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INTER-AMERICAN CONVENTION AGAINST CORRUPTION AND ITS IMPLEMENTATION IN THE EASTERN CARIBBEAN STATES
ANALYSIS ON THE ADJUSTMENT OF CRIMINAL LEGISLATION TO THE INTER-AMERICAN CONVENTION AGAINST CORRUPTION AND REGIONAL DRAFT MODEL LEGISLATION
By
Project Consultant
Judge Monica Theresa Joseph
GENERAL SECRETARIAT
SECRETARIAT FOR LEGAL AFFAIRS
TECHNICAL SECRETARIAT FOR LEGAL COOPERATION MECHANISMS
ORGANIZATION OF AMERICAN STATESDECEMBER 2002
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ANALYSIS ON THE ADJUSTMENT OF CRIMINAL LEGISLATION TO THE INTER-AMERICAN CONVENTION AGAINST CORRUPTION ALL ORGANIZATION OF EASTERN CARIBBEAN STATES
I am pleased to present to the Organization of American States an analysis of anti-corruption legislation in the Organization of Eastern Caribbean States (OECS) and two draft bills.
Firstly, I thank persons in the Organization of Eastern Caribbean States (OECS) who conducted research into the domestic laws of the various States relative to corruption legislation. They are:
Miss Jose Laurent of Antigua and Barbuda; Mr. J. Browne, University of the West Indies Law Library conducted research in respect of Dominica; Miss Karen Hughes of St. Kitts and Nevis; Miss Karen Stephen-Dalton of St. Lucia; Mrs. Petrona Sealey-Browne of St. Vincent and the Grenadines. From the beginning of this year Mrs. Sealey-Browne and myself have been working together on drafting some legislation for St. Vincent and the Grenadines.
To satisfy the requirements of the Inter-American Convention against Corruption Member States are to have provisions in their domestic legislation that reflect the provisions of the Convention. To incorporate the provisions of the Convention I have drafted two bills – Integrity in Public Life and Prevention of Corruption. I shall now refer to existing legislation in the various States:
ANTIGUA AND BARBUDA
Antigua and Barbuda has recently tabled in Parliament two Bills - Integrity in Public Life and Prevention of Corruption the provisions of which are substantially in compliance with the provisions of the Convention. The Integrity Bill provides that persons in Public Life as listed in a Schedule are to declare their income, assets and liabilities to the Governor-General.
Those persons are Members of Parliament, Members of the Judiciary and Magistracy, Members of the various Service Commissions, senior members of the Civil Service –persons drawing a salary not lower than the salary of Administrative Secretary; and police officers not below the rank of Inspector, members of statutory authorities, Government agencies and boards and State enterprises partly owned by the State and Directors appointed by Government.
The Bill enacts that a person in public life may place his assets or part of those assets in a blind trust for the purpose of the Bill and file a copy of the trust deed with the Governor-General. Where assets are so placed the declarant need not in his declaration give more particulars of those assets than the amount and description of the assets placed in that trust and the date that this was done.
A trust company managing assets of a person in public life by way of blind trust must reply fully to inquiries made by Independent Counsel or the Director of Audit relating to the nature and management of the assets of the blind trust.
A blind trust is stated to be created when a person in public life enters into an agreement with a qualified trust company in a number of stated instances.
Upon a judge being satisfied on an ex parte application made by the Director of Public Prosecutions that there is reasonable cause to believe that a person in public life who is required to file a declaration has committed an offence under that Bill or under the Prevention of Corruption Bill, the Governor-General consults with the Prime Minister and the Leader of the Opposition and appoints an Independent Counsel who is protected in the same way a Director of Public Prosecutions is protected under the Constitution, that is, in the performance of his functions he is not subject to the control or direction of any person or authority.
The Independent Counsel must be an Attorney or barrister at law or solicitor of at least seven years standing who is charged with the responsibility of making inquiries to determine the accuracy of the financial affairs of the person of whom a judge in Chambers is satisfied that there is reasonable cause to believe has committed an offence.
The Independent Counsel is responsible for inquiries and investigations and the Director of Public Prosecutions is the person who authorizes the institution of prosecutions.
Except for one offence (section 10 (2)), there can be no prosecution for any offence under the Act unless the written consent of the Director of Public Prosecutions is obtained and there can be no prosecution if five years have passed since the person has ceased to be in public life. Section 10 (1) provides that information relating to declarations and records of the Commission is not to be communicated to unauthorized persons. Subsection (2) creates an offence if information is disclosed and states the penalty.
The Prevention of Corruption bill lists the acts that constitute corruption as set out in the Convention.
There is an offence of unexplained property which falls under two limbs: Where a public servant (a) maintains a standard of living above that which is commensurate with his present or past official emoluments (b) is in control of pecuniary resources or property disproportionate to his present or past official emoluments, and he fails to give a satisfactory explanation to the Court as to how he was able to maintain that standard of living or how those such pecuniary resources or property came under his control, he is guilty of an offence.
On an ex parte application by the Director of Public Prosecutions supported by affidavit evidence to a Judge in chambers, the Judge if satisfied that there is reasonable cause to believe that a person has committed an offence under the Act, may make an order authorizing the Independent Counsel to apply to the Governor-General to release to the Independent Counsel the declaration of assets and liabilities filed under the Integrity Act and to cause a search to be made, by a police officer not below the rank of Inspector, of any premises named in the order and to inspect and make copies of documents as specified in the order.
DOMINICA
Research has not revealed anti-corruption provisions in the laws of Dominica.
GRENADA
In Grenada many of the corruption offences in the Convention are enacted in the Criminal Code (Cap. 1). Those offences are regarded as misdemeanors attracting penalties ranging from two to seven years imprisonment. With one exception there is no penalty of imposition of fines. The exception is the offence where a person bribes a Minister or a Minister accepts a bribe. That offence attracts both a fine and imprisonment.
Some of the corruption provisions relate to ‘public, juror and voter’. It will be necessary for Grenada to decide whether the Criminal Code should be amended leaving in the provisions in the code for ‘juror and voter’ and removing ‘public officer’ to a Prevention of Corruption Bill.
Extradition Act 1998 (No. 22 of 1998) – (into operation by Governor-General’s Proclamation) provides extradition procedures between Grenada and a foreign State (defined as ‘any state, other than Grenada, that is not a Commonwealth Country”). Where a person is accused in that State of the Commission of an extradition offence or is alleged to be unlawfully at large after conviction of an extradition offence by a court in that State, a person in Grenada may be arrested and surrendered to that State.
A person in Grenada who is accused of an extradition offence in a Commonwealth Country or who is alleged to be unlawfully at large after conviction of an extradition offence in that country may be arrested and surrendered to that country. Extradition offence is defined to mean conduct in the foreign State or Commonwealth country, which would constitute an indictable offence in Grenada punishable with imprisonment of five or more years.
