Anti-Corruption Act

Section Interpretation Section In this Act, unless the context otherwise requires— “ agent ” means a person employed by or acting for another, and includes a trustee, an administrator or an executor, and a person employed in the public service or under a corporation or a public body , and for the purposes of section 5 includes a subcontractor and a person who is employed by or acting for a subcontractor; “ authorised officer ” means a police officer not below the rank of Assistant Inspector of Police authorised in writing by the Inspector General of Police or an inspectorate officer authorised in writing by the Inspector General of Government or a State Attorney authorised in writing by the Director of Public Prosecutions; “ confiscation ” includes forfeiture and where applicable, means the permanent deprivation of property by order of court; “ confiscation order ” means a confiscation order referred to in section 66 ; “ corruptly ” means purposely doing an act, which tends to corrupt, or influence a person to do an act or omission contrary to established procedures; “ currency point ” has the value assigned to it in the Schedule to this Act; “ gratification ” includes— (a) money o...

Section Abuse of office Section Any person who, being employed in a public body or a company in which the Government has shares, does or directs to be done an arbitrary act prejudicial to the interests of his or her employer or of any other person, in abuse of the authority of his or her office, commits an offence and is liable, on conviction, to a fine not exceeding one hundred sixty-sight currency points or to imprisonment for a term not exceeding seven years, or both. Where a person is convicted of an offence under subsection (1) and the act constituting the offence was done for the purposes of gain, the court shall, in addition to any other penalty it may impose, order that anything received as a consequence of the act, be forfeited to the Government.

Section Sectarianism Section Any person who being the holder of an office does any act in connection with the office for the purpose of doing a favour or offering undue advantage to any person on the basis of the religion or sect, ethnic group or place of origin of that person, commits an offence.

Section Nepotism Section Any person who being the holder of an office does any act in connection with the office for the purpose of doing favours to any person on the basis of blood relations between that person and that other person, commits an offence.

Section Officers charged with administration of property of special character, etc. Section Where a person who is employed in the public service is charged by virtue of his or her employment with any judicial or administrative duties in respect of property of a special character or in respect of the carrying on of any manufacture, trade or business— acquires or holds directly or indirectly a private interest in that property , manufacture, trade or business; or discharges any of his or her duties in respect of property , manufacture, trade or business in which he or she has the interest or in respect of the conduct of any person in relation to the property , manufacture, trade or business,

Section Unauthorised administration of oaths Section Any person who administers an oath or takes a solemn declaration or an affirmation or an affidavit, touching any matter with respect to which he or she has not by law any authority to do so, commits an offence and is liable, on conviction, to a fine not exceeding forty-eight currency points, or to imprisonment for a tenn not exceeding two years, or both. This section shall not apply to an oath, a declaration, an affirmation or an affidavit administered by or taken before a magistrate or a justice of the peace in any matter relating to the preservation of the peace or the punishment of offences or relating to inquiries respecting sudden deaths, nor to an oath, a declaration, an affirmation or an affidavit administered or taken for some purpose which is lawful under the laws of another country, or for the purpose of giving validity to an instrument in writing which is intended to be used in another country.

Section False assumption of authority Section Any person who— not being a judicial officer, assumes to act as a judicial officer; without authority assumes to act as a person having authority by law to administer an oath or take a solemn declaration or affirmation or affidavit or to do any other act of a public nature which can only be done by persons authorised by law to do so; or represents himself or herself to be a person authorised by law to sign a document testifying to the contents of any register or record kept by lawful authority, or testifying to any fact or event, and signs such document as being authorised, when he or she is not, and knows that he or she is not authorised,

Section Personating public officials Section Any person who— personates a public official on an occasion when the latter is required to do any act or attend in any place by virtue of his or her employment; or falsely represents himself or herself to be a public official and assumes to do any act or to attend in any place for the purpose of doing any act by virtue of being a public official,

Section Threat of injury to persons employed in public service Section Any person who holds out a threat of injury to any person employed in the public service or to a person he or she believes is employed in the public service, for the purpose of inducing that person who is employed in the public service to do any act or to forbear or delay to do any act connected with the exercise of the public functions of that person employed in the public service, commits an offence and is liable, on conviction, to a fine not exceeding seventy currency points or to imprisonment for a term not exceeding three years, or both.

