PUBLIC OFFICERS (DECLARATION OF ASSETS, LIABILITIES AND BUSINESS INTERESTS)

CHAPTER 1:04
PUBLIC OFFICERS (DECLARATION OF ASSETS, LIABILITIES AND BUSINESS INTERESTS)

ARRANGEMENT OF SECTIONS

    SECTION

PART I
PRELIMINARY

    1.    Short title

    2.    Interpretation

PART II
OBJECTIVE AND GUIDING PRINCIPLES OF ETHICAL CONDUCT

    3.    Objective of the Act

    4.    Principles of ethical conduct

    5.    Duty to submit declarations under the Act

PART III
OFFICE OF THE DIRECTOR OF PUBLIC OFFICERS’ DECLARATIONS

    6.    Establishment of the Office of the Director of Public Officers’ Declarations

    7.    Appointment of the Director and the Deputy Director

    8.    Removal from office of the Director and the Deputy Director

    9.    Acting Director

    10.    Appointment of other officers and staff

    11.    Functions of the Director

    12.    Powers of the Director

    13.    Monitoring Committee to monitor functions and powers of the Director

PART IV
CONTENTS OF DECLARATIONS, PROCEDURE AND PUBLIC ACCESS TO DECLARATIONS

    14.    Submission of declarations

    15.    Information to be specified in declarations

    16.    Retention of declarations

    17.    Public access to declarations

PART V
GENERAL

    18.    Offences

    19.    Disqualification from public office and reference for investigation

    20.    Whistleblowers

    21.    Penalties for disclosing identity of whistleblowers

    22.    False information by whistleblowers

    23.    Expenditure in connexion with the function of the office of the Director

    24.    Regulations

    25.    Transitional provisions

        SCHEDULES

22 of 2013
G.N. 24/2014

    An Act to make provision for the declaration of assets, liabilities and business interests by certain public officers and for connected matters

PART I
PRELIMINARY

1.    Short title

    This Act may be cited as the Public Officers (Declaration of Assets, Liabilities and Business Interests) Act.

2.    Interpretation

    In this Act, unless the context otherwise requires—

    “agent” means any person who acts for, or on behalf of, or in the name of, a public officer, and includes a trustee, an administrator or an executor;

    “assets” means holdings of value, whether tangible or intangible, movable or immovable, including cash, property, goods, savings, investments, equipment, as well as other quantities possibly having no market value, pre-paid expenses, or goodwill;

    “business interests” means participation with any individual in a commercial enterprise or venture, or participation in any association, institution, organization or entity, whether of a commercial nature or otherwise, regardless of whether a pecuniary benefit or other assets are derived from such participation;

    “close associate” means any person, whether related or unrelated by blood or marriage, who holds or will hold any financial interest, or any power, for or on behalf of a public officer;

    “declaration” means a declaration of assets, liabilities and business interests in accordance with this Act;

    “liabilities” means a present obligation of the public officer, his or her spouse or member of his or her immediate family arising from past events the settlement of which is expected to result in an outflow from the public officer, his or her spouse or member of his or her immediate family, of resources embodying tangible or intangible benefits;

    “member of immediate family”, in relation to a public officer, includes the public officer’s spouse, any biological or adoptive child who is below the age of eighteen or any biological or adoptive child whose means of support is wholly or partially from a public officer, irrespective of age;

    “Monitoring Committee” means the Monitoring Committee of Parliament established under section 213 (4) of the Constitution;

    “Public Appointments Committee” means the Public Appointments Committee of Parliament established under section 56 (7) of the Constitution;

    “public officer” means any person who is a member of, or an employee of, the Government, a statutory body or any other body appointed by the Government, whether his or her membership or his or her employment is temporary, whole or part-time, paid or unpaid.

PART II
OBJECTIVE AND GUIDING PRINCIPLES OF ETHICAL CONDUCT

3.    Objective of the Act

    The objective of the Act is to promote public confidence in the public service, including in the offices of public and elected officials.

4.    Principles of ethical conduct

    (1) The guiding principles of the Act are integrity, honesty, accountability, responsibility, fairness, transparency, rule of law, professionalism and impartiality of public officers.

    (2) In furtherance of the guiding principles of this Act, every public officer shall—

    (a)    not use his or her office for personal enrichment or to improperly enrich others;

    (b)    to the best of his or her ability, avoid being in a position in which his or her personal interests conflict with his or her public duties;

    (c)    avoid any activity that is inconsistent with his or her public functions;

    (d)    not misuse or misappropriate public property entrusted to his or her care;

    (e)    not be permitted to concurrently receive remuneration for the performance of his or her duties as…