Following the appointment of ministers, deputy ministers and directors, the Anti-Corruption Commission has called on all newly appointed/ elected and former public officials for assets and income declaration. The ACC stated the following on their press release:
The Anti-Corruption Commission (ACC) wishes to remind all newly appointed/elected and former Public Officers that Section 119 (1) of the Anti-Corruption Act 2008 as repealed and replaced by Section 9 (a) of the Anti-Corruption (Amendment) Act, 2019, requires them to declare their income, assets and liabilities to the Commission When taking office AND When exiting office respectively.
According to this Section, any person, shall “…within three months of becoming a public officer, deposit with the Commission a declaration of his income, assets and liabilities and thereafter in every two years that he is public officer, but not later than 31st March of that second year, deposit further declaration of his income, assets and liabilities and also while leaving office.”
Furthermore, Section 119 (3), which is repealed and replaced by Section 9 (a) of the Anti-Corruption (Amendment) Act, 2019, provides that “In the case of every person who ceases to be a public officer, not later than three months from the date on which he ceases to be a public officer, except where extended by the Commissioner in writing, he shall file in respect of his assets, income and liabilities covering the period from the date of his last declaration to the date on which he is required by this sub-section to furnish a declaration.’’
Public Officers and former Public Officers are therefore further reminded of Section 122 (a) of the Anti-Corruption Act 2008 as amended by the Anti-Corruption (Amendment) Act, 2019, which stipulates that; it is an offence if a Public Officer fails to declare his/her assets, and upon conviction will pay a fine of not less than Twenty Million (Old) Leones (Le20, 000,000) or imprisonment for a term not less than one year or to both such fine and imprisonment.
The Commission is therefore URGING all serving Public Officers and former Public Officers who have not deposited their Assets Declaration Forms with the ACC to do so immediately, failing which the Commission will, after the stipulated deadlines, invoke the penal provisions of the Act or other measures that will ensure FULL compliance, which shall include a directive to withhold their Salaries, Benefits and/or Criminal Prosecution.