously, the answer is in the negative. But, otherwise, you may be called to do so and later or called as a witness when the case will be heard before Court.
No. But a person may report an act of corruption
(a) orally by coming to the ICAC in person,
(b) in writing without disclosing one’s identity,
(c) in writing by giving one’s name, address, etc.,
(d) by e-mail,
(e) by phone either anonymously or disclosing one’s identity.
ICAC encourages complaints to be made in person since then the enquiry will be more efficient and expedient.
Under the Prevention of Corruption Act 2002, there is no specific definition of “bribe”. The Concise Oxford English Dictionary defines “bribe” as an inducement offered in an attempt to dishonestly persuade someone to act in one’s favour by a payment or otherwise. However, the definition of ‘act of corruption’in section 2 of the Act sheds some light on this definition as follows:-
act of corruption
(a) means an act which constitutes a corruption offence; and
(b) includes-
(i) any conduct whereby in return for a gratification, a person does or neglects from doing an act in contravention of his public duties;
(ii) the offer, promise, soliciting or receipt of a gratification as an inducement or reward to do or not to do any act, with a corrupt intention;
(iii) the abuse of a public or private office for private gain;
(iv) an agreement between 2 or more persons to act or refrain from acting in violation of a person’s duties in the private or public sector for profit or gain;
(v) any conduct whereby a person accepts or obtains, or agrees to accept or attempts to obtain, from any person, for himself or for any other person, any gratification of inducing a public official, by corrupt or illegal means, or by the exercise of personal influence, to do or abstain from doing an act in the exercise of his duties to show favour or disfavour to any person.