Frequently Asked Questions
ANTI-CORRUPTION COMMISSION - FREQUENTLY ASKED QUESTIONS
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It is a body established by an Act of Parliament to lead the
fight against corruption in Sierra Leone. It was set up by the Anti-Corruption Act 2000 as the
government’s response to dealing with corrupt public officials. It is an independent body with powers to prevent and
investigate reports of corrupt practices by public officials.
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It was established in March, 2000.
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The Commission began operations in August 2000.
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The mission of the Anti-Corruption Commission is the
effective prevention and control of corruption in all its forms and at all
levels in Sierra Leone.
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The Commission
was established to investigate instances of alleged or
suspected corruption referred to it by complaint or otherwise and to take such
steps as may be necessary for the eradication or suppression of corrupt
practices; to prevent corruption and to educate, and to enlist and foster
public support in the fight against corruption.
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The normal
working hours in a week is from 8.30am to 4.45pm, Monday to Friday. Staff members are required to work for extra hours during
the week and on weekends if the exigencies of the job so demands.
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The Commission
will operate for as long as it takes to fight
corruption such that it is no longer a threat to the stability and
socio-economic development of the nation.
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The Government of Sierra Leone funds the Commission.
Over the years,
the Commission has received funding also from GIZ, DFID, EU, IRISH AID.
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The Anti-Corruption Commission’s logo has three main
features: the National Flag, the Martial Eagle and the Motto. The national flag is included in the logo to buttress the
fact that the fight against corruption is a national one. It also signifies the fact that if corruption
is conquered the benefits will be realized by all Sierra Leoneans. The green
colour in the flag represents agriculture, natural resources and our mountains;
the white represents unity, peace and justice and the blue represents our
unique natural harbour. The martial eagle, whose head is placed in the center of the
logo, is the largest and most powerful eagle of the open savannah. It is often seen perched erect on a tree top
waiting for its prey. The Commission’s
emphasis in using this species of eagle on its logo is not exactly on her
predatory trait; rather, it is on her omniscient nature.
On this logo the martial eagle symbolizes an ever-present
eye, watching every Sierra Leonean particularly functionaries in both the
public and private sectors, as they carry out their varied functions.
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Corruption is commonly defined as “the abuse of public
office for private gain”. It has also been defined as the abuse of entrusted
power for personal gain or for the benefit of a group to which one owes
allegiance. In our local parlance it is sometimes referred to as “yuki yuki”
(shady deeds). The Anti Corruption Act does not define the terms
“corruption” or “corrupt practices”. However, the Act refers to a number of
practices as corrupt practices. These are as follows:
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The Act
prevents public officers from soliciting or accepting an advantage. It also
prohibits the offering of an “advantage” to public officers as an inducement or
reward in order to influence a contract. In the Anti-Corruption Act “advantage”
includes
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The Act does
not define a gift. However, if for example, the gift was given as an inducement
to or reward for or otherwise on account of the public official performing or
abstaining from performing any act in his capacity as a public officer then it will
be considered as a corrupt practice.
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The Anti-Corruption Commission is mandated to provide for
the prevention of corrupt practices: Ø
By taking necessary measures for the
prevention of corruption in Government ministries, departments and other public
bodies including instructing, advising and assisting any person or authority on
ways in which corruption practices can be reduced. Ø
By educating the public away from
involvement in corrupt practices and by soliciting public support in the fight
against corruption. Ø
By investigating instances of alleged
or suspected corrupt practices referred to it by any person or authority or
which comes to its attention by way of complaint or otherwise.
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The Commission uses a three-pronged approach of public
education, corruption prevention and confrontation to fight corruption.
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The Act puts a lot emphasis on public officers, but that
does not limit the Commission to public officers only. Some of the offences
created in the Act can apply to persons who are in the private sector. If a person from the private sector
while having dealings of any kind with any public body, gives any advantage to
a public officer or any other person to influence any public officer that
person is guilty of an offence under the Act.
The Commission has also engaged the private sector in its prevention
and public education work. The Commission is committed to promote effective
standards of integrity, transparency and accountability in the public and
private sector.