Upon receipt of an extradition request the Minister for Foreign Affairs issues an authority to proceed.
Mutual Assistance in criminal matters (Commonwealth Countries) Act 1998 (No. 5 of 1998) (into operation on Governor-General’s proclamation) makes provision for assistance to be given to Commonwealth Countries. ‘Commonwealth Country’ means (a) a sovereign and independent country within the Commonwealth, together with any dependent territory designated by that country, and (b) each country within the Commonwealth, which, though not sovereign and independent, is not designated for the purpose of (a) above. The Central Authority in Grenada to receive request is the Attorney General
ST. LUCIA
ST. KITTS AND NEVIS
ST. VINCENT AND THE GRENADINES
Article VI of the Convention lists five acts of corruption that need to be considered by Member States in providing necessary legislation. At present there are provisions in the Criminal Code of Saint Vincent and the Grenadines and Saint Lucia that provide for the offence of corruption of public officers and the extradition of public officials.
In Saint Kitts Nevis there are no provisions in the Criminal Code that deal specifically with acts of corruption. The offence of bribery is listed as an extraditable offence in the Fugitive Offenders Act. Saint Lucia has incorporated acts of corruption in its Integrity in Public Life Act under section 31 and Schedule II. Saint Lucia is in process of drafting a new Criminal Code.
There are certain provisions relating to corruption in the Criminal Law of Saint Vincent and the Grenadines and consideration will need to be given to repealing those if the newly drafted Prevention of Corruption Bill is accepted.
Saint Lucia’s Integrity in Public Life, section 33 - prevents any form of reprisal whether civil or criminal against someone who, in good faith or believing that complaint allegations are substantially true, has reported to the Commission any act of corruption.
Section 25 of the Act enacts a penalty of up to $50,000.00 or a term of imprisonment not exceeding five years or both for failure to file a declaration. In some instances a fine is stated to be an amount not less than the value of the thing involved in the Commission of the offence and to imprisonment for three months.
MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT
Under Article XVII of the Convention, the designation of a central authority does not require legislative measures as this is provided for in the Mutual Assistance in Criminal matter Act in Member States. These Acts (Section 3) provide for the establishment of a Central Authority, which is established for the purpose of transmitting and receiving requests for assistance. The Article implies that where the authorities are already provided for they may be relied upon. The Act in Saint Vincent and the Grenadines makes provision for mutual assistance between Commonwealth territories. Saint Vincent and the Grenadines has signed a Mutual Assistance in Criminal matters Treaty with a non-Commonwealth country, the United States of America
INTEGRITY IN PUBLIC LIFE AND PREVENTION OF CORRUPTION BILLS
Items 1 – 3 of the Convention deal with standard of conduct for public officials – correct, honorable for the proper fulfillment of their public functions: the mechanisms to be put in place to enforce that standard of conduct and the necessity of sensitizing public officials of their responsibilities and the ethical rules governing their activities.
There are Acts, Regulations and Staff Orders in Member States that govern the public service. Saint Vincent and the Grenadines is considering whether Staff Orders should have the force of law. Those Acts, Regulations and Staff Orders in Member States do not cover members of Parliament. As the intent of the Convention is to extend to all persons who hold public office, I have drafted an Integrity in Public Life Bill which will be as it were a Code of Conduct and a Prevention of Corruption Bill which provides for acts of corruption mentioned in the Convention to be offences.
I looked at the penalty provisions in Prevention of Corruption Bill of South Africa and Antigua. I am referred to provisions in Jamaica where on summary Convention for a first offence for an act of corruption the penalty is not exceeding one million dollars or imprisonment up to two years or both. For a subsequent offence up to three million dollars or three years or both. On conviction in a Circuit Court for a first offence penalty is five million dollars or five years or both. For a subsequent offence ten million dollars or 10 years or both. I have provided penalty of $100,000.00. It will be for the working groups and eventually Member States to decide on penalty levels.
In these small territories it may be difficult to have two commissions (one for each bill). I have therefore provided for one Commission for both bills. The Commission is established in the Integrity in Public Life bill and in the Prevention of Corruption bill it is stated that the Commission referred to in the bill is the Integrity Commission.
I have attempted to maintain a balance – to have declaration of assets etc. while providing some privacy. Transparency but not ‘talking point’. Members of the Commission are to be appointed by the Governor-General from persons who have certain qualities. The Governor-General has the authority to remove a member who does do not match up to what is expected. A member may be removed for misbehavior, e.g., communicating the business of the Commission to unauthorized persons.
The territories are small and to deter mischief making by providing false information I have provided for an offence of maliciously providing the Commission with false information.
There are offences in the Prevention of Corruption Bill where a person in public life is required to give some information relative to the offence. An accused is innocent until proven guilty. This concept stands. There is no burden on a person accused of an offence to prove beyond a reasonable doubt that he is guilty. What the bill attempts to do is to provide for a person accused to show (civil burden of proof) that is more probable than not that he knows nothing about the offence with which he is charged. What is required? Some evidence that satisfies the civil burden of proof - of probability.
TENDERING
Except for providing that it is an offence to do certain acts in relation to tendering, I have not attempted to incorporate tendering systems as I think that that requires separate legislation. Further, it may well be that the existing systems under the Finance and Audit Act and Financial and Stores Rules in member States are adequate and what may be required is to provide penalties in addition to surcharges for breaches of systems and procedures.
MODEL DRAFT FOR OECS
PREVENTION OF CORRUPTION ACT, 2002
ARRANGEMENT OF SECTIONS
SECTION
1. Short title
2. Interpretation
3. Application of Integrity Commission
4. Acts of Corruption
5. Offence in respect of procuring tenders
6. Transnational bribery
7. Offences and penalties
8. Property acquired bona fide
9. Defence not available to person charged
10. Defence available to person charged
11. Presumption of Corruption
12. Consent of the Director of Public Prosecutions
13. Making of false allegation
14. Complaint to Integrity Commission
15. Inquiry by the Integrity Commission
16. Action by Director of Public Prosecutions
17. Where public allegation is made
18. Regulations
19. Commencement
MODEL DRAFT FOR OECS
ACT NO. 2003
A BILL FOR
AN ACT to make provision for the Prevention of Corruption in the performance of public functions and to give effect to the provisions of the Inter American Convention Against Corruption and to provide for matters incidental thereto or connected therewith
BE IT ENACTED by the Queen’s Most Excellent Majesty, by and with the advice and consent of the House of Representatives [Assembly] and by the authority of the same, as follows:
PART I
PRELIMINARY
Short
Title
1. This Act shall be cited as the Prevention of Corruption Act 2003.
Interpretation
2. In this Act, unless the context otherwise requires;
“benefit” includes any property, service or advantage whether direct or indirect;
“Government company” means a company registered under the Companies Act, being a company whose policies the Government or an agency of Government, whether by holding shares or by financial input, is in a position to influence;
“Government official of another State” means a public official of a state other than (…);
“Lawful earnings” includes any property inherited by will or on intestacy;
“Property” includes money and all property, real or personal and things in action;
“Public body” includes:
(a) The Senate and the House of Representatives (House of Assembly) Cabinet and Cabinet Committees;
(b) Ministry or Department of Government;
(c) A corporation established by an Act of Parliament or a subsidiary company of that Corporation;
(d) A commission, statutory board, public authority or other body of any description, whether its members are paid or unpaid;
“Public officer” has the meaning given to it under the Constitution;
“Public official” means a person who is a member of a public body or a public officer;
Application of Integrity Commission
3. (1) The Commission referred to in this Act is the Integrity Commission established under the Integrity in Public Life Act 2003.
(2) In addition to the functions and powers of the Integrity Commission under section 11 of the Integrity in Public Life Act, the Commission may consult with any person, institution or organization in the exercise of its powers of
(a) investigating an act of corruption reported to the Integrity Commission;
(b) conducting an inquiry into a complaint received by the Integrity Commission.
Acts of Corruption
4. A person commits an act of corruption if he
(a) solicits or accepts, whether directly or indirectly, any article, money or other benefit or advantage for himself or another person for doing an act or for omitting to do an act in the performance of his functions as a public official;
(b) in the performance of his duty as a public official, performs or omits to perform any of his duties in a public body for the purpose of obtaining any benefit for himself or any other person;
(c) offers or grants directly or indirectly to a pubic official any article, money, or other benefit, for doing or omitting to do any act in the performance of his duties as a public official;
(d) allows his private interest to conflict with his public duties or to improperly influence his conduct in the performance of his duties as a public official;
(e) improperly uses for his benefit or that of a third party any classified or confidential information that he has obtained in his duties as a public official;
(f) communicates to an unauthorised person any classified or confidential information obtained in the performance of his duties as a public official with a view to assisting that person to obtain a benefit;
(g) improperly uses for his benefit or that of a third party, any property belonging to the Government or any Statutory body or government company to which he has access as a result of or in the course of the performance of his functions;
(h) hinders or delays the performance of a duty of a public official with a view to obtaining a benefit for himself or another person;
(i) aids, assists or is an accessory after the fact or participates in any manner in the commission of, or conspires to commit any act of corruption under this section.
Offence in respect of procuring tenders
5. (1) A public official who, in relation to a contract for performing any work, providing a service or supplying articles or material
(a) accepts, agrees or offers to accept whether directly or indirectly any benefit for himself or for another person for awarding a tender to a particular person;
(b) gives, agrees or offers to give whether directly or indirectly any benefit to another person for the purpose of obtaining any benefit for himself or for another person as a reward for awarding a tender to a particular person;
(c) gives to a person confidential information in order to enable that person to tender or not to tender in a particular manner in order to obtain an unfair advantage in tendering
commits an offence
(2) A person who, in relation to a contract for performing any work, providing a service or supplying articles or material
(a) offers to a public official whether directly or indirectly any benefit for himself or for another person for awarding a tender to a particular person;
(b) offers to a public official whether directly or indirectly any benefit for the purpose of obtaining any benefit for himself or for another person as a reward for awarding a tender to a particular person.
commits an offence.
Transnational bribery
6. (1) A citizen of the State or a person who is habitually resident in the State who offers or grants directly or indirectly to a government official of another state any article or money or other benefit in connection with any economic or commercial transaction, in exchange for any act or omission in the performance of the public functions of that public official, commits an offence.
(2) For the purposes of subsection (1) “habitual resident” means a person who has a home or business in the State or both or who lives or visits the State.
Offences and penalties
7. (1) A person who commits an act of corruption under section 4 (a), (b), (c), sections 5 or 6, is liable
(a) on conviction on indictment to a fine not exceeding $50,000.00 or to a term of imprisonment not exceeding 15 years or to both fine and imprisonment;
(b) on summary conviction to a fine not exceeding $25,000.00 or to imprisonment not exceeding 5 years or to both fine and imprisonment;
(c) to be disqualified from holding any public office for a period of seven years from the date of conviction for the offence;
(2) A person who commits an act of corruption under section 4 (d), (e), (f), (g), (h),(i) is liable
(a) on conviction on indictment to a fine not exceeding $30,000.00 or to a term of imprisonment not exceeding 10 years or to both fine and imprisonment;
(b) on summary conviction to a fine not exceeding $15,000.00 or to imprisonment not exceeding 5 years or to both fine and imprisonment.
(c) to be disqualified from holding any public office for a period of seven years from the date of conviction for the offence;
(3) The Court may make
(a) a confiscation order;
(b) an order directing payment to a public body the value of any property obtained by the convicted person in relation to the act of corruption for which he was convicted.
(4) A person who possesses or is in control of any property knowing that the property or part of the property or proceeds of the property were obtained or derived directly or indirectly from the commission of an act of corruption, commits an offence and is liable
(a) on conviction on indictment to a fine not exceeding $50,000.00 or to imprisonment for a term not exceeding ten years or to both fine and imprisonment;
(b) on summary conviction to a fine not exceeding $20,000.00 or to a term of imprisonment not exceeding five years or both fine and imprisonment.
(5) A person who
(a) aids, assists, or is an accessory after the fact or participates in any manner in the commission of or conspires to commit an act of corruption;
(b) procures the commission of an act of corruption or who attempts , or counsels another, to commit an act of corruption
commits an offence and is liable
(i) on conviction on indictment to a fine not exceeding $50,000.00 or to imprisonment not exceeding ten years or to both fine and imprisonment;
(ii) on summary conviction to a fine not exceeding $20,000.00 or to imprisonment not exceeding five years or to both fine and imprisonment.
Property acquired bona fide
8. Property acquired bona fide without notice that a corruption offence has been committed is not liable to forfeiture.
Defence not available to person charged
9. Where in any proceedings for an offence under this Act it is proved that a public official accepted a gift or benefit believing or having grounds to believe or to suspect, that the gift or benefit was given as an inducement or reward for doing or forbearing to do an act in the performance of his functions it shall be no defence that that public official
(a) did not actually have the power or right to so do or to so forbear from any act;
(b) accepted the benefit with no intention of doing or forbearing to do any act
Defence available to person charged
10. It shall be a defence to a person charged with an act of corruption if he satisfies the Court, on a balance of probabilities, that he had no knowledge of the circumstances giving rise to the act of corruption.
