Malawi
Corrupt Practices Act
Chapter 7:04
- Commenced on 15 February 1996
- [This is the version of this document at 31 December 2014.]
- [Note: This version of the Act was revised and consolidated in the Fifth Revised Edition of the Laws of Malawi (L.R.O. 1/2018), by the Solicitor General and Secretary for Justice under the authority of the Revision of the Laws Act.]
Part I – Preliminary
1. Short title
This Act may be cited as the Corrupt Practices Act.2. Application
3. Interpretation
In this Act, unless the context otherwise requires—"advantage" means any benefit, service, enjoyment or gratification, whether direct or indirect, and includes a payment, whether in cash or in kind, or any rebate, deduction, concession or loan, and any condition or circumstance that puts one person or class of persons in a favourable position over another;"agent" means any person who acts for or on behalf, or in the name, of a public body or a private body or any other person, and includes a trustee, an administrator, an executor and an employee;"bank" has the meaning ascribed thereto in the Banking Act, and includes a financial institution;[Cap 44:01]"Bureau" means the Anti-Corruption Bureau established under section 4;"corruptly" means the doing of, or the engaging in, any corrupt practice;"corrupt practice" means—(a)the offering, giving, receiving, obtaining or soliciting of any advantage to influence the action of any public officer or any official or any other person in the discharge of the duties of that public officer, official or other person;(b)influence peddling;(c)the extortion of any advantage;"Director" means the person appointed under section 5 to be the Director of the Bureau;"Deputy Director" means the person appointed under section 7 to be the Deputy Director of the Bureau;"entertainment" means the provision of food or drink for consumption on the occasion when it is provided and any other entertainment connected with, or provided at the same time as, such food or drink;"extortion", in relation to corrupt practice, includes—(a)the demanding or receiving by a person in office of a fee or other payment for services, work, supplies or other thing which should be performed, done, delivered, offered, provided or given gratuitously; or(b)where compensation is permissible, the demanding or receiving of a fee or other payment larger than is justified or which is not due;"financial institution" has the meaning ascribed thereto in the Banking Act;[Cap 44:01]"Government" includes any Ministry, Department, service or undertaking of the Government;"influence" means any influence, whether or not the use of it leads to the intended result;"pecuniary resources or property", when used to denote the proceeds of crime or any thing obtained from or connected with, or suspected to have been obtained from or to be connected with, the commission of an offence under this Act, includes pecuniary resources or property of whatever description into which any pecuniary resources or property derived or realized from the commission of the offence was later successively converted, transformed or intermingled, as well as income, capital or other economic gains derived or realized from such pecuniary resources or property at any time since the commission of the offence;"principal" includes an employer, a beneficiary under a trust, and a trust estate as though it were a person, and any person beneficially interested in the estate of a deceased person as though the estate were a person;"private body" means any person or organization not being a public body, and includes a voluntary organization, charitable institution, company, partnership and a club;"Public Appointments Committee" means the Public Appointments Committee of the National Assembly established under section 56(7) of the Constitution;"public body" means the Government, a statutory body or any other body appointed by the Government;"public officer" means any person who is a member of, or holds office in, or is employed in the service of, a public body, whether such membership, office or employment is permanent or temporary, whole or part-time, paid or unpaid, and includes the President, a Vice-President, a Minister and a member of Parliament;"senior police officer" means any police officer of or above the rank of Inspector;"statutory body" has the meaning ascribed thereto in the Public Audit Act and includes the Reserve Bank of Malawi and any company, association, body, board or institution in which a statutory body has a financial interest.[Cap. 37:01][17 of 2004]Part II – The Anti-Corruption Bureau