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The Act gives
the Commission the mandate to cover the entire country. The Commission at
present has five offices outside the capital, Freetown. These offices are in
Bo, Makeni, Kenema, Kono and Port Loko in the south, north and east regions of
Sierra Leone. District Monitors have
been deployed to all sixteen districts in the country to support the Social
Safety Net (SSN) programme and public sensitization on the ills of corruption.
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Yes. The Anti Corruption Act 2008 states that any person who
whether in Sierra Leone or elsewhere offers an advantage to a public officer as
an inducement is guilty of an offence. The Act also states that any public
officer who, whether in Sierra Leone or elsewhere solicits or accepts any
advantage as an inducement to or a reward is guilty of an offence. Sierra Leoneans in embassies and consular
abroad fall within this category.
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Yes it does.
The Anti-Corruption Act 2008 defines a public body as including
any organisation, whether local or foreign, established to render any voluntary
social service to the public or any section thereof or for other charitable
purposes, which receives funds or other donation for the benefit of the people
of Sierra Leone.
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According to the Anti-Corruption Act 2008, a public
officer is a holder of a public office. "public office" is an office
in the service of the Government of Sierra Leone, and includes service in, the
offices of President, Vice-President,
Minister, Deputy Minister, Attorney-General and Minister of Justice, member
of Parliament, Magistrate, Judge of the
Superior Court of Judicature, and offices in the Armed Forces, the Police
Force, a public corporation or on the
board thereof; a local authority, any commission or committee established by or
under the Constitution or by or under
any law or by the Government.
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Yes. In Part I of the
Anti
Corruption Act “public officer” is defined as a
holder of a public office. Public offices are defined as including the offices
of the president, vice-president, minister, deputy minister, etc. The holders of all of these offices may be
investigated by the Commission.
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The Act does not exclude any Sierra Leonean from
investigation. However the Constitution of Sierra Leone, which is the supreme
law, gives the President immunity from prosecution whilst he is in office. Sub
section of Section 48 of the Constitution provides that while “any person holds
or performs the functions of the office of President, no civil or criminal
proceedings shall be instituted or continued against him in respect of anything
done or omitted to be done by him either in his official or private capacity.”
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Yes. The Anti-Corruption Commission collaborates with other
public and private bodies and with civil society. Some of the institutions the
Commission works with include the Ministry of Finance, the Accountant-General’s
Department, the Audit Department, National Public Procurement Authority, Office
of National Security, the Sierra Leone Police, Parliament and its oversight committees
and the National Accountability Group (NAG). The Commission also collaborates
with a number of international organisations like Interpol.
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No, they are not.
They are public officials so they fall within the mandate of the
Commission.
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Prevention has been recognized globally as
one of the three fronts in which the battle against corruption is been fought. Corruption
flourishes in weak systems. By undertaking preventive actions such as
examination and reviewing of system and procedures, monitoring projects, work
practices and public officials, holding corruption related workshops, promoting
best practice guides, good corporate governance, ethics and codes of conduct,
the incidents of corruption can be eliminated or drastically minimize thus
resulting in improved transparency, accountability, effective service delivery,
economic and social stability.
Answer
1.
What is the work of a
Prevention Officer?
A Prevention Officer is mandated to
prevent and eliminate opportunities for corruption in Government ministries,
department and other institutions and organizations that fall within its
mandate under the Act. In the execution of their duties, Prevention officers
thoroughly study systems and procedures in public offices and review their work
practices. Following the review they develop and recommend systems and
procedures that promote accountability and help reduce or eradicate corrupt
practices. Institutions are then advised about these recommendations and if
implemented, Prevention officers monitor the implementation process so as to
ensure compliance.
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Yes. The
Commission can institute prosecution of a corrupt officer on receipt of
substantial evidence of a corrupt practice. The Anti-Corruption Act, 2008
states: Being an Act to provide for the continuance of an independent
Anti-Corruption Commission for the prevention, investigation, prosecution and
punishment of corruption and corrupt practices and to provide for other related
matters.
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Yes. An investigating
officer is authorized on behalf of the Commissioner may, without warrant,
arrest any person upon reasonable suspicion of having committed or is about to
commit an offence under this Act.
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Indictment
is a document of arrest that outlines charges levied against a corrupt person
signed by the Commissioner of the Anti-Corruption Commission.