Section Embezzlement Section Any person who being— an employee, a servant or an officer of the Government or a public body ; a director, an officer or an employee of a company or a corporation; a clerk or servant employed by any person, association or religious or other organisation; a member of an association or a religious organisation or other organisation, steals a chattel, money or valuable security— being the property of his or her employer, association, company, corporation, person or religious organisation or other organisation; received or taken into possession by him or her for or on account of his or her employer, association, company , corporation, person or religious organisation or other organisation; or to which he or she has access by virtue of his or her office,

Section Causing financial loss Section Any person who does or fails to do any act knowing or having reason to believe that the act or omission will cause financial loss to the Government, a bank , a credit institution, an insurance company or a public body commits an offence and is liable, on conviction, to a fine not exceeding three hundred thirty-six currency points or to imprisonment for a term not exceeding fourteen years, or both. In this section— “ bank ” and “credit institution” have the meanings assigned to them by the Financial Institutions Act; “ company ” means a company incorporated under the Companies Act; and “ insurance company ” means an insurance company within the meaning of section 6 of the Insurance Act.

Section Corruption Section A person commits the offence of corruption if he or she does any of the following acts— the solicitation or acceptance, directly or indirectly, by a public official, of any goods of monetary value, or benefits, such as a gift, favour, promise, advantage or any other form of gratification for himself or herself or for another person or entity, in exchange for any act or omission in the performance of his or her public functions; the offering or granting, directly or indirectly, to a public official, of any goods of monetary value, or other benefit, such as a gift, favour, promise or advantage or any other form of gratification for himself or herself or for another person or entity, in exchange for any act or omission in the performance of his or her public functions; the diversion or use by a public official, for purposes unrelated to those for which they were intended, for his or her own benefit or that of a third party, of any movable or immovable property , money or securities belonging to the State, to an independent agency, or to an individual, which that official has received by virtue of his or her position for purposes of administration, custody or...

Section Fraudulent disposal of trust property Section For the purposes of this section, the term “trustee” means the following persons and no others— Any person who, being a trustee of any property , destroys the property with intent to defraud or who with intent to defraud converts the property to any use not authorised by the trust, commits an offence and is liable, on conviction, to a fine not exceeding one hundred sixty currency points or to imprisonment for a term not exceeding seven years, or both. a trustee upon an express trust created by a deed, will or instrument in writing, whether for a public or private or charitable purpose; a trustee appointed by or under the authority of a written law for any such purpose described in paragraph (a) ; a person upon whom the duties referred to in paragraph (a) and (b) devolve; an executor and an administrator.

Section Dealing with suspect property Section For the purposes of subsection (1) , a person deals with property if that person— Any person who deals with property that he or she believes or has reason to believe was acquired as a result of an offence under this Act commits an offence and is liable, on conviction, to a fine not exceeding one hundred sixty currency points or to imprisonment for a term not exceeding seven years, or both. holds, receives or conceals the property ; enters into a transaction in relation to the property or causes such a transaction to be entered into; or removes the property from the jurisdiction of court for the purpose of assisting any person to avoid confiscation of that property .

Section False accounting by public officer Section Any person who, being an officer charged with the receipt, custody or management of any part of the public revenue or property , knowingly furnishes any false statement or return of money or property received by him or her or entrusted to his or her care, or of any balance of money or property in his or her possession or under his or her control, commits an offence and is liable, on conviction, to a fine not exceeding seventy-two currency points or to imprisonment for a term not exceeding three years, or both.