4. Establishment and composition of the Bureau
5. Appointment of Director
5A. Civil suits by or against the Director
Any civil suit arising from the exercise of the functions, duties and powers of the Bureau or the Director shall be instituted by or against the public office of the Director, but the provisions of the Civil Procedure (Suits by or against the Government or Public Officers) Act shall otherwise apply in respect of any such suit as they apply in respect of any suit by or against any other public officer.[17 of 2004][Cap. 6:01]5B. Legal representation
The Director may, apart from the Attorney General, instruct any legal practitioner—6. Qualifications and tenure of office of Director
7. Appointment of Deputy Director
8. Acting Director
9. Appointment of other officers of the Bureau
In addition to the Director and Deputy Director there shall be appointed in the public service, on terms and conditions approved by the President, investigating officers and such other officers of the Bureau as may be required for the proper performance of the functions of the Bureau but the appointment of officers under this section shall not require the confirmation of the Public Appointments Committee.Part III – Functions and powers of the Bureau
10. Functions of the Bureau
11. Powers of the Bureau
12. Special powers of investigation
12A. Further powers of the Director to obtain information
12B. Bail where suspect or accused is about to leave Malawi
If any person against whom investigations or proceedings for an offence under Part IV are pending is preparing or about to leave Malawi, whether temporarily or permanently, the Director or any officer authorized by him in that behalf may apply to any court for an order requiring such person to furnish bail in any sum, or, if he has already been admitted to bail, in such greater sum and on such additional conditions, as the case may require, with or without sureties; and in any such application the court may make such order as it deems fit.[17 of 2004]13. Obstructing of officers of the Bureau
Any person who—14. False reports of information to the Bureau
15. Powers of arrest
The Director, the Deputy Director or any officer of the Bureau, of such category and such senior rank as the Director may determine, if authorized by warrant issued by a magistrate, may arrest any person if he reasonably suspects that the person has committed or is about to commit an offence under this Act.16. Identity cards
Every officer of the Bureau including the Director and Deputy Director shall have an identity card which shall be prima facie evidence of the officer's appointment as such and which shall be issued—17. Impersonation, etc., of officers of the Bureau
Any person who falsely pretends that—18. Standing orders
19. Accounts
20. Audit
21. Annual reports
22. Immunity of officers of the Bureau
No action or other proceedings shall lie against the Director, the Deputy Director or other officer of the Bureau in respect of any act or thing done or omitted to be done in good faith in the exercise of his duties under this Act.23. Restriction on disposal of property, etc.
23A. Seizure of property, etc.
At any stage during the investigation of, or the proceedings for, an offence under this Act, a court may issue a warrant authorizing the Director, the Deputy Director or a senior police officer to seize or freeze any document, or other records or evidence or any asset, account, money or other pecuniary resource, wealth, property, or business or other interest.Part IV – Offences
24. Corrupt practices by or with public officers
25. Corrupt use of official powers and procuring corrupt use of official powers
25A. Public officers performing functions corruptly
25B. Misuse of public office
25C. Dealing in contracts
25D. Disclosure of interest by public officers
26. Corrupt transactions by or with private bodies
27. Corrupt transactions by or with agents
28. Corruption of members of public bodies in regard to meetings, etc.
29. Advantage for giving assistance, etc., in regard to contracts
30. Advantage for procuring withdrawal of tenders
31. Advantage in regard to bidding at auction sales
32. Possession of unexplained property
33. Certain matters not to constitute defence
34. Penalty
Any person who is guilty of an offence under this Part shall be liable to imprisonment for twelve years.[17 of 2004]35. Attempts, conspiracies, etc.
Any person who attempts to commit, or who aids, abets or counsels, or conspires with, any person to commit an offence under this Part shall be guilty of committing that offence.36. Duty of public officers to make reports, etc.
