1. Short title. No. 9 2019 Sierra Leone TheAnti-Corruption (Amendment) Act, 2019 Being an Act to amend the Anti-Corruption Act, 2008 to specify categories of public officers to whom the declaration requirement under subsection (1) of section 119 applies, to increase penalties for offences under the Act and for other related matters. [ This amemdement Act comes into effect on the date of the Presidential assent ] E NACTED by the President and Members of Parliament in this present Parliament assembled. Date of com- mencement . 12 No. Anti-Corruption (Amendment) Act 2019 ACT Supplement to the Sierra Leone Gazette Extraordinary Vol. CXL X, No. 88 dated 2nd December, 2019 S IGNED this 28th day of November, 2019. DR. JULIUS MAADA BIO, President. LS
3. No. 9 Anti-Corruption (Amendment) Act , 2019 No. 9 Anti-Corruption (Amendment) Act, 2019 “ (7) (a) Where a person charged with an offence under this Act fails to present himself before the Court, he may be tried in absentia, provided that an ex-parte application is made to a Judge and an Order is given for the Commission to proceed with the trial, against the person charged; (b) At any stage of the trial, but not later than the close of the case for the prosecution, a person who is tried under paragraph (a) of subsection 7, may avail himself and present his defence. (8) (a) Where the Commissioner is dissatisfied with a sentence meted to a convict for an offence under this Act, he may appeal against such sentence in the Courts of Appeal. (b) An appeal under paragraph (a) of subsection (8) shall be done pursuant to the Courts of Appeal Rules 1985 .” 8. Section 97 of the Anti-Corruption Act, 2008 is repealed and replaced by the following new section– 97. Where in any proceedings for an offence under this Act, it is established that the accused gave, offer ed, soli ci ted, accepted, obtained or received an advantage, the advantage shall be presumed to have been given, offered, solicited, accepted, obtained or received as inducement or reward as is alleged in the particulars of the offence unless the contrary is proved .” 9. Section 119 of the Anti-Corruption Act, 2008 is amended by– (a) repealing and replacing subsection (1) with the following sub-section. “ Every public officer shall, within three months of becoming a public officer, deposit with the Commission a declaration of his income, assets and liabilities and thereafter in every two years that he is public officer, but not later than 31st March of that second year, deposit further declaration of his income, assets and liabilities and also while leaving office” (b) Subsection (2) of Section 119 of the Anti- Corruption Act, 2008 is repealed . (c) repealing and replacing subsection (3) with the following new sub-section. “(3) In the case of every person who ceases to be a public officer, not later than three months from the date on which he ceases to be a public officer, except where extended by the Commissioner in writing, he shall file in respect of his assets, income and liabilities covering the period from the date of his last declaration to the date on which he is required by this sub-section to furnish a declaration.’’ (d) inserting the following new sub-section immediately after sub-section (3); Amendment of section 97 of Act No. 12 of 2008. 4 5 Amendment of section 119 of Act No. 12 of 2008. “P resu mpti on of corruption.
