The manner in which complaints can be addressed is governed by the Act. The procedure is as follows:
(a) After receiving and examining a complaint, the Commission may reject the complaint if the Commission believes that it:
- is frivolous and vexatious;
- was not made in good faith;
- is devoid of sufficient grounds for an investigation; or
- is not supported by evidence of probative value.
(b) OR the Commission may authorise an investigation into the complaint.
(c) During the course of the investigation, if the Commission believes 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) After the conduct of an investigation, if 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.
If the action identified at (a), (c) or (d) is taken, the complainant must be informed of the Commission’s decision.
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”.