8 No.

Anti-Corruption (Amendment) Act 2019 BILL

Supplement to the Sierra Leone Gazette Vol. CXLX, No. 50
(c) provide the Commissioner with alternatives to prosecution;
dated 20th June, 2019
(d) widen the scope of corruption to include that the accused ‘offered’,
‘solicited’, ‘obtained’ or ‘received’ in addition to ‘gave and
‘accepted’ an advantage;

(e) reduce the year-long requirement that people who cease to be public
officers have to file a declaration in respect of their assets and
empower the Commissioner to specify categories of public officers
for the purpose of declaration by Statutory instrument published in
a Gazette;

(f) provide for administrative sanctions for public officers who fail to
submit their Assets Declaration Forms or knowingly records false,
inaccurate or misleading information in the forms; and

(g) vest in the Commissioner, power to direct that contracts may not be
No. 2019
proceeded with.

DR. PRISCILLA SCHWARTZ, Sierra Leone

Attorney-General and Minister of Justice.

A BILL ENTITLED
Freetown,
Sierra Leone, TheAnti-Corruption (Amendment) Act, 2019 Short title.

, 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.

[ ] Date of com-
mencement.
PRINTED AND PUBLISHED BY THE GOVERNMENT PRINTING DEPARTMENT, SIERRA LEONE. ENACTED by the President and Members of Parliament in this
GAZETTE NO. 50 OF 20TH JUNE, 2019 present Parliament assembled.
2 No. Anti-Corruption (Amendment) Act, 2019 No. Anti-Corruption (Amendment) Act, 2019 3

Amendment 1. Section 36 of the Anti-Corruption Act, 2008 is amended by “(g) head of a public body”;
of section 36
of Act No. 12
inserting the following new subsection immediately after subsection
of 2008. (3) – 6. Section 85 of the Anti-Corruption Act, 2008 is amended in Amendment
subsection (1), by replacing the word “may” in line 2 with the word of section 85
of Act No.
“(4) In addition to the penalties imposed under “shall”. 12 of 2008.
sub- section (3) the Court shall order a person
convicted under subsection (1) to pay the full 7. Subsection (1) of section 89 of the Anti-Corruption Act, Amendment
amount adjudged by the court to have been 2008 is repealed and replaced with the following new subsection– of section 89
of Act No. 12
misappropriated into the Consolidated Fund.” of 2008.
“(1) Where the Commissioner is of the
Amendment 2. Section 37 of the Anti-Corruption Act, 2008 is amended by opinion that the findings of the Commission on any
of section 37
inserting the following new subsection immediately after subsection investigation warrant a prosecution under this Act
of Act No. 12
of 2008. (3) – the Commissioner may–

“(4) In addition to the penalties imposed under (a) institute proceedings in Court ; or
sub-section (3) the Court shall order a person
convicted under subsection (1) to pay the full (b) enter into an agreement with a suspect to –
amount adjudged by the court to have been
misappropriated into the Consolidated Fund. (i) refund the amount involved plus an
interest of not less than 10% and;”
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 (ii) preclude himself from holding public
word “Commissioner”. office for a period not less than three
years.”
Amendment 4. Section 76 of the Anti-Corruption Act, 2008 is amended
of section by– 8. Section 97 of the Anti-Corruption Act, 2008 is repealed and
76 of Act Amendment
No. 12 replaced by the following new section– of section 97
of Act No. 12
of 2008. (a) replacing the fine of “three million Leones” of 2008.
with a new fine of “thirty million Leones”; “Presumption 97. Where in any proceedings for an
of corrup-
tion. offence under this Act, it is established that
(b) replacing the term of imprisonment of “not the accused gave, offered, solicited,
less than six months” with a new term of accepted, obtained or received an advantage,
imprisonment of “not less than three years”. the advantage shall be presumed to have
been given, offered, solicited, accepted,
Amendment 5. Section 78 of the Anti-Corruption Act, 2008 is amended obtained or received as inducement or reward
of section 78
of Act No. 12
in subsection (1), by repealing and replacing paragraph (g) with the as is alleged in the particulars of the offence
of 2008. following new paragraph– unless the contrary is proved .”
4 No. Anti-Corruption (Amendment) Act, 2019 No. Anti-Corruption (Amendment) Act, 2019 5

