FRIDAY, DECEMBER 9, 2022 | INTEGRITY COMMISSION 2022 FEATURE 15 POWERS OF THE DI Pursuant to the following Sections of the ICA, the DI shall have the power to: Summon and examine witnesses under oath, compel the production of documents or any other information, and do all such things which are necessary for the purposes of conducting investigations (Section 45); Require the assistance of any person who is the subject of an investigation or any other person who in the opinion of the DI is able to give assistance in relation to a matter under investigation (Section 48) To be advised by Accounting Officers of the award of all matters relating to the government (Section 51) To investigate matters relating to government contracts and prescribed licences (Section 52) To enter public or private property with or without a warrant, respectively for the purpose of conducting investigations under the Act RIGHTS OBLIGATIONS OF PERSONS CONCERNED WITH INVESTIGATIONS In keeping with the provisions of the ICA, a person, for the purpose of an investigation has the following rights and obligations: An obligation to assist the DI in the conduct of investigations by providing information when required to do so (Section 48) An obligation not to mislead the DI An obligation not to obstruct or otherwise hinder the DI in the conduct of investigations The right to legal representation The right to not self-incriminate OFFENCES Offences pursuant to Section 43 of the ICA in respect of Investigations include: Failure to file a Statutory Declaration- Failure without reasonable cause, to submit a statutory declaration which is required - Section 43(1)(a) Failure to provide information- The failure without reasonable cause to provide any information as the Director of Information and Complaints may require - (Section 43)(1)(b) Failure to attend an enquiry- The failure without reasonable cause to attend an inquiry being conducted by the Director of Investigation - (Section 43)(1)(c) Knowingly making false statement - Knowingly making a false statement in a statutory declaration - (Section 43)(2)(a) PERJURY Knowingly gives false information. A person who knowingly gives false information at an inquiry being conducted by the Director of Investigation (Section 43)(2)(b) SIGNIFICANT ACHIEVEMENTS- MAY 2020 TO DATE Over 78 Investigation Reports have been tabled in Parliament 120 matters have been referred to the Director of Corruption Prosecution All matters in which prosecutions were initiated were successful 106 recommendations were made to and accepted by public bodies through the Division’s sustained monitoring activities of public procurement, prescribed licences and asset divestment Certain Public Bodies have effected changes to their operating polices based on recommendations made in Investigation Reports Digitization of the Annual Contracts Cost Overruns and Variations Report (ACCOVR) to allow for online submission of data. Launch of the Prescribed Licences Information Database (PLID) platform which will allow for the online submission of government license information The implementation of Monitoring Frameworks for asset divestment/acquisition, prescribed licences and government procurement contracts The implementation of an Investigation Policy and Core Investigation Doctrines. WHAT CAN YOU DO TO AVOID BECOMING CULPABLE? Become au afait with the relevant laws, rules and procedures which govern public administration. Request, and follow when prudent to do so, the opinion and expert advice of technocrats. Ensure that when conducting public functions there are no conflicts of interest involved and if so – declare any potential conflict of interest situation and recluse yourself (always be guided by government policy and procedures in this regard). When in doubt, request the opinion and advice of other persons/ entities which possess the required expertise such as the Office of Public Procurement Policy in the Ministry of Finance, the Public Procurement Commission and/or the Integrity Commission. WHAT DOES AN INVESTIGATION ENTAIL? The DI investigates: Complaints referred to him by the Director of Information and Complaints; the Board or Parliament which involves: An act of corruption; and/or Non-compliance with the ICA. The DI may also initiate investigations on his own initiative. COMPLAINT / REFERRAL NO ACTION CHANGES IN POLICY & LAW ADMINISTRATIVE SANCTIONS PROSECUTION Assessment conducted in accordance with Sec 47 of the ICA Execution of investigative actions to include: Dispatch of Sec. 48 Notices, Interviews, Hearing, Searches, Unannounced Visits, Verification etc. PRELIMINARY ENQUIRY NO FURTHER ACTION INVESTIGATION INITIATED REPORT OF FINDINGS Board; Director of Information & Complaints; Parliament; Member of Public; Competent Authority Submission of draft report to Board of Commissioners Referral of Findings to Director of Corruption Prosecution HOW IS IT DONE? (THE INVESTIGATION PROCESS)
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