Related documents
eSwatini
Prevention of Corruption Act, 2006
Act 3 of 2006
- Published in Government Gazette 79 on 14 July 2006
- Assented to on 6 June 2006
- Commenced on 1 February 2007
- [This is the version of this document from 14 July 2006.]
- [Note: The original publication document is not available and this content could not be verified.]
Part I – Preliminary
1. Short title
This Act may be cited as the Prevention of Corruption Act, 2006.2. Interpretation
In this Act, unless the context otherwise requires—“advantage” means—(a)any gift, loan, fee, reward or commission consisting of money or of any valuable security or of other property or interest in property of any description;(b)any office, employment or contract;(c)any payment, release, discharge or liquidation of any loan, obligation or other liability, whether in whole or part;(d)any other service, favour or gratification other than entertainment;(e)the exercise or forbearance from the exercise of any right, power or duty; or(f)any offer, undertaking or promise, whether conditional or unconditional, of any advantage referred to in paragraph (a), (b), (c), (d) or (e);“agent” means any authorized representative who acts on behalf of a principal and includes a director, officer, employee or other person authorized to act on behalf of the principal, and “agency” has a corresponding meaning;“animal” means any living vertebrate member of the animal kingdom, domestic or wild, but does not include a human being;“banker’s books” means—(a)any ledger, ledger card, statement of account, day book, cash book, account book or other book or document whatsoever, used in the ordinary business of banking;(b)any cheque, voucher, record card, report, letter or other document whatsoever;(c)a copy of anything referred to in paragraph (a) or (b) which is used in the ordinary business of a bank;“business” means any business, trade, occupation, profession, calling, industry or undertaking of any kind, or any other activity carried on for gain or profit by any person within Swaziland or elsewhere, and includes all property derived from or used in or for the purpose of carrying on such other activity, and all the rights and liabilities arising from such other activity;“company books” means the annual return and balance sheets and any ledger, day book, cash book, account book, bank book, report, letter or other book or document used in the ordinary business of a company;“commission” means the Anti-Corruption Commission established in terms of section 3;“Commissioner” means the person appointed in terms of section 4 as the Commissioner of the Commission;“Court” means the High Court or a Magistrate’s Court, as the case may be;“Deputy Commissioner” means a person appointed in terms of section 4 as a Deputy Commissioner of the Commission;“document” includes any register, book, record, tape recording, any form of computer input or output, and any other material, whether produced mechanically, electrically or manually or by any other means;“entertainment” means the provision of food or drink for consumption on the occasion when it is provided and any other entertainment connected with or provided at the same time as such food or drink;“game of chance” includes a lottery, lotto, numbers game, scratch game, sweepstake, or sports pool or any such similar game;“investigating officer” means any person appointed or authorized by the Commissioner to exercise the powers of an investigating officer under this Act and “investigator” has the corresponding meaning;“judicial officer” means a superior court Judge, magistrate, Master of the High Court, Registrar of a superior court, clerk of court, an arbitrator, or a member of an administrative authority exercising quasi-judicial functions or the presiding officer of a Swazi Court established under the Swazi Courts Act, No. 80 of 1950;“law officer” means the Attorney-General, Crown Counsel or any other person delegated generally or specially by the Attorney-General in terms of the Law Officers Act, 1966 or any other law;“member of Parliament” means a person who is either a Senator or a member of the House of Assembly;“Minister” means the Minister responsible for Justice;“passport” includes a travel document;“politician” means any person who holds a position listed in the Schedule to this Act;“principal” includes—(a)any employer;(b)any beneficiary under a trust and any trust estate, person;(d)in the case of any person serving in or under a public body, the public body; or[Please note: numbering as in original.](e)in the case of a legal representative referred to in the definition of “agent”, the person represented by such legal representative;“private body” means any person or organization not being a public body and it also means a voluntary organization, charitable institution, club, company, firm or partnership;“property” means money or any other movable, immovable, corporeal or incorporeal thing, whether situated in Swaziland or elsewhere and includes any rights, privileges, claims, securities and any interest therein and all proceeds thereof;“public body” means—(a)any Government ministry or department or parastatal; or,(b)any other functionary or institution or traditional council (libandla) when exercising a power or performing a duty or function in terms