Section Fraudulent false accounting Section Any person who, being a clerk or servant, or being employed or acting in the capacity of a clerk or servant, does any of the following acts with intent to defraud— destroys, alters, mutilates or falsifies any book, document, valuable security or account which belongs to or is in the possession of the employer of that person, or has been received by him or her on account of that employer, or entry in that book, document or account, or is privy to any such act; makes or is privy to making any false entry in any book, document or account; or omits or is privy to omitting any material particular from any such book, document or account,

Section False claims by officials Section Any person who, being employed in the public service in such a capacity as to require him or her or to enable him or her to furnish returns or statements touching any sum payable or claimed to be payable to himself or herself or to any other person, or touching any other matter required to be certified for the purpose of any payment of money or delivery of goods to be made to any person, makes a return or statement touching any matter which is to his or her knowledge false in any material particular, commits an offence and is liable, on conviction, to a fine not exceeding seventy-two currency points or to imprisonment for a term not exceeding three years, or both.

Section False certificates by public officers Section Any person who, being authorised or required by law to give a certificate touching a matter that may affect or prejudice the rights of any person, gives a certificate which is, to his or her knowledge, false in any material particular, commits an offence and is liable, on conviction, to a fine not exceeding seventy-two currency points or to imprisonment for a term not exceeding three years, or both.

Section Corrupt transactions with agents Section Any person who— being an agent , corruptly accepts or obtains, or agrees to accept or attempts to obtain, from any person, for himself or herself or for any other person, any gratification as an inducement or reward for doing or forbearing to do, or for having done or forborne to do, any act in relation to his or her principal ’s affairs or business, or for showing or forbearing to show favour or disfavour to any person in relation to his or her principal ’s affairs or business; corruptly gives or agrees to give or offers any gratification to any agent as an inducement or reward for doing or forbearing to do, or for having done or forborne to do any act in relation to his or her principal ’s affairs or business, or for showing or forbearing to show favour or disfavour to any person in relation to his or her principal ’s affairs or business; knowingly gives to an agent , or if an agent knowingly uses, with intent to deceive his or her principal , any receipt, account or other document in respect of the principal ’s affairs or business which contains any statement which is false or erroneous or defective in any material particular, and...

Section Corruptly procuring tenders Section Any person— A public official, who provides any information relating to a tender for— who, with intent to obtain from any public body a contract for performing any work, providing any service, doing anything or supplying any article, material or substance, offers any gratification to any person who has made a tender for the contract, as an inducement or a reward for his or her withdrawing the tender; or who solicits or accepts any gratification as an inducement or reward for his or her withdrawing a tender made by him or her for such contract, performing any works; providing any service; or supplying any article, material or substance,

Section Bribery of public official Section A person who— directly or indirectly by himself or herself or through any other person offers, confers, gives or agrees to offer any gratification to any member of a public body an inducement or reward so that the member— votes or abstains from voting at any meeting of that public body in favour of or against any measure, resolution or question submitted to that public body ; performs, or abstains from performing his or her duty in procuring, expediting, delaying, hindering or preventing the performance of any official act; or aids in procuring or preventing the passing of any vote or the granting of any contract or advantage in favour of any person; or being a member as is referred to in paragraph (a) directly or indirectly solicits or accepts any gratification for himself or herself or for any other person, by himself or herself, or through any other person, as an inducement or reward for any act or abstaining from performing any act, referred to in paragraph (a) (i) , (ii) and (iii) ,

Section Diversion of public resources Section Any person who converts, transfers or disposes of public funds for purposes unrelated to the purpose for which the resources were intended, for the benefit of that person or of a third party, commits an offence.

Section Payment of compensation to aggrieved party Section Where a person is convicted of an offence under section 6 , the court shall, in addition to the punishment imposed under section 26 , order that person to pay by way of compensation to the aggrieved party, such sum as in the opinion of the court is just, having regard to the loss suffered by the aggrieved party. An order made under subsection (1) shall be deemed to be a decree under section 25 of the Civil Procedure Act and shall be executed in the manner provided under section 38 of the Civil Procedure Act.