36A. Tracing of property
Where a court is satisfied in proceedings for an offence under this Part that, having regard to the closeness of his relationship to the accused and to other relevant circumstances, there is reason to believe that any person was holding pecuniary resources or property in trust for or otherwise on behalf of the accused or acquired such pecuniary resources or property as a gift or loan from the accused without adequate consideration, such pecuniary resources or property shall, until the contrary is proved, be deemed to have been under the control or in the possession of the accused.[17 of 2004]36B. Value of property
In any proceedings for an offence under this Part, the court may infer that property was obtained or derived as a result of the commission of an offence where there is evidence establishing that the value after the commission of the offence of all the property of the accused exceeds the value of all his property before the commission of the offence, and the court is satisfied that his income from sources unrelated to the offence he is alleged to have committed cannot reasonably account for that increase in value.[17 of 2004]Part V – Additional penalties and recovery of corrupt advantage
37. Penalty additional to other punishment
Where any person is convicted of an offence under Part IV, the court shall, in addition to any other penalty that it may pass under section 34—38. Recovery of advantage by distress, etc.
Any fine imposed under the provision of Part IV and the amount or value of any advantage ordered to be paid under section 37 may be recovered by distress and sale of such movable and immovable property of the person sentenced as is ascertained to have been acquired through, or is tainted or otherwise connected with, the commission of the offence of which he is convicted.[17 of 2004]39. Principal may recover advantage corruptly received by agent
40. Effect of conviction of an offence under Part IV
Any person convicted of an offence under Part IV shall, by reason of such conviction, be disqualified for a period of seven years from the date of such conviction from being elected or appointed to, or from holding or continuing to hold, any office or position in any public body.41. Certificate of Government valuation officer or other specialist valuer
In any proceedings under this Act, a certificate by a Government valuation officer or other specialist valuer with respect to the value of any advantage or to any movable or immovable property shall be sufficient proof of such value, unless the contrary is proved.[17 of 2004]Part VI – Powers of the Director of Public Prosecutions
42. Consent of the Director of Public Prosecutions
43. ***
[repealed by Act No. 17 of 2004]44. ***
[repealed by Act No. 17 of 2004]Part VII – Evidence and presumptions
45. Presumptions of corrupt intention
46. Evidence of custom
Part VIII – Miscellaneous provisions
47. Absence of power, authority or opportunity no defence
Where any public officer has corruptly solicited, accepted, obtained, or agreed to accept or attempted to receive or obtain any advantage, it shall not be a defence in any trial in respect of an offence under Part IV—48. Corrupt practice coming to the notice of a commission
Where any commission established by or under the Constitution, or appointed under the Commissions of Inquiry Act, in the course, or upon conclusion, of any proceedings before it, is of the opinion that the conduct of any person appears to constitute an offence under this Act and ought to be inquired into for the purposes of this Act, the commission concerned shall, subject to any prohibition, restriction or restraint imposed upon it by or under the Constitution or any other written law, communicate its opinion to the Bureau together with the particulars of the person concerned and such other facts of the case as the commission may deem necessary.[Cap. 18:01]49. False, frivolous or groundless complaints or allegations
49A. Non-compliance with Bureau's orders, directions, etc.
Any person who contravenes or fails to comply with any order, direction, notice, requirement or demand of the Bureau issued, given or made under this Act shall be guilty of an offence and liable to a fine of K50,000 and to imprisonment for two years.[17 of 2004]49B. Unauthorized disclosure by employees, etc., of the Bureau
Any person in the service of the Bureau as an employee, an agent or a consultant or in any other capacity, and having taken an oath of secrecy in the prescribed form in relation thereto, who—50. Alternative convictions and amending particulars
51. Legal practitioners and privileged information
51A. Protection of whistle-blowers and other informers
52. Defences
In any proceedings for an offence under this Act it shall be a valid defence that the advantage offered or accepted is an entertainment.[17 of 2004]52A. Appeals
In any proceedings for an offence under this Act, the prosecution may appeal against any final judgment or order, including a finding of acquittal, of the trial court if, and only if, dissatisfied upon a point of law; but, save as so provided, no appeal shall lie by the prosecution against a finding of acquittal by the trial court.[17 of 2004]53. Liability of citizens and residents of Malawi for offences committed outside Malawi
54. Regulations
The Minister may make regulations for the effective carrying out of this Act and, without prejudice to the generality of the foregoing, such regulations may provide for—History of this document
31 December 2014 this version
Consolidation
15 February 1996
Commenced