Mauritius
Prevention of Corruption Act, 2002
Act 5 of 2002
- Commenced on 1 April 2002
- [This is the version of this document from 1 April 2002 and includes any amendments published up to 30 June 2017.]
- [Note: The original publication document is not available and this content could not be verified.]
Part I – Preliminary
1. Short title
This Act may be cited as the Prevention of Corruption Act 2002.2. Interpretation
In this Act—"act of corruption"—(a)means an act which constitutes a corruption offence; and(b)includes—(i)any conduct whereby, in return for a gratification, a person does or neglects from doing an act in contravention of his public duties;(ii)the offer, promise, soliciting or receipt of a gratification as an inducement or reward to a person to do or not to do any act, with a corrupt intention;(iii)the abuse of a public or private office for private gain;(iv)an agreement between 2 or more persons to act or refrain from acting in violation of a person's duties in the private or public sector for profit or gain;(v)any conduct whereby a person accepts or obtains, or agrees to accept or attempts to obtain, from any person, for himself or for any other person, any gratification for inducing a public official, by corrupt or illegal means, or by the exercise of personal influence, to do or abstain from doing an act in the exercise of his duties to show favour or disfavour to any person;"agent"—(a)means any person employed by or acting for another person;(b)includes a member or an officer of a public body, a trustee, a sub-contractor, and any person employed by or acting for such trustee or sub-contractor;"associate", in relation to a person, means—(a)a person who is a nominee or an employee of that person;(b)a person who manages the affairs of that person;(c)a firm of which that person, or his nominee, is a partner or a person in charge or in control of its business or affairs;(d)a company in which that person, or his nominee, is a director or is in charge or in control of its business or affairs, or in which that person, alone or together with his nominee, holds a controlling interest, or shares amounting to more than 30 per cent of the total issued share capital; or(e)the trustee of a trust, where—(i)the trust has been created by that person; or(ii)the total value of the assets contributed by that person to the trust at any time, whether before or after the creation of the trust, amounts, at any time, to not less than 20 per cent of the total value of the assets of the trust;"bank"—(a)has the same meaning as in the Banking Act 2004; and(b)includes any person licensed under the Banking Act 2004 to carry on deposit taking business;[amended by Act No. 14 of 2005]"Board" means the Board referred to in section 19(3);"cash dealer" has the same meaning as in the Banking Act 2004;[amended by Act No. 14 of 2005]"Commission" means the Independent Commission Against Corruption established under section 19;"corruption offence" means an offence under Part II or under such other enactment as the Prime Minister may prescribe;"Corruption Investigation Division" means the Corruption Investigation Division set up under section 28;"Corruption Prevention and Education Division" means the Corruption Prevention and Education Division set up under section 28;"crime"—(a)has the same meaning as in the Criminal Code;(b)includes an activity carried out outside Mauritius and which, had it taken place in Mauritius, would have constituted a crime;(c)includes any act or omission occurring outside Mauritius, but which, had it taken place in Mauritius would have constituted a crime;"Director of the Corruption Investigation Division" means the person appointed as such under section 29;"Director of the Corruption, Prevention and Education Division" means the person appointed as such under section 30;"Director-General" means the person appointed under section 19(4);"financial institution" means an institution or person regulated by—(a)the Financial Services Act 2007;[amended by Act No. 14 of 2007](b)the Immigration Act insofar as it relates to section 5A;(c)the Insurance Act;(d)the Securities (Central Depository, Clearing and Settlement) Act;(e)the securities Act 2005[amended by Act No. 22 of 2005](f)the Trusts Act 2001; and(g)the Unit Trusts Act;"financial year" means the period of 12 months ending on 30 June in any year;"FIU" means the Financial Intelligence Unit established under the Financial Intelligence and Anti-Money Laundering Act 2002;"Government company" means a company registered under the Companies Act and in which the Government of Mauritius—(a)directly or indirectly or through any other corporate body, owns or controls not less than 50 per cent of the entire share capital; or(b)by reason of its financial input through loans, debentures or otherwise, or by reason of the presence of its representatives on the Board of Directors, is in a position to influence its policy or decisions;"gratification"—(a)means a gift, reward, discount, premium or other advantage, other than lawful remuneration; and(b)includes—(i)a loan, fee or commission consisting of money or of any valuable security or of other property or interest in property of any description;(ii)the offer of an office, employment or other contract;(iii)the payment, release or discharge of a loan, obligation or other liability; and(iv)the payment of inadequate consideration for goods or services;(c)the offer or promise, whether conditional or unconditional, of a