Section Influence peddling Section A person who does or omits to do an act in contravention of established principles or procedure as a result of improper influence, for the benefit of that person or of a third party, commits an offence.

Section Loss of public property Section Where loss of public property results from an act or omission done by a person knowing or having reason to believe that, the act or omission will cause loss of public property , that person commits an offence and is liable, on conviction, to a fine not exceeding two hundred forty currency points or to imprisonment for a term not exceeding ten years, or both. A public official who by an act or omission directly or indirectly causes or allows damage or loss to occur to any public property placed in the custody of that public official, possession or control, commits an offence and is liable, on conviction, to a fine not exceeding seventy-two currency points or to imprisonment for a term not exceeding three years, or both. Apublic official who knowingly misuses or allows public property entrusted to his or her care to be misused, abused or left unprotected, commits an offence and is liable, on conviction, to a fine not exceeding seventy-two currency points or to imprisonment for a term not exceeding three years, or both. In addition to any other penalty imposed upon conviction on a person referred to in subsection (1) , (2) or (3) , the court may...

Section Punishment for offences under sections 2, 3, 4, 5, 6, 8, 11 and 12 Section Any person convicted of an offence under sections 2 , 3 , 4 , 5 , 6 , 8 , 11 and 12 is liable, on conviction, to a fine not exceeding two hundred forty currency points or to imprisonment for a term not exceeding ten years, or both. Notwithstanding subsection (1) , a person convicted of an offence under section 2 or 3 is, where the matter or transaction in relation to which the offence was committed was a contract or a proposal for a contract with any public body or a subcontract to execute any work comprised in such a contract, is liable, on conviction, to a fine not exceeding two hundred eighty­eight currency points or to imprisonment for a term not exceeding twelve years, or both.

Section Penalty to be imposed in addition to other punishment Section Where a person is convicted of an offence committed by the acceptance of any gratification in contravention of any provision of this Act, then, if that gratification is a sum of money or if the value of that gratification can be assessed, the court shall, in addition to imposing on that person any other punishment, order him or her to pay as a penalty, within such time as may be specified in the order, a sum which is equal to the amount of the gratification or is, in the opinion of the court, the value of that gratification , and any such penalty shall be recoverable as a fine.

Section Principal may recover amount of secret gift Section Where any gratification has, in contravention of this Act, been given by any person to an agent , the principal may recover as a civil debt the amount or the money value of the gratification either, from the agent or from the person who gave the gratification to the agent , and no conviction or acquittal of the accused person in respect of an offence under this Act shall operate as a bar to proceedings for the recovery of the amount or money value. Nothing in this section shall prejudice or affect any right which a principal has under any written law or rule of law to recover from his or her agent any money or property .

Section Acceptor of gratification to be guilty notwithstanding that purpose not carried out, etc. Section Where, in any proceedings against an agent for any offence under section 3(a) , it is proved that the agent corruptly accepted, obtained or agreed to accept or attempted to obtain any gratification having reason to believe or suspect that the gratification was offered as an inducement or reward for his or her doing or forbearing to do any act or for showing or forbearing to show any favour or disfavour to any person in relation to the affairs or business of the principal , the agent commits an offence under that section notwithstanding that he or she did not have the power, right or opportunity to do so, show or forbear or that he or she accepted the gratification without intending to do so, show or forbear or that he or she did not in fact do so, show or forbear or that the act, favour or disfavour was not in relation to the affairs or business of the principal . Where, in any proceedings against a person for an offence under section 3(b) , it is proved that the person corruptly gave, agreed to give or offered any gratification to an agent as an inducement or reward for doing...

Section Evidence of pecuniary resources or property Section In a trial by a court for an offence under this Act, the fact that an accused person is in possession, for which he or she cannot satisfactorily account, of pecuniary resources or property disproportionate to the accused person’s known sources of income, or that the accused person had, at or about the time of the alleged offence, obtained an accretion of his or her pecuniary resources or property for which he or she cannot satisfactorily account, that fact may be proved and may be taken into consideration by the court as corroborating the testimony of any witness in the trial or inquiry that the accused person accepted or obtained or agreed to accept or attempted to obtain any gratification and as showing that the gratification was accepted or obtained or agreed to be accepted or attempted to be obtained corruptly as an inducement or reward.

