- How must allegations of bribery or corruption be brought to the Commission?
A person who has reasonable grounds to believe that a person in public life or a prescribed officer has committed an act of bribery or corruption under the Act may make a complaint to the Commission and shall provide all available information to the Commission.
- How should a complaint be made to the Commission?
A person who has reasonable grounds to believe that a person in public life has breached any provision of the Act may make a complaint to the Commission. The complaint should state the following:
- the particulars of the breach;
- the particulars, as far as they are known, of the person against whom the complaint is made; and
- the nature of the evidence that the complainant proposes to produce in respect of the complaint;
- If the Commission does not reject the complaint, what does the Commission do?
If the Commission determines that the complaint is not frivolous and that it is within its jurisdiction, it shall institute an inquiry into the matter. The Commission may request the police to provide assistance. The inquiry is required to be held in private for the taking of evidence and the hearing of arguments. The person making the complaint and the person against whom the complaint is being made are entitled to be represented by their Attorneys at the Inquiry.
At the conclusion of the inquiry the Commission must submit a report to the Director of Public Prosecutions (DPP) and the President. In keeping with his constitutional prerogatives, the DPP will decide whether to institute criminal proceedings and shall inform the Commission and the President in writing about the action taken on the report.
- When does a person in public life who is complained against have to be informed that a complaint has been made against him?
When a complaint is sent to the Commission under section 31, the Commission shall examine the complaint to determine whether it is in accordance with the Act. Under section 32, the Commission shall reject it if it is of the opinion that it is frivolous or that it does not pertain to a matter that the Commission is empowered to deal with under the Act. At this stage the person complained against shall be informed that a complaint was lodged against him. Under the section 33 stage of examination if the Commission is of the view that investigation is necessary it shall inquire into the matter. The complainant and the person in public life against whom any inquiry is held under that section are entitled to notice of the proceedings of the inquiry.