Presumption of Corruption
11. Where in any proceedings for an offence it is proved that in seeking to obtain a contract from the government, a government department or a public body, a person has received or given money, a gift or any other benefit, that gift or benefit shall be presumed to have been paid or given and received as an inducement or reward unless, on a balance of probabilities, the contrary is proved.
Consent of the Director of Public Prosecutions
12. No prosecution shall be brought under the provisions of this Act unless the consent of the Director of Public Prosecutions is obtained.
Making of false allegation
13. A person who maliciously makes a false allegation or maliciously provides false information related to an act of corruption commits an offence and is liable
(a) on conviction on indictment to a fine of $30,000.00 or to imprisonment for a term of five years or to both fine and imprisonment;
(b) on summary conviction to a fine of $15,000.00 or to a term of imprisonment not exceeding three years or to both fine and imprisonment.
Complaint to the Integrity
Commission
14. (1) A person who has reasonable grounds to believe that a person in public life has committed an act of corruption may complain in writing to the Integrity Commission stating
(a) the particulars of the breach;
(b) the nature of the evidence that the person proposes to produce in support of the complaint;
(c) other particulars as may be prescribed in regulations by the Minister.
(2) A complaint to the Integrity Commission under this section may be presented in person or may be sent by registered post to the Chairman of the Integrity Commission.
Inquiry by
the Integrity Commission
15. (1) Where the Integrity Commission receives a complaint, the Integrity Commission on examination of the complaint may
(a) reject the complaint if it considers it is frivolous, or that it does not relate to a matter the Commission is empowered to deal with;
(b) hold an inquiry into the complaint giving an opportunity to the person in public life to be heard;
(c) on conclusion of an inquiry, forward the complaint, and any documents to the Director of Public Prosecutions if it considers that there is sufficient evidence to support a criminal charge.
(2) Where a person in public life has been exonerated following an inquiry into an allegation of corruption, the Integrity Commission
(a) shall in writing inform the person who made the complaint of the finding of the inquiry;
(b) shall in writing inform the person in public life of the finding of the inquiry;
(c) publish the finding of the inquiry in the Gazette.
Action by Director of Public Prosecutions
16. The Director of Public Prosecutions shall inform
(a) the Integrity Commission of any action taken following the receipt of a complaint from the Integrity Commission against a person in public life;
(b) the appropriate Service Commission where a complaint relates to a public officer or a legal officer;
(c) the appropriate board, authority or body with which the person in public life is employed.
Where public allegation is made
17. Where a public allegation is made that a person in public life has committed an act of corruption, a person desiring to make a compliant to the Integrity Commission relative to that act of corruption must lodge
(a) a complaint with the Integrity Commission not later than three months from the date on which that public allegation was first made;
(b) a complaint with the Integrity Commission not later than three months from the commencement date of this Act.
Regulations
18. The Minister for Legal Affairs, after consultation with the Integrity Commission, may make regulations as may be necessary for giving effect to the provisions of this Act.
Commencement
19. This Act shall come into operation on a date to be fixed by Proclamation by the Governor-General.
MODEL DRAFT FOR OECS
INTEGRITY IN PUBLIC LIFE ACT, 2003
ARRANGEMENT OF SECTIONS
SECTION
1. Short title
2. Interpretation
3. Establishment of Commission
4. Disqualification from Membership
5. Tenure of Office
6. Appointment of Chairman
7. Vacancy in membership of Commission
8. Proceedings and Meetings
9. Staff of the Commission
10. Oath
11. Publication in the Gazette
12. Function of Commission
13. Duty to furnish declaration
14. Contents of Declaration
15. Commission may require attendance in public life
16. Issue of summons
17. Witness may be examined in oath
18. Duty and privilege of persons
19. Duty as to Secrecy
20. Failure to file declaration
21. Commission to make report
22. Report of gifts
23. Funds of the Commission
24. Accounts and Audit
25. Annual Reports and Estimates
26. Remuneration of Chairman and members
27. Seal and execution of documents
28. Offence and penalties
29. Regulations
30. Commencement
MODEL DRAFT FOR OECS
ACT NO. 2003
A BILL FOR
AN ACT to establish an Integrity Commission in order to ensure integrity in public life; to obtain declarations of the assets, liabilities, income and interest in relation to property of persons in public life, to give effect to the provisions of the Inter-American Convention against Corruption and for matters incidental thereto and connected therewith.
BE IT ENACTED by the Queen’s Most Excellent Majesty, by and with the advice and consent of the House of Representatives (Assembly) and by the authority of the same as follows:
PART I
PRELIMINARY
Short
Title
1. This Act may be cited as the Integrity in Public Life Act 2003.
Interpretation
2. In this Act unless the context otherwise requires;
“assets” include all property beneficially held whether in or out of the State and whether acquired or owned directly or indirectly, and any rights and benefits enjoyed on a continuous basis;
“benefit” includes any property service or advantage derived directly or indirectly;
“chairman” means the chairman of the Integrity Commission;
“commencement date” means the date of commencement of the Act as published in the Gazette;
“dependent child” includes a step child, a child born out of wedlock or a child adopted under the Adoption Act who is under eighteen years and is living with the person in public life;
“Commission” means the Integrity Commission established pursuant to Section 3 of this Act;
“document” includes, in addition to a document in writing.
(a) any map, plan, graph or drawing;
(b) any photograph;
(c) any disc, tape, sound track or other device in which sounds or other data not being visual images are embodied so as to be capable, with or without the aid of some other equipment of being reproduced therefrom;
(d) any film, including microfilm, negative, tape or other device in which one or more usual images are embodied so as to be capable with or with out the aid of some other equipment of being reproduced therefrom;
“income” includes
(a) money or money’s worth derived from whatever source or acquired in or out of the State whether directly or indirectly;
(b) all receipts by way of salary, fees wages, requisitions, profits, grants, emoluments, rents, interests, commissions, bonus, pensions, annuity or benefit and all income within the meaning of the Income Tax Act;
“interest in relation to property” means
(a) a legal or equitable interest in the property; or
(b) a right, power or privilege in connection with the property.
“liability” includes all obligations to pay or to transfer money whether in or out of the State;
“person in public life” means
(a) a person holding an office referred to in Schedule 1 of this Act;
(b) a person acting continuously for a period of not less than six months in any office set out in Schedule 1 of this Act
“property” includes money and all property, real or personal and things in action;
“public body” includes
(a) the Senate and the House of Representatives (House of Assembly) Cabinet and Cabinet Committees;
(b) Ministry or Department of Government;
(c) a corporation established by an Act of Parliament or a subsidiary company of that Corporation;
(d) a commission, statutory board, public authority or other body of any description, whether its members are paid or unpaid;
“spouse” in relation to a person in public life means a person to whom the person in public life is married or who is living with that person in the circumstances of husband and wife for a continuous period during the period that the declaration is required to be filed, but does not include;
(a) a lawful spouse who is living separate and apart from the person in public life;
(b) a lawful spouse who has ceased to live with that person and where proceedings have been instituted for a divorce or judicial separation during the period a declaration is required to be filed.