gratification;"investigatory authorities" has the same meaning as in the Financial Intelligence and Anti-Money Laundering Act"Legal Division" means the Legal Division set up under section 28;"member of a relevant profession or occupation" has the same meaning as in the Financial Intelligence and Anti-Money Laundering Act;[added by Act No. 27 of 2012]"member of relevant profession or occupation"—(a)means an accountant, an attorney, a barrister, a chartered secretary, a notary; and(b)includes a person carrying on the business of a casino, a bookmaker or totalisator under the Gaming Act;"Minister" means the Minister to whom responsibility for the subject of corruption is assigned;"money laundering offence" means an offence under Part II of the Financial Intelligence and Anti-Money Laundering Act 2002;"officer"—(a)means an officer appointed under section 24; and(b)includes the Director of the Corruption Investigation Division, the Director of the Corruption Prevention and Education Division, and the Chief Legal Adviser;"Parliamentary Committee" means the Parliamentary Committee set up under section 59;"principal" includes an employer, a beneficiary under a trust, a person beneficially interested in the succession of a person, and, in the case of a person serving in or under a public body, the public body;"public body"—(a)means a Ministry or Government department, a Commission set up under the Constitution or under the authority of any other law, a local authority, or a statutory corporation; and(b)includes a Government company;"public official"—(a)means a Minister, a member of the National Assembly, a public officer, a local government officer, an employee or member of a local authority, a member of a Commission set up under the Constitution, an employee or member of a statutory corporation, or an employee or director of any Government company;(b)includes a Judge, an arbitrator, an assessor or a member of a jury;(c)includes an official of the International Criminal Court referred to in the International Criminal Court Act 2011;.[amended by Act No. 27 of 2011]"relative", in relation to a person, means—(a)a spouse or conjugal partner of that person;(b)a brother or sister of that person;(c)a brother or sister of the spouse of that person; or(d)any lineal ascendant or descendant of that person;"suspicious transaction" means a transaction which—(a)gives rise to a reasonable suspicion that it may involve—(i)the laundering of money or the proceeds of any crime; or(ii)funds linked or related to, or to be used for, the financing of terrorism or proliferation financing or, any other activities or transaction related to terrorism as specified in the Prevention of Terrorism Act or under any other enactment, whether or not the funds represent the proceeds of a crime;(b)is made in circumstances of unusual or unjustified complexity;(c)appears to have no economic justification or lawful objective;(d)is made by or on behalf of a person whose identity has not been established to the satisfaction of the person with whom the transaction is made; or(e)gives rise to suspicion for any other reason."supervisory authorities" has the same meaning as in the Financial Intelligence and Anti-Money Laundering Act;[amended by Act No. 14 of 2005; Act No. 22 of 2005; Act No. 24 of 2005; Act No. 14 of 2007; Act No. 11 of 2018; Act No. 5 of 2020]3. Application of Act
A person shall commit an offence under this Act where—Part II – Corruption offences
4. Bribery by public official
5. Bribery of public official
6. Taking gratification to screen offender from punishment
7. Public official using his office for gratification
8. Bribery of or by public official to influence the decision of a public body
9. Influencing public official
Any person who exercises any form of violence, or pressure by means of threat, upon a public official, with a view to the performance, by that public official, of any act in the execution of his functions or duties, or the non-performance, by that public official, of any such act, shall commit an offence and shall, on conviction, be liable to penal servitude for a term not exceeding 10 years.10. 'Trafic d'influence'
11. Public official taking gratification
Any public official who accepts or receives a gratification, for himself or for any other person—12. Bribery for procuring contracts
13. Conflict of interests
14. Treating of public official
Any person who, while having dealings with a public body, offers a gratification to a public official who is a member, director or employee of that public body shall commit an offence and shall, on conviction, be liable to penal servitude for a term not exceeding 10 years.15. Receiving gift for a corrupt purpose
Any public official who solicits, accepts or obtains a gratification for himself or for any other person—16. Corruption of agent
17. Corruption to provoke a serious offence
Where a person has committed an offence under this Part with the object of committing or facilitating the commission of a crime, that person shall, on conviction, be sentenced to penal servitude.17A. Offence committed by legal person
Part III – The Independent Commission Against Corruption
18. ***
[section 18 repealed by Act No. 24 of 2005]19. Establishment of the Commission
20. Functions of the Commission
21. Terms and conditions of appointment of Director-General
22. Vacancy in office of Director-General
23. Termination of appointment
24. Officers of the Commission
25. Disclosure of assets and liabilities