of the Constitution or any other law or custom;“public corporation” means any body, whether corporate or not, in which the Government, the Swazi Nation, or the Swazi National Treasury, holds the majority shares or any controlling financial or monetary interest;“public office” includes judicial office or any office or position (whether full-time or not) held by any person engaged in a public body or private body or any office or position (whether full-time or not) in respect of which emoluments or allowances are payable from public funds or from Swazi National Treasury;“public officer” means the holder of a public office;“Public Prosecutor” means the Director of Public Prosecutions and includes any person delegated generally or specially by the Director of Public Prosecutions under the Criminal Procedure and Evidence Act, 1938 or any other law;“sporting event” means any event or contest in any sport, between individuals or teams, or in which an animal competes, and which is usually attended by the public and is governed by rules which include the constitution, rules or code of conduct of any sporting body which stages any sporting event or of any regulatory body under whose constitution, rules or code of conduct the sporting event is conducted; and“spouse” includes concubine, cohabitant, fiancée or lover.Part II – Establishment and functions of the Anti-Corruption Commission
3. Establishment of the Commission
4. Appointment of Commissioner and Deputy Commissioners
5. Qualifications for office of Commissioner and Deputy Commissioners
6. Vacation of office of Commissioner or Deputy Commissioner
7. Acting Commissioner or Deputy Commissioner
8. Officers of the Commission
9. Applicability of laws governing public service
An office in the Commission is a public office, and accordingly except as otherwise provided in this Act or Regulations, the Commissioner, Deputy Commissioners and other officers of the Commission are subject to such laws and regulations as are generally applicable to officers of the public service of the particular designation.10. Functions of the Commission
11. Powers of the Commission
12. Special powers of investigation
13. Powers to enter, search or arrest
14. Identity card
15. Impersonation and procurement of officers
Any person who falsely pretends to be—16. Resisting or obstructing the Commissioner, etc.
Any person who—17. Immunity of Commissioner, Deputy Commissioner, etc.
No civil or other proceeding shall be brought against the Commissioner, Deputy Commissioner or an officer of the Commission in respect of any act or thing done or omitted to be done in good faith in the performance of their functions under this Act.18. Prohibition of disclosure of information
Any person who, without lawful authority or reasonable excuse—19. Privilege from disclosure in legal proceedings
In any legal proceeding the production of the report or record of proceedings of any inquiry or investigation carried out by the Commission into any alleged or suspected offence under Part III shall be privileged if the Minister certifies that the production of that report or record is not in the public interest.20. Annual reports
Part III – Offences
21. Bribery
22. Offences with regard to contracts and tenders
23. Corrupt transaction by or with public or private bodies
A person who, directly or indirectly, alone or in conjunction with any other person (whether in Swaziland or elsewhere)—24. Cheating the public revenue
25. Offences in relation to auctions
26. Corrupt transactions by or with agents
27. Conflict of interests
28. Corrupt activities relating to law officers and public prosecutors
29. Corrupt activities relating to witnesses, etc., during certain proceedings
30. Offences in respect of corrupt activities relating to politicians
A person who, directly or indirectly—31. Offences in respect of corrupt activities relating to sporting events
A person who, directly or indirectly—32. Offences in respect of gambling games or games of chance
A person who, directly of indirectly—33. Offences in respect of corrupt activities relating to judicial officers
34. Possession of property, etc., without reasonable explanation
35. Penalties
36. Additional penalty
37. Dismissal on conviction
The conviction of a judicial officer or other public officer for an offence under this Part, shall, subject to any other law, warrant the dismissal from office of that judicial or public officer.38. Endorsement of Register
39. Attempting, inciting, etc., commission of offences
A person who, under this Part—40. Briber and bribed to be guilty even if purpose not achieved
41. Money laundering
42. General offence of corruption
Part IV – Register for tender defaulters
43. Establishment of Register
Within six months after the commencement of this Part, the Minister responsible for Finance shall establish a register, to be known as the Register for Tender Defaulters, within the office of the Accountant-General.44. Designation of Registrar
The Minister responsible for Finance shall designate as Registrar a fit and proper person, with due regard to the experience, conscientiousness and integrity of that person.45. Powers, duties and functions of Registrar
46. Access to Register
The Register is open to the public as may be prescribed.47. Regulations pertaining to Register