“State” means [specified country]
PART II
INTEGRITY
COMMISSION FOR THE STATE
Establishment of Commission
3. (1) There shall be established an Integrity Commission for the State
(2) The Commission shall consist of
(a) a chartered or certified accountant of at least seven years standing appointed by the Governor-General acting in his own deliberate judgment;
(b) four other persons appointed by the Governor-General after consultation with the Prime Minister and the Leader of the Opposition from the following categories of persons;
(i) retired judges of the Court of Appeal and the High Court: retired senior magistrates: Attorneys of at least seven years standing,
(ii) members of the clergy,
(iii) persons who, in the opinion of the Governor-General, acting in his own deliberate judgment, are of high integrity and able to exercise competence, diligence, sound judgment and impartiality in fulfilling their duties under this Act.
Disqualification from
Membership
4. A person shall not be qualified to be appointed as a member of the Commission if that person
(a) is a member of the (House of Assembly), Senate or House of Representatives;
(b) has, at any time during the three years preceding the appointment, been a public officer;
(c) has, at any time during the five years preceding the appointment, held office in a political party; or
(d) would otherwise be disqualified in accordance with the Constitution, to be a member of the (House of Assembly), Senate or House of Representatives.
Tenure
of
Office
5. All members of the Commission shall be appointed by instrument and shall, subject to the provisions of this part, hold office for a period of three years and shall be eligible for re-appointment.
Appointment of
Chairman
6. (1) The Governor-General in his own deliberate judgment shall appoint one of the members to be Chairman to the Commission.
(2) The Chairman shall preside at all meetings of the Commission at which he is present, and in the case of the absence of the Chairman from any meeting, the members present and forming a quorum shall elect one of their members to preside at that meeting.
Vacancy in membership of Commission
7. (1) The office of a member of the Commission shall become vacant
(a) at the expiration of the term specified in the member’s instrument of appointment;
(b) if he notifies the Governor-General by writing under his hand of his intention to resign his office and the resignation shall take effect when the letter of resignation is received by the Governor-General;
(c) on the death or retirement of a member; or
(d) on the absence of a member from three consecutive meetings of the Commission, unless that absence is approved by the Governor-General after consultation with the Chairman.
(2) A member may be removed from office by the Governor General for inability to discharge the functions of his office, whether arising from infirmity of mind or body or any other cause, or for misbehaviour and shall not be so removed except in accordance with the provisions of this section.
(3) A member shall be removed from office by the Governor General if the question of his removal from office has been referred to a Tribunal appointed under subsection (4) and the Tribunal has recommended to the Governor General that he ought to be removed for inability to discharge the functions of his office or for misbehaviour.
(4) Where the Governor General, acting after consultation with the Prime Minister and the Leader of the Opposition, considers that the question of removing a member ought to be investigated, the Governor General shall appoint a Tribunal which shall consist of one person being
(a) a judge of the High Court;
(b) a Chief Magistrate;
(c) an attorney at law of fifteen years standing at the Bar
to enquire into the matter and report on the facts thereof to the Governor General and recommend to him whether the member ought to be removed under this section
(5) The Tribunal appointed under subsection (4) shall give the member an opportunity to show cause why he should not be removed from office.
(6) Where the question of removing a member has been referred to a Tribunal under this section, the Governor General, acting after consultation with the Prime Minister and the Leader of the Opposition may suspend the member from the exercise of the functions of his office.
(7) A suspension may at any time be revoked by the Governor General and shall in any case cease to have effect if the Tribunal recommends to the Governor General that the member should not be removed.
(8) Pursuant to this section, if any vacancy occurs in the membership of the appointed members, that vacancy shall be filled by the appointment of another person from the categories of persons in section 3 (2).
Proceedings and
Meetings
8. (1) The Commission shall meet at times as may be expedient for the Commission to carry out its functions.
(2) A quorum of the Commission shall be three.
(3) The proceedings of the Commission shall not be affected by any vacancy amongst the members thereof or by any defect in the appointment of any member.
Staff of the Commission
9. (1) There shall be a Secretary to the Commission who shall be a public officer
(2) The duties of the Secretary shall be
(a) to attend the meetings of the Commission;
(b) to record the proceedings of the Commission and keep the minutes of each meeting in proper form; and
(c) generally to perform duties connected with the work of the Commission as the Commission may require.
(3) The Commission shall be provided with other staff adequate for the efficient discharge of its functions.
Oath
10. (1) All members and senior staff of the Commission shall not enter upon the duties of their office until they have taken the oath of allegiance, oath of office and oath of secrecy as specified in Schedule 2.
(2) Junior staff members shall not enter upon the duties of their office until they have taken the oath of allegiance and oath of secrecy as specified in Schedule 2.
Publication in the Gazette
11. The appointment, resignation, revocation of appointment or death of a member shall be published in the Gazette.
PART III
FUNCTIONS
Function of Commission
12. (1) The functions of the Commission shall be
(a) to receive and keep on record all declarations forwarded by persons in public life;
(b) to examine declarations and to request from a person in public life any information or further information relevant to a declaration made by him, which may assist the Commission in its examination;
(c) to make inquires and carry out investigations as it considers necessary in order to verify or determine the accuracy of a declaration filed under this Act;
(d) to receive and investigate any complaint regarding any act of corruption pursuant to the Prevention of Corruption Act;
(e) to conduct an investigation into an act of corruption on its own initiative, if it is satisfied that there are reasonable grounds for an investigation.
(f) examine the practices and procedures of public bodies in order to facilitate the discovery of corrupt practices, except where there is a statutory duty on any person to perform that function;
(g) instruct, advise and assist the management of public bodies of any change in practices or procedures which may be necessary to reduce the occurrence of corrupt acts, except where there is a statutory duty on any person to perform that function;
(h) perform functions and exercise powers as it is required by this Act to perform.
(2) In the exercise of its powers and performance of its functions under this Act the Commission shall
(a) not be subject to the direction or control of any person or authority;
(b) have the power to summon witnesses, require the production of documents and to do all things as it considers necessary or expedient for the purpose of carrying out all its functions;
(c) hold proceedings in private.
