CORRUPT PRACTICES: SUBSIDIARY LEGISLATION

CORRUPT PRACTICES: SUBSIDIARY LEGISLATION

CORRUPT PRACTICES (DISPOSAL OF RECOVERED, SEIZED OR FROZEN PROPERTY) REGULATIONS

under s. 54

G.N. 37/1999

1.    Citation

    These Regulations may be cited as the Corrupt Practices (Disposal of Recovered, Seized or Frozen Property) Regulations.

2.    Interpretation

    In these Regulations, unless the context otherwise requires—

    “recovered, seized or frozen property” means any monies, property or thing of any description which was the subject of investigation into, or prosecution in relation to, any offence alleged or suspected to have been committed under the Act.

3.    Disposal of recovered, seized or frozen property

    (1) Any recovered, seized or frozen property which comes into the possession of the Bureau shall, subject to sub-regulation (2), vest in the State if such recovered, seized or frozen property cannot be returned to the rightful owner because—

    (a)    the rightful owner thereof, being the subject of an investigation or prosecution in respect of an offence alleged or suspected to have been committed by him under the Act, leaves Malawi for the purpose or apparent purpose of evading the consequences of such investigation or prosecution brought against him;

    (b)    the rightful owner or the person in possession thereof absconds;

    (c)    the rightful owner cannot be traced or ascertained;

    (d)    the person in possession thereof admits his involvement in the alleged corrupt act and agrees to surrender such recovered, seized or frozen property to the State because of such involvement;

    (e)    the Court has so ordered on an application by the Director.

    (2) No recovered, seized or frozen property shall vest in the State under paragraphs (a), (b) or (c) of subregulation (1) unless—

    (a)    the Director gives, in accordance with these Regulations, notice to the effect that such recovered, seized or frozen property is liable to vest in the State if it is not claimed within three months from the date of the publication of such notice in the Gazette;

    (b)    three months after the giving of such notice, such recovered, seized or frozen property remains unclaimed.

    (3) The notice referred to in subregulation (2) shall be deemed to have been duly given if it is published in the Gazette and a copy is—

    (a)    served on the person concerned; or

    (b)    left at or posted to the usual or last known place of bode or business of the person concerned; or

    (c)    published in such a newspaper as the Director may decide if the person concerned is unknown or if his address or whereabouts are unknown.

4.    Fast decaying property

    (1) Where the Director is of the opinion that any recovered, seized or frozen property is subject to speedy or unnatural decay or that its immediate sale would be for the benefit of the owner, the Director may, at any time, direct that such property be sold or destroyed:

    Provided that no sale or disposal of any such recovered, seized or frozen property shall be ordered without first obtaining leave from the Court.

    (2) On the completion of any sale under subregulation (1) the right of any person to take legal proceedings for the recovery of the property sold shall cease; but a claim may be established to the proceeds of such sale.

5.    Payment into Consolidated Fund

    All monies and proceeds from the sale or other disposal of any recovered, seized or frozen property which vest in the State in accordance with these Regulations shall be paid into the Consolidated Fund.

CORRUPT PRACTICES (PROHIBITION OF ABUSE OF INFORMATION OBTAINED IN OFFICIAL CAPACITY) REGULATIONS

under s. 54

G.N. 46/1999

1.    Citation

    These Regulations may be cited as the Corrupt Practices (Prohibition of Abuse of Information Obtained in Official Capacity) Regulations.

2.    Application

    These Regulations shall apply to any information which—

    (a)    a public officer holds by virtue of his office;

    (b)    it would not be reasonable or expected to be disclosed by a public officer except in the proper performance of the functions of his office;

    (c)    the public officer holding the information knows or ought to know that it is unpublished tender information in relation to any contract or proposed contract of a public body.

3.    Dealing in contracts

    A public officer holding information to which these Regulations apply or any other person who has obtained any such information directly or indirectly from a public officer whom that person knows or has reasonable cause to believe held the information by virtue of his position as a public officer shall not—

    (a)    deal in any contract or proposed contract to which the information relates and in which a public body is involved;

    (b)    counsel or procure any other person to deal in any such contract or proposed contract, knowing or having reasonable cause to believe that the other person would…