4. No. 9 Anti-Corruption (Amendment) Act , 2019 No. 9 Anti-Corruption (Amendment) Act, 2019 “(3A) Th e wr i t ten ext ensi on of t h e Commissioner under subsection (3) shall not cumulatively exceed 30 days after the expiration of the three months period referred to in subsection (3)” (e) inserting the following new subsection immediately after sub-section (15) - “(16) The Commissioner may by statutory instrument published in the Gazette , specify categories of pub- lic officers for the purpose of declar- ation of assets, income and liabilities under section 119”. 10 . Section 122 of the Anti-Corruption Act, 2008 is amended b y inserting, immediately after that section, the following new section– 122A. (1) A public officer who, without reasonable cause, fails to submit his Assets Declaration Form or knowingly records false, inaccurate or misleading information in the declaration form shall, in addition to any other penalty imposed under this Act, be liable to administrative sanctions as set out in sub-section (5). (2) Notwithstanding subsection (1), the Commission shall, after the expiration of the deadline date for the submission of the declaration form, issue a default notice to a public officer who failed to submit his assets Declaration Form within 3 months period. (3) A default notice issued by the Commission under subsection (2) shall– (a) notify the public officer of the default; (b) outline the sanctions to be imposed; and (c) request the public officer to submit the declaration form within 14 days after service of the notice. (4) Any notice required under this section shall be well and sufficiently served if personally served on the public officer concerned or if left and signed for by a person who has general authority to receive service of processes or correspondences, in the office where the public officer works. Provided that in the case of Exit declaration, service may be done at the last known residential address of the ex-public officer who has an obligation to make the declaration” (5) Where a public officer fails to comply with a default notice issued by the Com m i ssi on un der subsect i on (2), th e Commissioner shall direct that the Accountant-General, the Director- General, Human Resource Management Office or an officer responsible for the payment of salary as the case may be to,– (a) withhold the salary of the public officer; (b) suspend the public officer after one month but not more than three months; and (c) dismiss the public officer after three months.” (6) Paragraphs (b) and (c) of subsection (5) shall not apply to an office where the grounds for removal of an officer is stipulated in the Constitution. 6 7 “Administrative sanctions. Amendment of section 122 of Act No. 12 of 2008.
6. No. 9 Anti-Corruption (Amendment) Act , 2019 No. 9 Anti-Corruption (Amendment) Act, 2019 (b) A person who commits an offence under paragraph (a) of subsection (1) shall be puni sh ed a s i f t h e offence ha d been completed; and any rules of evidence which apply with respect to the proof of such offence shall apply in like manner to the proof of conspiracy to commit such offence. 15. Section 128 of the “Anti -Corruption Act, 2008 is amended by inserting immediately after sub-section (2), the following new subsections- (3) A person who engages in corrupt activity or practice, in a programme organised or conducted by an educational institution or examination body, to confer an advantage on himself or another person, commits an offence- (4) A person guilty of an offence under this Section shall on conviction be liable to a fine not less than Fifty Million Leones or to imprisonment for a term not less than five years or to both such fine and imprisonment.” 10 11 offence of academic malpractice. Passed in Parliament this 31st day of October, in the year of our Lord two thousand and nineteen. P ARAN UMAR TARAW ALL Y Clerk of Parliament. T HIS P RINTED I MPRESSION has been carefully compared by me with the Bill which has passed Parliament and found by me to be a true and correct printed copy of the said Bill. P ARAN UMAR TARAW ALL Y Clerk of Parliament. P RINTED AND P UBLISHED BY THE G OVERNMENT P RINTING D EP AR TMENT , S IERRA L EONE . G AZETTE E XTRAORDINARY N O . 88 OF 2 ND D ECEMBER , 2019.