PART IV
DECLARATIONS
Duty to furnish declaration
13. (1) Subject to subsection (2) every person, who, on or after the commencement of this Act, is a person in public life shall furnish to the Commission in the form set out in Schedule 3 a declaration of
(a) his income, assets and liabilities;
(b) the assets of the spouse and the dependent children;
(c) gifts made to him of value exceeding one thousand dollars.
(2) In the case of a judicial officer, the Director of Public Prosecutions and Assistant Director of Public Prosecutions the declaration shall be furnished to the Judicial and Legal Services Commission, to take action as it considers necessary.
(3) Notwithstanding subsection (1) regulations may provide for a public officer who occupies a specific post to furnish a declaration pursuant to that subsection.
(4) A declaration pursuant to subsection (1) shall be filed by the person in public life within three months after
(a) the commencement date of this Act;
(b) the date of appointment as a person in public life,
and thereafter on or before the 31st March in each year during any part of which that person remains a person in public life.
(5) A declaration may be accompanied, if the person in public life so wishes, by a statement giving details of his income, assets and liabilities which shall be certified by an accountant.
(6) If a person in public life dies there shall be no obligation on the administrators of his estate to file the declaration which the person in public life would have been required to file, had he lived.
(7) a member of the Commission shall make a declaration of his income, assets and liabilities in the form in Schedule 3
(a) before he assumes office;
(b) before the 31st March of each year
to the Director of Audit who shall examine the declaration and inform the Governor-General of the receipt and examination of the declaration.
(8) For the purposes of this section, “assets” do not include gifts received by a person in public life from his relatives.
Contents of Declaration
14. (1) A declaration made pursuant to section 13 shall include all particulars as are known to the declarant of his money, assets and liabilities of himself, his spouse, and his dependant children.
(2) Where a person in public life holds money or other property in trust for another person, he shall so state in his declaration but shall not be required to disclose the terms of the trust.
Commission may require attendances in public life
15. (1) The Commission, upon examination of a declaration furnished pursuant to Section 13 may require the person in public life to attend on the Commission at a specified time to be heard on any matter relating to the declaration.
(2) A person in public life who is required to attend the Commission may
(a) be accompanied and represented by an Attorney-at-law and a certified accountant; and
(b) require the Commission to summon witnesses.
(3) The Commission shall not make any adverse decision without giving the person in public life an opportunity to be heard.
(4) Where upon examination the Commission is satisfied that a declaration has been fully made and all questions satisfactorily answered, it shall forward to the person in public life a Certificate of Compliance in the form in Schedule 4.
Issue of summons
16. (1) Any summons to attend to give evidence or to produce documents before the Commission shall be served on the person required to attend or to produce the document and shall be issued under the hand of the Secretary.
(2) A summons under this Section shall be in the form in Schedule 5 or as may prescribed and shall be served on the person mentioned therein either by delivery to that person of the summons or delivery in some other manner as may be ordered by the Commission but so to ensure that the summons is brought to the attention of that person.
(3) A summons may be served by a person dispatched by the Commission or by a police officer.
Witness may be examined on oath
17. The Commission may
(a) require that any facts, matter or things relating to the subject of inquiry be verified or other wise ascertained by the oral examination of witnesses ; and
(b) cause witnesses to be examined on oath which the Chairman or the Secretary shall be authorized to administer.
Duty and privilege of persons
18. All persons summoned to attend and give evidence or to produce any paper, book, record or document before the Commission shall be
(a) bound to obey the summons served upon them;
(b) entitled, in respect of that evidence to disclosure of any communication or the production of that paper, book, record or document as before a Court of Law.
Duty as to secrecy
19. (1) Every member of the Commission and every person performing any function in the service or as an employee of the Commission shall treat all records or information relating to declarations, as secret and confidential and shall not disclose or communicate the text of any declaration to any unauthorized person or to allow any unauthorized person to have access to any records, information or declarations.
(2) A person who contravenes subsection (1) commits an offence and liable on summary conviction to a fine not exceeding $20,000.00 or to a term of imprisonment not exceeding three years or to both fine and imprisonment.
Failure to fie declaration
20. (1) Subject to subsection (3) where a person in public life fails to file a declaration under Section 13 (1), the Commission shall publish the fact in the Gazette and shall
(a) send a report to the appropriate Service Commission, Board or authority;
(b) in any other case, send a report to the Director of Public Prosecutions for any further action.
(2) For the purposes of this section “failure to file a declaration” includes failure to make a disclosure of any material fact in the declaration.
(3) Subsection (1) shall not apply to persons in public life who are referred to in subsection 13 (2) of this Act.
Commission to make report
21. (1) Where the Commission examines a declaration and any related information or documents, or conducts an inquiry into any declaration, and is not satisfied with any aspect thereof, the Commission shall report the matter to the appropriate Service Commission, Board, body or other authority and the Director of Public Prosecutions, setting out details and particulars as it thinks fit.
(2) The Commission shall report any act of corruption to the appropriate Service Commission board, body, or other authority and to the Director of Public Prosecutions.
(3) The appropriate Service Commission, board, or other Authority may take such disciplinary action in relation to a report made pursuant to subsection (1) as it thinks appropriate in any particular case.
(4) Pursuant to subsection 3, where any criminal proceeding is being contemplated against a person in public life, no disciplinary procedures shall be instituted pending the determination of criminal proceedings.
(5) An inquiry shall not be commenced after two (2) years from the date on which the person ceased to be in public life.
(6) The Director of Public Prosecutions
(i) may take action in relation to a report made pursuant to subsection (1) as he thinks appropriate in any particular case,
(ii) may authorize any person having an official duty under this Act to furnish information to any officer of the court, the police or any other person specified by the Director of Public Prosecution.
PART V
GIFTS
Report of gifts
22. (1) Every person in public life who receives a gift acting in his capacity as a public official exercising a public function worth more than one thousand dollars, shall make a report of that fact to the Commission stating the name and address of the donor and the description and approximate value of the gift, as in the form in Schedule 6.
(2) A report made under subsection (1) shall be made to the Commission by the person in public life within 10 days of receipt of the gift.
(3) The Commission shall determine, based on the evidence before it, whether the gift is a personal or a State gift and any decision made by the Commission shall be final.
(4) Where the Commission determines that the gift was given to the person in public life as a personal gift and
(a) was trivial ; or
(b) was not trivial, but was not intended to be a motive or a reward for the doing and abstaining from doing any act in the performance of his duties as a public figure.
the Commission shall allow the person in public life to retain the gift.
(5) Where the Commission determines that the gift was given to the person in public life as a State gift but
(a) was not trivial; or
(b) was intended to be a motive or reward for the doing or abstaining from doing any act in the performance of his duties as a public official
the Commission shall, in writing, direct the person in public life to deliver the gift to the Permanent Secretary, Ministry of Finance within a period not exceeding thirty days as may be specified by the Commission, and the person in public life shall comply with the direction within the time so specified.