Section Illicit enrichment Section The Inspector General of Government or the Director of Public Prosecutions or an authorised officer , may investigate or cause an investigation of any person where there is reasonable ground to suspect that the person— maintains a standard of living above that which is commensurate with his or her current or past-known sources of income or assets; or is in control or possession of pecuniary resources or property disproportionate to his or her current or past-known sources of income or assets. Any person found in possession of illicitly acquired pecuniary resources or property commits an offence and is liable, on conviction, to a fine not exceeding two hundred forty currency points or to imprisonment for a term not exceeding ten years, or both. Where a court is satisfied in any proceedings for an offence under subsection (2) that having regard to the closeness of his or her 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 resources or property as gift or loan without adequate con...

Section Evidence of accomplice Section Notwithstanding any rule of practice or written law to the contrary, no witness in a trial by a court of an offence under this Act shall be regarded by the court as being unworthy of credit by reason only of any payment or delivery by him or her or on his or her behalf of any gratification to an agent or member of a public body .

Section Special investigation powers of Inspector General of Government and Director of Public Prosecutions Section Notwithstanding anything in any other law except the Constitution, the Inspector General of Government or the Director of Public Prosecutions, if satisfied that there is a reasonable ground for suspecting that an offence under this Act has been committed by a person, may by order authorise a police officer of or above the rank of Assistant Superintendent of Police or an inspectorate officer named in the order or a special investigator named in the order to investigate any bank account, share account or purchase account of that person and that authority shall be sufficient warrant for the production of the accounts and documents, as may be required for scrutiny by the officer authorised in the order. Any person who fails to disclose the information required to be disclosed by him or her under subsection (1) to a person authorised in an order under that subsection, commits an offence and is liable, on conviction, to a fine not exceeding seventy-two currency points or to imprisonment for a term not exceeding three years, or both.

Section Court to restrict disposal of assets or bank accounts of accused, etc. Section A court may, upon application by the Director of Public Prosecutions or the Inspector General of Government, issue an order placing restrictions as they appear to the court to be reasonable, on the operation of any bank account of the accused person or a person suspected of having committed an offence or any person associated with such an offence or on the disposal of any property of the accused person, the suspected person or a person associated with the offence or the suspected person for the purpose of ensuring the payment of compensation to any victim of the offence or otherwise for the purpose of preventing the dissipation of any money or other property derived from or related to an offence under this Act. A restriction imposed under subsection (1) on the operation of the bank account of a person shall be limited to the amount which is necessary to compensate the victim of the offence or an amount not exceeding the amount involved in the commission of the offence whichever is higher; and any money in the account in excess of that amount shall continue to be at the disposal of the person to w...

Section Payment of compensation out of resources of convicted person Section Where it is proved to the satisfaction of the court that a principal whose agent has been convicted of an offence under this Act has suffered loss as a result of the commission of the offence, the court may order any sums standing to the credit of the convicted person or any property which the court is satisfied was acquired directly from any gratification obtained by the agent to be applied in making good the loss; and in the case of property which is not money, the court may order the sale of the property and the proceeds of sale paid to the principal . Any money remaining from the proceeds of sale of property after payment to the principal of any loss under subsection (1) shall be refunded to the convicted person. Any transfer of any property contrary to any restriction imposed under section 34 is void and, in particular, the court may by order set aside any transaction aimed at defeating the purposes of subsection (1) . Any person who obstructs the implementation of the order of a court under subsection (1) or (3) commits an offence and is liable, on conviction, to a fine not exceeding one hundred fift...