A Member of the Board or an officer shall—26. Use of independent professionals
The Commission may, where it considers it expedient to do so, retain the services of an independent professional or specialized agency from Mauritius or overseas for such specific purpose as the Commission may require.27. Meetings of the Board
27A. Disclosure of interest by Board member
Any member of the Board, including a person appointed to act as Director-General, who has a direct or indirect interest in a matter being considered or about to be considered by the Board shall forthwith, or as soon as is practicable after the relevant facts have come to his knowledge, disclose in writing the nature of his interest to the Board and shall not—28. Divisions of the Commission
29. Director of the Corruption Investigation Division
The Director of the Corruption Investigation Division shall—30. Director of the Corruption Prevention and Education Division
31. The Chief Legal Adviser
32. General Fund
33. Funds of the Commission
34. Commission accounts
The Commission shall open and maintain any account as it thinks fit, with any bank, in the name of the Commission.35. Estimates
36. Audit and annual reports
37. Exemptions
38. Protection of members and officers
Any member of the Board or an officer acting in the exercise of his duties under this Act shall, for the purposes of sections 1, 2, 3 and 4(1) and (2) of the Public Officers' Protection Act, be deemed to be a public officer.[amended by Act No. 24 of 2005; Act No. 1 of 2006]38A. Protection from liability of Commission, Board and officers
No action shall lie against the Commission, the Board, any member of the Board or any officer of the Commission, as the case may be, in respect of any act done or omission made by it or him in good faith, in the performance of its or his functions under this Act or any other enactment.[added by Act No. 1 of 2006]Part IV – ***
[Part IV repealed by Act No. 24 of 2005]39. ***
[section 39 repealed by Act No. 24 of 2005]40. ***
[section 40 repealed by Act No. 24 of 2005]41. ***
[section 41 repealed by Act No. 24 of 2005]42. ***
[section 42 repealed by Act No. 24 of 2005]Part V – Proceedings of the Commission
43. Notification of corruption offence
44. Duty to report acts of corruption offences
45. Referrals to the Commission
46. Investigation by the Commission
47. Further investigation by the Commission
48. Protection of informers
49. Protection of witnesses
50. Powers of the Commission to examine person
51. Orders to search certain premises
52. Power of entry and search
53. Powers of arrest
54. Property tracking and monitoring order
55. Enforcement of property tracking and monitoring order
A Judge in Chambers may, on good cause shown by the Commission that any person is failing to comply with, is delaying or is otherwise obstructing a directive made in accordance with section 54, order that the Commission or any officer authorised by it may enter any premises of the bank, financial institution, cash dealer or member of a relevant profession or occupation, search the premises and remove any document, material or other thing therein for the purposes of executing such order.56. Application for attachment order
57. Features of attachment order
58. Seizure of movable property
58A. Realisation of assets seized or subject of an attachment order
Part VI – The Parliamentary Committee
59. The Parliamentary Committee
60. Proceedings of the Parliamentary Committee
61. Functions and powers of the Parliamentary Committee
Part VII – ***
[Part VII repealed by Act No. 9 of 2011]62. ***
[section 62 repealed by Act No. 9 of 2011]63. ***
[section 63 repealed by Act No. 9 of 2011]64. ***
[section 64 repealed by Act No. 9 of 2011]Part VIII – ***
[Part VIII repealed by Act No. 35 of 2003]65. ***
[section 65 repealed by Act No. 35 of 2003]66. ***
[section 66 repealed by Act No. 35 of 2003]67. ***
[section 67 repealed by Act No. 35 of 2003]68. ***
[section 68 repealed by Act No. 35 of 2003]69. ***
[section 69 repealed by Act No. 35 of 2003]70. ***
[section 70 repealed by Act No. 35 of 2003]71. ***
[section 71 repealed by Act No. 35 of 2003]72. ***
[section 72 repealed by Act No. 35 of 2003]73. ***
[section 73 repealed by Act No. 35 of 2003]74. ***
[section 74 repealed by Act No. 35 of 2003]75. ***
[section 75 repealed by Act No. 35 of 2003]76. ***
[section 76 repealed by Act No. 35 of 2003]77. ***
[section 77 repealed by Act No. 35 of 2003]78. ***
[section 78 repealed by Act No. 35 of 2003]79. ***
[section 79 repealed by Act No. 35 of 2003]Part IX – Extradition
80. Corruption offence extraditable
Any corruption offence shall be deemed to be an extradition crime for which extradition may be granted or obtained under the Extradition Act.Part X – Miscellaneous
81. Confidentiality
82. Prosecution, conviction and forfeiture
82A. Jurisdiction
83. Burden of proof
In the course of a trial of an accused for a corruption offence, it shall be presumed that at the time a gratification was received, the recipient knew that such gratification was made for a corrupt purpose.84. Possession of unexplained wealth
85. ***
[repealed by Act No. 9 of 2011]86. Donations and legacies
Article 910 of the Code Napoleon shall not apply to the Commission.87. Regulations
88. Consequential amendments
89. Repeal
The following enactments are repealed—90. Savings and transitional provisions
91. Commencement
Proclaimed by [Proclamation No. 18 of 2002] w. e. f. 1st April 2002History of this document
01 April 2002 this version
Commenced