(6) A gift handed over to the Permanent Secretary, Ministry of Finance pursuant to subsection (5) shall be dealt with as a gift to the State.
(7) A person in public life is entitled to notice of the proceedings of any inquiry under subsections (4) and (5) and may if he so wishes be represented at the inquiry either in person or by an attorney-at-law.
(8) For the purposes of this section, “trivial” means less than one thousand dollars, retail value.
PART VI
FINANCIAL
Funds
of the Commission
23. The funds of the Commission shall consist of funds as may from time to time be placed at its disposal by Parliament and other moneys as may be lawfully paid to the Commission for the purpose of this Act.
Accounts and Audit
24. The Commission shall keep proper accounts of receipts, payments, assets and liabilities and those accounts shall be audited annually by the Director of Audit or an auditor appointed by the Governor-General.
Annual Reports and Estimates
25. (1) The Commission shall in each year and at such time as the Minister for Finance shall direct, prepare and forward to the Minister a report of its activities during the previous financial year, including a statement of its accounts audited in accordance with section 24.
(2) A copy of the report together with the auditor’s report shall be laid before the (House of Assembly) Representatives.
(3) The Commission shall on or before the (…) in each year submit to the Minister for approval, its estimates of expenditure in respect of the next financial year.
(4) For the purposes of this part “financial year” means the period (…)
Remuneration of Chairman and members
26. The Governor-General, after consultation with the Prime Minister and the Leader of the Opposition, shall determine the level of remuneration to be paid the chairman and members of the Commission.
Seal and execution of documents
27. (1) The seal of the Commission shall be kept in the custody of the Secretary and shall be affixed to instruments in the presence of the Chairman and shall be authenticated by the signature of the Chairman.
(2) All documents other than those required by law to be under seal and all decisions of the Commission may be signed under the hand of the Chairman or the Secretary.
Offences and penalties
28. (1) A person in public life who
(a) uses his position in a public body or knowledge acquired in that position to obtain profit or gain in any business or trade arrangement;
(b) without reasonable excuse, fails to file with the Commission, a declaration in accordance with section 13 (1) of this Act;
(c) knowingly makes a declaration that is false in some material particular;
(d) knowingly gives false information to the Commission;
(e) without reasonable cause fails to attend before the Commission in compliance with a summons or fails or refuses to produce any document or information that he is required by the Commission to produce;
(f) being a witness, leaves a meeting of the Commission or fails to attend an adjourned hearing before the Commission without the permission of the Commission;
(g) being a witness, refuses without sufficient cause to answer any question put to him by or with the permission of the Commission;
commits an offence and is liable
(a) on summary conviction to a fine of $30,000.00 or to imprisonment for a term of three years or to both fine and imprisonment
(b) on conviction on indictment to a fine not exceeding $50,000.00 or to in imprisonment for a term of five years or to both fine and imprisonment.
(2) Where a person is convicted of an offence under this Act, the Court may make an order forfeiting to the State any property involved in the commission of the office that is situated in the State.
(3) Where a person is convicted of an offence under this Act, the Court may make an order directing that any property involved in the commission of the offence situate outside of the State be valued in a manner as directed by the Court and the value so ascertained or a sum equivalent to the value so ascertained be paid to the State.
(4) A person who willfully obstructs or interrupts the proceedings of the Commission commits an offence and is liable on summary conviction to a fine of ten thousand dollars or to imprisonment for a term of one year or to both fine and imprisonment.
(5) A person in public life who without reasonable excuse
(a) makes a report to the Commission under Section 22 (1) which is or false in any material particular;
(b) fails to comply with Section 22 (2) ;or
(c) fails to comply with a direction given by the Commission under 22 (5).
commits an offence, and is liable on summary conviction, to a fine which shall not be less than the value of the gift involved in the commission of the offence or to imprisonment for three months.
Regulations
29. The Minister for Legal Affairs, after consultation with the Integrity Commission, may make regulations as may be necessary for giving effect to the provisions of the Act.
Commencement
30. This Act shall come into force on a day appointed by the Governor-General by Proclamation.
SCHEDULE 1
Section 2
1. Members of the Senate and of the House of Representatives (Assembly)
2. Cabinet Members, Parliamentary Secretaries, Senators
3. Judges of the Court of Appeal and of the High Court
4. Legal officers
5. Heads and Deputy Heads of Overseas Missions
6. Secretary to the Cabinet
7. Chief Personnel Officer
8. Director of Audit
9. Deputy Director of Audit
10. Permanent Secretaries
11. Director General Finance and Planning
12. Director of Planning
13. Clerk of Parliament
14. Accountant General
15. Budget Director
16. Hospital Administrator
17. Senior Assistant Secretaries
18. Assistant Secretaries
19. Police Officer not below the rank of Inspector
20. Comptroller of Custom and other Customs Officers
21. Comptroller of Inland Revenue and other Revenue Offices
22. Members of the Public Service Commission
23. Members of the Police Service Commission
24. Members of Government appointed Boards and Corporations
25. Members of the Tenders Board
26. Staff of Government appointed Boards and Corporations receiving salary not less than Assistant Secretaries in the Public Service
27. Heads and Deputy Heads in Ministries and Departments
28. Chief Technical Officers in Ministries and Departments
29. Education Officers
Passed in the House of Representatives (Assembly) this day of 2002.
Clerk, House of Representatives (Assembly)
SCHEDULE 2
Section 10
INTEGRITY IN PUBLIC LIFE ACT NO. (_____ OF 2003)
OATH OF ALLEGIANCE
I, ______ do swear that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second, her heirs and successors, according to law.
So help me God!
__________________
OATH OF OFFICE
I, ______ swear that I will exercise the functions of _____ of the Integrity Commission without fear or favour, affection or ill will according to the Constitution and other laws of Saint Vincent and the Grenadines.
So help me God!
Sworn before me this ______day of ______________2002.
______________________
Governor-General
OATH OF SECRECY
I, _____, being appointed ______ of the Integrity Commission do swear that I will not on any account or at any time disclose any opinion, advice, or privileged information of the Commission and that I will not except with the authority of the Commission and to such extent as may be required for the good management of the affairs of the Commission directly or indirectly reveal the business or proceedings of the Commission or the nature or any content for any document.
SCHEDULE 3
Section 13
INTEGRITY IN PUBLIC LIFE ACT NO. (_____ OF 2003)
DECLARATION OF ASSETS, LAIBILITES AND INCOME
Declaration of assets and liabilities at______________________________
(Declaration Date)
and of income for the period of twelve months (or other period where appropriate) ending on that date.