Section Powers of Inspector General of Government and Director of Public Prosecutions, to order inspection of documents Section The Inspector General of Government or the Director of Public Prosecutions may, if satisfied that any evidence of the commission of an offence under this Act by a person employed by a public body is likely to be found in any document relating to that person, his or her spouse or child or to a person reasonably believed by the Inspector General of Government or the Director of Public Prosecutions to be a trustee or agent for that person, by order, authorise any police officer of or above the rank of Assistant Superintendent of Police or an inspectorate officer named in the order or any special investigator named in the order to inspect the document. A police officer, an inspectorate officer or special investigator authorised under subsection (1) may, at a reasonable time, enter the place specified in the order and inspect the document referred to in subsection (1) kept in that place and may take copies of the documents.

Section Orders of search and seizure Section If it is shown to a judge, chief magistrate, a magistrate grade I, the Inspector General of Government or the Director of Public Prosecutions, upon information and after such inquiry as he or she thinks necessary, that there is reasonable cause to believe that there is, in any place a document containing evidence of the commission of an offence under this Act, the judge, chief magistrate, magistrate grade I, the Inspector General of Government or the Director of Public Prosecutions may, by warrant, directed to an inspectorate officer or a police officer, or a special investigator , empower a police officer, inspectorate officer or special investigator to enter the place by force, if necessary and search for, seize and detain that document. Where it appears to a police officer not below the rank of Assistant Superintendent of Police, or an inspectorate officer , or special investigator that there is reasonable cause to believe that there is concealed or deposited in any place any document containing evidence of the commission of an offence under this Act and the police officer, inspectorate officer or special investigator , has reasonable...

Section Duty to give information Section Notwithstanding any law, a person from whom a police officer or special investigator requires information under this Act shall be under a duty to give the police officer or special investigator the information which is in his or her possession or knowledge. Any person who fails to give the information required under subsection (1) commits an offence and is liable, on conviction, to a fine not exceeding two hundred forty currency points or to imprisonment for a term not exceeding three years, or both.

Section Obstruction of search, etc. Section Any person who— refuses a police officer or special investigator , authorised to enter or search, access to a place; assaults, obstructs, hinders or delays a police officer or special investigator in effecting any entrance which he or she is entitled to effect under this Act, or in the execution of any duty imposed or power conferred by this Act; fails to comply with a lawful demand of a police officer or special investigator in the execution of his or her duty under this Act; or refuses or neglects to give a police officer or special investigator any information which may reasonably be required of him or her and which he or she has in his or her power to give,

Section Obstruction of investigations Section Any person who, with the intent to conceal an offence or frustrate the investigation of a suspected offence of corruption under this Act— destroys, alters, mutilates or falsifies any book, document, valuable security, account, computer system, diskette, computer printout or other electronic device which belongs to or is in the possession of his or her principal , or was received by him or her on account of his or her employment, or any entry in any such book, document, account or electronic device; makes or is privy to making any false entry in a book, document, account or electronic record referred to in paragraph (a) ; or omits, or is privy to omitting, any material particular from any book, document, account or electronic record referred to in paragraph (a) ,

Section Powers of Director of Public Prosecutions and Inspector General of Government to obtain information Section In the course of an investigation or proceedings into or relating to an offence by any person employed by any public body under this Act, the Director of Public Prosecutions or the Inspector General of Government may, notwithstanding anything in any other written law to the contrary, by written notice— require that person to furnish a sworn statement in writing enumerating all movable or immovable property belonging to or possessed by the person and by the spouse, sons and daughters of the person, and specifying the date on which each of the properties enumerated was acquired whether by way of purchase, gift, bequest, inheritance or otherwise; require that person to furnish a sworn statement in writing of any money or other property sent out of Uganda by him or her during such period as may be specified in the notice; require any other person to furnish a sworn statement in writing enumerating all movable or immovable property belonging to or possessed by that person where the Director of Public Prosecutions has reasonable grounds to believe that the information can a...

Section Evidence and defence of custom Section In proceedings under this Act, evidence shall not be admissible to show that the gratification mentioned in this Act is customary in any profession, trade, social occasion, vocation or calling or in the course of any particular business transaction. It shall not be a defence to an offence under this Act to establish that any gratification mentioned in this Act is customary in any profession, trade, social occasion, vocation or calling, or in the course of any particular business transaction or social occasion.

