A member of the public who wishes to allege or make a complaint that a person in public life or any person exercising a public function-

(a)    is in contravention of the Act;

(b)    in relation to the Register of Interests, has a conflict of interest; or

(c)    is committing or has committed an offence under the Prevention of Corruption Act; may do so in writing to the Commission.

The Commission shall upon the complaint of any member of the public; or may on its own initiative; consider and enquire into any alleged breaches of the Act or any allegations of corrupt or dishonest conduct.

MANAGING COMPLAINTS:

The manner in which complaints can be addressed is governed by the Act.  The procedure is as follows:

(a)    The Commission may on receipt of a complaint and after examining same, reject the complaint if the Commission is of the opinion that the complaint:

i.    is frivolous and vexatious;

ii.    was not made in good faith;

iii.    is devoid of sufficient grounds for an investigation; or

iv.    is not supported by evidence of probative value; or

(b)   The Commission may authorise an investigation into the complaint.

(c)    Where during the course of the investigation, the Commission is satisfied that there are insufficient grounds for continuing the investigations or that the complaint is frivolous, vexatious or was not made in good faith, it may terminate the investigation.

(d)    Where after the conduct of an investigation, the Commission is satisfied that there are reasonable grounds for suspecting that an offence has been committed, it shall make a report to the Director Public Prosecutions (DPP) who may take such action as he deems appropriate.

Where action identified at (a), (c) or (d) is taken the complainant must be informed of the decision, of the Commission.

Confidentiality:

Any information revealed by a witness cannot be disclosed except during the proceedings in a Court of Law. Section 35 (2) states: “Any member of the Commission and any person in the service of the Commission who discloses or attempts to disclose to any person other than a person to whom he is authorised under the Act, any information or evidence received by the Commission under this Part, shall be guilty of an offence and liable on summary conviction to a fine of two hundred and fifty thousand dollars [$250,000] and to imprisonment for five years”.

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