NOTE:
(a) Where any property is held by the declaration, declarant’s spouse or the declarant’s child or children in trust for any other person, this should be indicated by a note to that effect.
(b) The declaration date should be the date as at which pursuant to section 13 the declaration is to be made.
(c) Where the space in this Form is inadequate a separate sheet of paper may be used and signed by the declarant.
Name of Declarant
Address of Declarant
Address of Declarant’s Spouse
Name of Declarant’s Spouse
Maiden Name (of Spouse)
PARTICULARS OF DECLARANT’S CHILDREN
Name
Date of Birth
Address
Signature of Declarant
Date:_____________
PARTICULARS OF ASSETS HELD BY DECLARANT,
SPOUSE AND CHILDREN
BANK ACCOUNTS
1. TO BE SUPPORTED BY BANK STATEMENT OR LETTER FROM BANK CONFIRMING BALANCES.
Name and Address of Banks
In whose Name held
Balance in Account
2. CASH IN EXCESS OF ______ DOLLARS HELD OTHER THEN IN BANK BY DECLARANT, SPOUSE AND CHILDREN.
Where held
In whose Name held
Amount
3. BONDS, STOCKS, SHARES, AND SIMILAR INVESTMENTS INCLUDING ANY SUCH PROPERTY OVER WHICH A RIGHT OF DISPOSITION RESIDES IN THE DECLARANT, SPOUSE AND CHILDEN
No. and Description
Organization in which held
In whose name held
Face value
Cost of acquisition where known or market value
__________________________________
Signature of Declarant
Date: ______________
4. IMMOVABLE PROPERTY (e.g. HOUSE, LAND AND FARM BUILDINGS) HELD BY DECLARANT, SPOUSE AND CHILDREN
Description
General
Vol.
Fol.
Where situated
In whose name held
Purchase price
Estimated current market value
________________________________
Signature of Declarant
Date: _______________
5. MONIES INVESTED IN MORTGAGE OR BUSINESS VENTURES (INCLUDING CROPS ANS LIVESTOCK) BY DECLARANT, SPOUSE AND CHILDREN
Type of Investment
In whose name
Amount invested in project
Terms
Interest rate
Annual Income
6. PARTICULARS OF MOTOR VEHICLES OWNED BY, OR ON HIRE FOR ANY PERIOD TO, OR ON HIRE FOR ANY PERIOD TO, OR ON LOAN FOR A PERIOD IN EXCESS OF TWO MONTHS TO THE DECLARANT, SPOUSE OR CHILDREN
Description
Owner’s Name
Age of Vehicle
Terms of Hirage (if hired)
Purchase Price
7. VALUES HELD IN SAFTY DEPOSIT OXES BY DECLARANT, SPOUSE AND CHILDREN
Where held
Owner’s name
Contents
$ Value
________________________________
Signature of Declarant
Date: _________________
8. INSURANCE POLICIES HELD BY DECLARANT, SPOUSE AND CHILDREN
Insurance Company
Type of Policy
Date Insured
Date of maturity
Name of Insured
Annual Premium
Face Value
Surrender Value
9. ANY OTHER PROPERTY OWNED BY DECLARANT, SPOUSE AND CHILDREN
Description
Owner’s Name
By whom being held
In what capacity being held
Estimate
10. OTHER PROPERTY OWNED BY DECLARANT, SPOUSE, AND CHILDREN BEING HELD BY A PERSON OTHER THAN OWNER, WHETHER IN TRUST OR OTHERWISE
Description
Owner’s Name
By whom being held
In what capacity being held
Estimated Market Value
_____________________________
Signature of Declarant
Date: _______________
11. PARTICULARS OF INCOME FROM ALL SOURCES OF DECLRANT, SPOUSE AND CHILDREN (INCLUDING PERQUISITES SUCH AS HOUSE, ENTERTAINMENT ALLOWANCES, RENTAL, etc.)
Type of Income
Recipient’s Name
Source
Gross Amount for period under review
12. PARTICULARS OF LIABILITIES (INCLUDING GUARANTEES) OF DECLARANT, SPOUSE AND CHILDREN
CERTIFICATE FROM CREDITORS OR PARTY TO WHICH GUARANTEE GIVEN SHOULD BE PROVIDED
Natrue of Liability
Person Liable
To whom Liable
Amount
__________________________
Signature of Declarant
Date: __________________
13. PARTICULARS OF ANY PROPERTY ACQUIRED OR DISPOSED OF BY DECLARANT, SPOUSE AND CHILDREN DURING PERIOD OF 12 MONTHS OR OTHER PERIOD WHERE APPROPRIATE) ENDING ON________
Description of Property
Acquisition or Disposal
Cost of Acquisition
Price of Disposal
I do solemnly and sincerely declare that the particulars given by me herein are, to the best of my knowledge, true, accurate and complete.
________________________________
Signature of Declarant
Signed at ______________________
This _____ day of _____ before______
Justice of the Peace
SCHEDULE 4
Section 15 (4)
INTEGRITY IN PUBLIC LIFE ACT NO. (_____OF 2003)
CERTIFICATE OF COMPLIANCE
The Integrity Commission certifies that it has examined the declaration filed with the Commission and is satisfied that full disclosure has been made (Name and address) in accordance with the Act.
Dated this _____ day of _____ 2003.
Chairman, Integrity Commission
SCHEDULE 5
Section 16 (2)
INTEGRITY IN PUBLIC LIFE ACT NO. (_____OF 2003)
SUMMONS TO WITNESS BEFORE THE INTEGRITY COMMISSION
TO E.E., of
_________________________
Whereof complaint has been made before the Integrity Commission that C.D. ______ (state concisely the substance of the complaint) and it has been made to appear to the Commission that you are likely to give material evidence on behalf of the Complainant/person in public life in this behalf:
This is to require you to be and appear at _____ o’clock on the _____ day of _____, 20_____ at _____ before the Commission in the said place, to testify what you know concerning the matter of the said complaint.
Dated this _____ day of _____, 20 _____
Chairman of the Integrity Commission.
SCHEDULE 6
Section 22
INTEGRITY IN PUBLIC LIFE ACT NO. (______OF 2003)
REPORT OF GIFT RECEIVED
TO: THE CHAIRMAN
INTEGRITY COMMISSION
THRU: PERMANENT SECRETARY
NAME OF DECLARANT: _________________________________________________
POSITION OF DECLARANT: ______________________________________________
DESCRIPTION OF GIFT: _________________________________________________
PERSON WHO MADE THE GIFT: __________________________________________
DATE OF RECEIPT OF GIFT: _____________________________________________
VALUE OF GIFT: ________________________________________________________
______________________
Signature
Date: __________
Passed in the House of Representatives (Assembly) this _____ day of 2003.
Clerk House of Representatives (Assembly)
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