Section Duty to arrest Section A person who is employed by a public body or a private body to whom any gratification r corruptly given or offered, shall arrest or cause the arrest of, or report the person who gives or offers the gratification to a police officer or an inspectorate officer . Any person who fails to comply with subsection (1) without reasonable excuse commits an offence and is liable, on conviction, to a fine not exceeding forty-eight currency points or to imprisonment for a term not exceeding two years, or both.

Section Protection of informers Section Except as provided in this section, information in relation to an offence under this Act shall not be admitted in evidence in any civil or criminal proceeding, and no witness shall be obliged or permitted to disclose the name or address of any informer, or state any matter which might lead to his or her discovery. If a book, a paper or other document, or a visual or a sound recording, or other matter or material which is given in evidence or liable to inspection in any civil, criminal or other proceedings in court or other authority as referred to in subsection (1) , contains an entry or other matter in which the informer is named or described or shown, or which might lead to his or her discovery, the court before which the proceedings are held shall cause all those parts of them or passages from them to be concealed from view or to be obliterated or otherwise removed so far as is necessary to protect that person from discovery. If on a trial for any offence under this Act, the court, after full inquiry into the case, is of the opinion that the informer wilfully made in his or her complaint a material statement which he or she knew or believe...

Section Penalty for giving false information Section Any person who gives information knowing that the information is false or which he or she believes to be false, intending to cause or knowing it to be likely that he or she will by giving the information cause an investigation or prosecution to be commenced under this Act, commits an offence and is liable, on conviction, to— a fine not exceeding one hundred twenty currency points or to imprisonment for a term not exceeding five years, or both; and compensate the person in respect of whom an investigation or a prosecution under this Act is commenced as in the opinion of the court is just, having regard to all the circumstances; and any such order shall be deemed to be a decree and may be executed in the manner provided by the Civil Procedure Act. Nothing in this section shall prevent proceedings to recover damages by any person being instituted in a civil court, but at the time of awarding damages in a subsequent civil suit relating to the same matter, the court shall take into consideration any sum paid or recovered as compensation awarded under subsection (1) .

Section Disqualification Section A person who is convicted of an offence under section 2 to section 25 shall be disqualified from holding a public office for a period of ten years from his or her conviction.

Section Protection of persons acting in pursuance of Act Section An act, matter or thing done or omitted by a person authorised by this Act to perform the duty or exercise a function shall not, if the act, matter or thing was done or omitted in good faith, render the person personally liable to any action, liability, claim or demand.

Section Invalidity of appointment as bar to prosecution Section A person shall not be exempt from prosecution under this Act by reason of the invalidity of his or her appointment, nomination or election to his or her office.

Section Prosecution of offences Section A prosecution under this Act shall not be instituted except by or with the consent of the Director of Public Prosecutions or the Inspector General of Government; but a person charged with such an offence may be arrested, or a warrant for his or her arrest may be issued and executed, and the person may be detained or released on police bond, notwithstanding that the consent of the Director of Public Prosecutions or the Inspector General of Government, to the institution of a prosecution for the offence has not been obtained, but no further or other proceedings shall be taken until that consent has been obtained.

Section Appointment of special investigators Section Where the Inspector General of Government or the Director of Public Prosecutions considers it necessary for the purposes of an investigation under this Act, he or she may appoint any person who, in his or her opinion, possesses the necessary skill or experience to be a special investigator . A special investigator shall be appointed for the purpose of conducting special investigations in a specified case and his or her remuneration shall be charged to the operational funds of the Inspector General of Government or the Director of Public Prosecutions in accordance fVith the financial regulations governing the procurement of specialised services, for the time being in force. A certificate signed by the Inspector General of Government or the Director of Public Prosecutions shall be issued to a special investigator and shall be evidence of his or her appointment for the purposes of this Act.