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Sierra Leone is a member of the United Nations and a signatory to the
United Nations Convention Against Corruption (UNCAC). A fundamental principle of the Convention is
asset recovery. Several provisions of the Convention specify how cooperation
and assistance are to be rendered in the case of embezzlement of public funds
or confiscated property and subsequent return to its State of origin by providing
proof of ownership or recognition of the damage caused to a requesting State. Effective
provisions on asset recovery contained in the Convention are to support the
efforts of States to redress the worst effects of corruption while, at the same
time, sending a message to corrupt officials that there is no place to hide
their illicit assets.
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The Commission provides
protection for anybody who informs the Commission of corrupt practices. The
information and the identity of the informer will be kept secret between the
Commission and the informer.
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Yes. Sub section (1) of section 6 of the Act provides that any
person who wilfully— a. makes or
causes to be made to the Commission a false complaint or report that an offence
has been committed under this Act; or
b. misleads the
Commission by giving false information or making any false statement or
accusation; commits an offence and shall be liable on conviction, to a fine not
exceeding one million Leones or to imprisonment for a term not exceeding one
year or to both such fine and imprisonment.
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The Commission has powers to enforce the attendance of
witnesses and examine them and to compel the disclosure of any information or
the production of any accounts, books, documents or articles. Failure by a
person or institution to cooperate with the Commission is an offence under the Act.
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No. However, corruption cases are usually referred
to specially assigned judges of the High Court.
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Yes. Education
is very important in the fight against corruption; because public education of
corruption would help the citizens to know
about the evils of corruption and the benefits of a corrupt free country; which will strengthen the confidence of citizens to support
the Commission in the fight against corruption.
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The Public Education and Outreach Department is engaged in educating
the public against the evils of corruption and enlisting and fostering public
support in combating corruption. The approach for accomplishing such public
enlightenment includes but is not limited to the following: developing training
and sensitization modules in anti corruption for use across the Pillars of
Integrity; Media campaigns involving the use of print, electronic media and theatre;
the strengthening of our integrity clubs in schools; Organising customised
meetings with the three arms of government, and public and private institutions
and with civil society; Building coalitions through the signing of Memorandums
of Understanding (MOUs) with civil society and other institutions in the fight
against corruption; Production of promotional materials such as billboards,
t-shirts, bumper stickers, fact sheet on the Commission, posters and calendar
and the publication of Newsletters; Mounting public lectures, symposia,
seminars and workshops and including the anti corruption issues in syllabuses
for educational institutions.
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You can report corrupt practices to the Commission:
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Yes people can trust the staff of the Commission to make
reports to them. All reports are treated
as confidential. The Act provides that the Commission shall provide every
protection for the sources of its information. The Commission’s Code of Conduct and Conditions of Services
are full up with provisions regulating the treatment of confidential
information. One of the core values of the Commission is that “(A)ll officers
of the ACC will at all times perform their duties with the highest degree of
integrity, objectivity, professionalism, honesty, competence, commitment, due
diligence and without compromising on confidentiality.” The code of conduct further provides that “(B) ecause the
Commission’s work involves access to sensitive and confidential information
that may come into their possession during an enquiry, investigation or
consultation, Officers are required to use such information only in the
performance of official duties. Any
breach of confidence may result in disciplinary action being taken against the
Officer concerned.”
The code further provides that “Officers may not use
information gained in the course of official duties to gain improper personal
advantage or for any other person. Such use of information for improper
advantage includes providing information from official records to any person
outside the Commission for reasons not directly related to the work of the
Commission.”
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Sub Section (2) of Section 4 of the Act provides that
the Commission shall be accountable to the people of Sierra Leone.
Answer
Yes. There is 10% reward for any corrupt case that is
reported. For example in 2005 the Commission announced a financial reward of up
to Le20, 000,000/00 (Twenty Million Leones) for information leading to the
conviction under the 2008 AC Act.
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The Commissioner and Deputy Commissioner are appointed by
the President of the Republic of Sierra
Leone with the approval of Parliament.
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Apart from the
Commissioner and Deputy Commissioner all other staff members of the Commission
are recruited by the Commission. The recruitment process is fair and open and
appointment decisions will be based solely on merit. Management and executive vacancies will be advertised
internally and externally to attract the best possible candidates for the
position and encourage open competition. All applicants are subjected to a probity check
before, during and at the end of their employment with the Commission.