Part V – Presumptions
48. Presumptions
Part VI – Miscellaneous matters
49. Duty to report corrupt transactions
50. Application for restraining order and forfeiture order
51. Surrender of passport
52. Return of passport
53. Bail from persons about to leave Swaziland
54. Evidence of pecuniary resources or property
55. Certificates as to official emoluments, etc.
In any proceedings against a public officer for an offence under this Act, a certificate purporting to—56. Protection of informers
57. False reports to the Commission
Any person who, during the course of an investigation into an offence alleged or suspected to have been committed under this Act, knowingly—58. Regulations
The Minister, in consultation with the Commissioner, may make regulations in respect of any matter necessary to be prescribed to give effect to this Act.59. Repeal of the Prevention of Corruption Order, 1993
The Prevention of Corruption Order, No. 19 of 1993 is repealed.60. Transitional provisions
History of this document
01 February 2007
Commenced
14 July 2006 this version
Published in Government Gazette 79
06 June 2006
Assented to
Documents citing this one 32
Gazette 10
- Swaziland Government Gazette dated 2007-01-26 number 9
- Swaziland Government Gazette dated 2008-02-22 number 14
- Swaziland Government Gazette dated 2012-03-29 number 31
- Swaziland Government Gazette dated 2012-04-11 number 40
- Swaziland Government Gazette dated 2012-05-29 number 61
- Swaziland Government Gazette dated 2012-11-21 number 124
- Swaziland Government Gazette dated 2012-11-27 number 126
- Swaziland Government Gazette dated 2013-01-07 number 2
- Swaziland Government Gazette dated 2013-02-05 number 16
- Swaziland Government Gazette supplement dated 2014-04-04 number 41
Judgment 22
- Commissioner Of Anti Corruption Commission v Dlamini and Another (235 of 2009) [2010] SZHC 6 (21 February 2010)
- Director Of Public Prosecutions v Mduduzi Elliot Nkambule (8 of 2016) [2017] SZSC 203 (11 May 2017)
- Dlamini v Commissioner Anti-Corruption Commission and Another (1404 of 2017) [2018] SZHC 168 (25 July 2018)
- Dlamini v King (12 of 2013) [2013] SZHC 247 (5 November 2013)
- Dlamini v Rex (21 of 2013) [2014] SZSC 24 (30 May 2014)
- Dlamini v The Commissioner Of Anti Corruption Unit And Anotherther (44 of 2009) [2010] SZSC 29 (28 May 2010)
- Dpp v Ndlovu And Another (15 of 2015) [2015] SZSC 321 (29 July 2015)
- Gwebu v The Secretary - Civil Service Commission And Others (89 of 2007) [2007] SZIC 72 (23 March 2007)
- King v Dlamini (421 of 2010) [2014] SZHC 402 (3 December 2014)
- King v Makhubu and Others (381 of 2012) [2018] SZHC 104 (31 January 2018)
- King v Nkambule (142 of 2014) [2016] SZHC 160 (16 May 2016)
- Kunene v Rex (3 of 2016) [2016] SZSC 26 (30 June 2016)
- Mamba v The King and Others (86 of 2009) [2013] SZHC 123 (26 June 2013)
- Matsenjwa v The King (30 of 2017) [2018] SZSC 45 (6 November 2018)
- Mkhwanazi v Nedbank Swaziland Limited (2 of 2017) [2018] SZICA 4 (2 May 2018)
- Ndlovu and Another v Commissioner of Police and Another (132 of 2015) [2015] SZHC 105 (19 June 2015)
- Rex v Dlamini (421 of 2010) [2018] SZHC 203 (13 December 2018)
- Rex v Jele (19 of 2012) [2018] SZHC 200 (10 September 2018)
- Rex v Shongwe and Another (191 of 2015) [2019] SZHC 57 (25 March 2019)
- Shongwe v Rex (191 of 2015) [2015] SZHC 102 (17 June 2015)
- Shongwe v Rex (26 of 2015) [2015] SZSC 4 (29 July 2015)
- Tfwala v The King (344 of 2022) [2022] SZHC 197 (14 September 2022)