5. No. 9 Anti-Corruption (Amendment) Act , 2019 No. 9 Anti-Corruption (Amendment) Act, 2019 11. Section 126 of the Anti-Corruption Act, 2008 is amended b y inserting, immediately after that section, the following new section– “126A (1) Where the Commissioner has reason to believe that a proposed contract, to which a public body is a party, is not in the national interest, the Commissioner shall, in consultation and agreement in writing with the Chief Executive of the National Public Procurement Authority, issue a directive in writing, to the pubic body, directing not to proceed with the signing of the contract. (2) The Commissioner shall notify the parties concerned of the notice issued under subsection (1) and their right to appeal within 14 days pursuant to subsection (3). (3) A party to a contract who is dissatisfied with a directive issued by the Commissioner under subsection (1) may appeal to the High Court within 14 days of the directive. (4) A party to a contract who fails to comply with the directive issued by the Commissioner under subsection (1) commits an offence and shall be liable on conviction – (a) to a fine of not less than fifty million Leones or to a term of imprisonment of not less than five years or to both such fine and imprison- ment; and (b) to pay into the Consolidated Revenue Fund any money expended or damages for loss incurred on behalf of Sierra Leone after the issuance of a directive by the Commissioner under sub-section (1). (5) For the purposes of Section 126A (1) “not in the national interest ” means a proposed contract negotiated with an element of corrupt practice 12. Section 127 of the Anti-Corruption Act, 2008 is amended in subsection (2) by replacing the fine of “not less than five million Leones” with a new fine of “not less than thirty million Leones”; 13. Section 130 of the Anti-Corruption Act, 2008 is amended by inserting, immediately after that section, the following new section– 130A. A penalty for an offence under this Act shall be increased, in the case of– (a) a fine of “not less than Thirty Million Leones” to a new fine of “not less than Fifty Million Leones.” (b) a term of imprisonment of “not less than three years” to a new term of imprisonment of “not less than five years.” 14. Section 128 (1) of the Anti-Corruption Act, 2008 is amended as follows; (a) A person who shall attempt or conspire to commit a corruption offence or aid, abet, coun sel, com m a nd or pr ocur e t h e commission of a corruption offence, commits an offence. 8 9 Amendment of section 127 of Act No. 12 of 2008. offence of conspiracy. Amendment of section 126 of Act No. 12 of 2008. Amendment of section 130 of Act No. 12 of 2008. “ Pena lt y increase.
2. No. 9 Anti-Corruption (Amendment) Act , 2019 No. 9 Anti-Corruption (Amendment) Act, 2019 1. Section 36 of the Anti-Corruption Act, 2008 is amended by inserting the following new subsection immediately after sub-section (3) – “(4) In addition to the penalties imposed under sub- section (3) the Court shall order a person convicted under subsection (1) to pay the full amount adjudged by the court to have been misappropriated into the Consolidated Revenue Fund.” 2. Section 37 of the Anti-Corruption Act, 2008 is amended by inserting the following new subsection immediately after subsection (3) – “(4) In addition to the penalties imposed under sub- section (3) the Court shall order a person convicted under subsection (1) to pay the full amount adjudged by the court to have been misappropriated into the Consolidated Revenue Fund. 3. Section 62 of the Anti-Corruption Act, 2008 is amended in subsection (3) by replacing the word “Court” in the last line with the word “Commissioner”. 4. Section 76 of the Anti-Corruption Act, 2008 is amended by– (a) replacing the fine of “three million Leones” with a new fine of not less than “Thirty Million Leones and not exceeding One Hundred Million Leones”; (b) replacing the term of imprisonment of “not less than six months” with a new term of imprisonment of “not less than three years and not more than ten years”. 5. Section 78 of the Anti-Corruption Act, 2008 is amended in subsection (1), by repealing and replacing paragraph (g) with the following new paragraph– “(g) head of a public body”; 6. Section 85 of the Anti-Corruption Act, 2008 is amended in subsection (1), by replacing the word “may” in line 2 with the word “shall”. 7. (1) Subsection (1) of section 89 of the Anti-Corruption Act, 2008 is repealed and replaced with the following new subsection– “(1) Where the Commissioner is of the opinion that the findings of the Commission on any investigation warrant a prosecution under this Act the Commissioner may– (a) institute proceedings in Court ; or (b) enter into an agreement with a suspect to – (i) refund the amount involved plus an interest of not less than 10% and; (ii) preclude himself from holding public office for a period not less than three years.” 7 (2). Section 89 of the Anti -Corruption Act, 2008 is amended by inserting the following new sub-sections immediately after sub- section (6) Amendment of section 36 of Act No. 12 of 2008. Amendment of section 37 of Act No. 12 of 2008. Amendment of section 89 of Act No. 12 of 2008. Amendment of section 62 of Act No. 12 of 2008. Amendment of section 85 of Act No. 12 of 2008. 2 3 Amendment of section 78 of Act No. 12 of 2008. Amendment of section 76 of Act No. 12 of 2008. Amendment of section 89 of Act No. 12 of 2008.