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Yes
the Commission is an independent institution. Section 53 of the Act provides
that the Commission shall not, in the performance of its functions, be subject
to the direction or control of any person authority.
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The
Commission can point to a number of achievements.
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A Pro-Active Unit has been created within the Investigations
Department in the Commission. The Unit works closely with the intelligence
Department to help collect information and intelligence which aids the Commission’s
work. The Prevention Department also undertakes
proactive interventions. The Anti-Corruption Commission has paid unannounced
visits to MDAs that are classified as high-risk and serious corruption proned
areas to conduct investigative audit trails and systems review to forestall
loss of revenue to government.
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Was
Dissolved- Two members have been appointed by the President and Approved by
Parliament
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They are appointed by the President subject to the approval of Parliament.
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They advise the
Commission in areas of appointments and
discipline, including termination and many staff
related issues. They also serve as checks and balances to the powers of the
Commissioner and the Commission.
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Broad based participation is crucial to the fight
against corruption. It is the responsibility of the public to preach, practice,
and uphold honesty and integrity and report incidents of corruption for the
good of the nation.
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This opinion is wrong. The Commission only
considers investigation and /or prosecution of public officers if and only if it
has evidence that an offence under the Act has been or is about to be
committed. The Commission does not engage in witch-hunt activities and is not
influenced by political views in the conduct of its work.
Answer
Yes. There have been a couple of instances of
threats, molestation, and assault to some members of the Commission, and the
Act states that Impeding and Obstruction of the work of the Commission is an
offence
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Yes. Sierra Leone signed the
United Nations Convention against Corruption Resolution 58/4 of 31st
October 2003, on the 9th of December 2003 and ratified it on 30th
September 2004. Sierra Leone also signed the African Union Convention on
Preventing and Combating Corruption on 9th December 2003 but has yet
to ratify the same.
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Under the current law, the
only officials required by law to declare their assets are officials serving in
Local Government Councils. The new Act will make provision for the declaration
of assets of all public officials. Asset declaration is an essential preventive
tool in deterring the illegal acquisition of wealth by public officials and as
such holders of public offices are now been required to declare their assets.
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The National Anti Corruption Strategy (NACS) is Sierra
Leone’s commitment to the fight against corruption. It involves every pillar of
integrity within the state.
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Pillars of integrity are blocks of institutions that
make up for good governance in any country. The following are the pillars of
integrity in Sierra Leone. Legislative, Executive, judiciary, Auditor General,
Ombudsman, Watch Dogs Agencies, Public Service, Media, Civil Society, Private
Sector, International Actors.
The NACS therefore is a strategy that aims to make
these pillars of integrity very strong in Sierra Leone.
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a) To put in place good ways of delivering service to the
people
b) To promote good conditions to prevent corrupt
practices
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The NACS envisions a Sierra Leone that is free from
all forms of corruption where good governance and the rule of law prevail and
support the reduction of poverty for all its citizens.
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Is to prevent and constructively engage and confront
corruption by proactively carrying out comprehensive education on
anti-corruption at all levels of society.
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The NACS has five
principles as follow: a) Comprehensive approach to the process of reform b) Zero – tolerance for corruption c) Use of multiple measures in the fight against corruption
d) Partnership e) Adherence to the rule of law.
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These are committees set up in all Ministries
Departments and Agencies (MDAs) of government and other key institutions. They
are expected to serve as watch dogs and also enforce established procedures and
processes in their respective ministries departments and agencies.
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The composition is as follow: a) A Chairperson b) A vice Chairperson and
c) Seven (7) standing members drawn from the different
departments/units within the entity.
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The Integrity Committee shall provide a supportive
environment to ensure that the recommended actions in the NACS relevant to the
entity are addressed within the stipulated time frame.
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The responsibilities are as follow: a) Appoint a focal person in their entity b) Support the focal person to develop and update annual
work plan. c) Track and address emerging corruption issues within
the entity. d) Mobilize resources within their entity to implement
their activities. e) Meet at least once quarterly.
f) Make available its quarterly report to the Steering Committee.