Amendment 9. Section 119 of the Anti-Corruption Act, 2008 is amended 10. Section 122 of the Anti-Corruption Act, 2008 is amended Amendment
of section of section
119 of Act
by– by inserting, immediately after that section, the following new 122 of Act
No. 12 of section– No. 12 of
2008. (a) deleting the word “sworn” in subsection (1); 2008.
“Administra- 122A. (1) A public officer who, without
tive sanc-
(b) repealing and replacing subsection (3) with tions.
reasonable cause, fails to submit his Assets
the following new subsection– Declaration Form or knowingly records false,
inaccurate or misleading information in the
“(3) In the case of every person who declaration form shall, in addition to any other
ceases to be a public officer, not later than penalty imposed under this Act, be liable to
three months from the date on which he administrative sanctions as set out in subsection
ceases to be a public officer, except where (4).
extended by the Commissioner in writing, he
shall file in respect of his assets, i n c o m e (2) Notwithstanding subsection (1), the
and liabilities covering the period from the Commission shall, after the expiration of the dead
date of his last declaration to the date on line date for the submission of the declaration
which he is required by this subsection to form issue a default notice to a public officer who
furnish a declaration.’’ failed to submit its assets declaration form within
the 3 months period.
(c) inserting the following new section
immediately after subsection (3); (3) A default notice issued by the Commission
under subsection (2) shall–
(3A) The written extension of the
commissioner under subsection (3) shall not (a) notify the public officer of the default;
cumulatively exceed 30 days after the
expiration of the three months period referred (b) outline the sanctions to be imposed; and
to in subsection (3)”
(c) request the public officer to submit the
(d) inserting the following new subsection declaration form within 14 days after
immediately after subsection (15) - service of notice.

“(16) The Commissioner may (4) Any notice required under this section shall be well
by statutory instrument published in and sufficiently served if personally served on the public officer
the Gazette, specify categories of pub- concerned or if left and signed for by a person who has general
lic officers for the purpose of declar- authority to receive service of processes or correspondences, in the
ation of assets, income and liabilities office where the public officer works.
under section 119”.
6 No. Anti-Corruption (Amendment) Act, 2019 No. Anti-Corruption (Amendment) Act, 2019 7

Provided that in the case of Exit declaration, service may (a) to a fine of not less than fifty million Leones
be done at the last known residential address of the ex-public officer or to a term of imprisonment of not less than
who has an obligation to make the declaration” five years or to both such fine and imprison-
ment; and
(5) Where a public officer fails to comply with a default
notice issued by the Commission under subsection (2), the (b) to pay into the consolidated Fund any money
Commissioner shall direct that the Accountant-General, the Director- expended or damages for loss incurred on
General, Human Resource Management Office or an officer
behalf of Sierra Leone after the issuance of a
responsible for the payment of salary as the case may be to,–
directive by the Commissioner under sub-
(a) withhold the salary of the public officer; section (1).”

(b) suspend the public officer after one month 12. Section 127 of the Anti-Corruption Act, 2008 is amended Amendment
in subsection (2) by replacing the fine of “not less than five million of section
but not more than three months; and 127 of Act
Leones” with a new fine of “not less than thirty million Leones”; No. 12 of
(c) dismiss the public officer after three months.” 2008.
13. Section 130 of the Anti-Corruption Act, 2008 is amended Amendment
(6) Paragraphs (b) and (c) of subsection (5) shall not apply by inserting, immediately after that section, the following new of section
to an office where the grounds for removal of an officer is stipulated section– 130 of Act
in the Constitution. No. 12 of
2008.
Amendment 11. Section 126 of the Anti-Corruption Act, 2008 is amended 130A. A penalty for an offence under this Act
of section shall be increased, in the case of–
126 of Act by inserting, immediately after that section, the following new
No. 12 of section–
2008. (a) a fine of “not less than thirty Million
“126A (1) Where the Commissioner has reason Leones” to a new fine of “not less than
to believe that a contract, to which a public body is a fifty million Leones.”; and
party, is not in the national interest, the Commissioner
may, in concurrence with the Chief Executive Officer “ Pena lty (b) a term of imprisonment of “not less than
of National Public Procument Authority, issue a increase.
three years” to a new term of imprison-
directive in writing, to the pubic body, directing not to ment of “not less than five years.”.
proceed with the contract.

(2) A party to a contract who is dissatisfied with a MEMORANDUM OF OBJECTS AND REASON
directive issued by the Commissioner under subsection (1) may
appeal to the High Court within 7 days of the directive. The object of this Bill is to amend the Anti-Corruption Act
(Act No. 12 of 2008) to–
(3) A party to a contract who fails to comply with the
directive issued by the Commissioner under subsection (1) commits (a) increase penalties for offences under the Act;
an offence and shall be liable on conviction –
(b) strengthen protection of those who assist the
Commission;