Section 2: Interpretation

2. Interpretation In this Act— “act of corruption”— (a) means an act which constitutes a corruption offence; and (b) includes— (i) any conduct whereby, in return for a gratification, a person does or neglects from doing an act in contravention of his public duties; (ii) the offer, promise, soliciting or receipt of a gratification as an inducement or reward to a person to do or not to do any act, with a corrupt intention; (iii) the abuse of a public or private office for private gain; (iv) an agreement between 2 or more persons to act or refrain from acting in violation of a person’s duties in the private or public sector for profit or gain; [Issue 4] P24 – 2 Revised Laws of Mauritius (v) any conduct whereby a person accepts or obtains, or agrees to accept or attempts to obtain, from any person, for himself or for any other person, any gratification for inducing a public official, by corrupt or illegal means, or by the exercise of personal influence, to do or abstain from doing an act in the exercise of his duties to show favour or disfavour to any person; “agent”— (a) means any person employed by or acting for another person; (b) includes a member or an officer of a public body, a trustee, a subcontractor, and any person employed by or acting for such trustee or subcontractor; “associate”, in relation to a person, means— (a) a person who is a nominee or an employee of that person; (b) a person who manages the affairs of that person; (c) a firm of which that person, or his nominee, is a partner or a person in charge or in control of its business or affairs; (d) a company in which that person, or his nominee, is a director or is in charge or in control of its business or affairs, or in which that person, alone or together with his nominee, holds a controlling interest, or shares amounting to more than 30 per cent of the total issued share capital; or (e) the trustee of a trust, where— (i) the trust has been created by that person; or (ii) the total value of the assets contributed by that person to the trust at any time, whether before or after the creation of the trust, amounts, at any time, to not less than 20 per cent of the total value of the assets of the trust; “bank”— (a) has the same meaning as in the Banking Act; and (b) includes any person licensed under the Banking Act to carry on deposit taking business; “Board” means the Board referred to in section 19 (3); “cash dealer” has the same meaning as in the Banking Act; “Commission” means the Independent Commission against Corruption established under section 19; “Corruption Investigation Division” means the Corruption Investigation Division set up under section 28; “corruption offence” means an offence under Part II or under such other enactment as the Prime Minister may prescribe; P24 – 3 [Issue 1] Prevention of Corruption Act “Corruption Prevention and Education Division” means the Corruption Prevention and Education Division set up under section 28; “crime”— (a) has the same meaning as in the Criminal Code; (b) includes an activity carried out outside Mauritius and which, had it taken place in Mauritius, would have constituted a crime; (c) includes any act or omission occurring outside Mauritius, but which, had it taken place in Mauritius, would have constituted a crime; “Director-General” means the person appointed under section 19 (4); “Director of the Corruption Investigation Division” means the person appointed as such under section 29; “Director of the Corruption, Preventio the Criminal Code; (b) includes an activity carried out outside Mauritius and which, had it taken place in Mauritius, would have constituted a crime; (c) includes any act or omission occurring outside Mauritius, but which, had it taken place in Mauritius, would have constituted a crime; “Director-General” means the person appointed under section 19 (4); “Director of the Corruption Investigation Division” means the person appointed as such under section 29; “Director of the Corruption, Prevention and Education Division” means the person appointed as such under section 30; “financial institution” means an institution or person regulated by— (a) the Financial Services Act; (b) the Immigration Act in so far as it relates to section 5A; (c) the Insurance Act; (d) the Securities (Central Depository, Clearing and Settlement) Act; (e) the Securities Act; (f) the Trusts Act; and (g) the Unit Trust Act; “financial year” means the period of 12 months ending on 30 June in any year; “FIU” means the Financial Intelligence Unit established under the Financial Intelligence and Anti-Money Laundering Act; “Government company” means a company registered under the Companies Act and in which the Government of Mauritius— (a) directly or indirectly or through any other corporate body, owns or controls not less than 50 per cent of the entire share capital; or (b) by reason of its financial input through loans, debentures or otherwise, or by reason of the presence of its representatives on the Board of Directors, is in a position to influence its policy or decisions; “gratification”— (a) means a gift, reward, discount, premium or other advantage, other than lawful remuneration; and [Issue 1] P24 – 4 Revised Laws of Mauritius (b) includes— (i) a loan, fee or commission consisting of money or of any valuable security or of other property or interest in property of any description; (ii) the offer of an office, employment or other contract; (iii) the payment, release or discharge of a loan, obligation or other liability; and (iv) the payment of inadequate consideration for goods or services; (c) the offer or promise, whether conditional or unconditional, of a gratification; “Legal Division” means the Legal Division set up under section 28; “member of a relevant profession or occupation” has the same meaning as in the Financial Intelligence and Anti-Money Laundering Act; “Minister” means the Minister to whom responsibility for the subject of corruption is assigned; “money laundering offence” means an offence under Part II of the Financial Intelligence and Anti-Money Laundering Act; “officer”— (a) means an officer appointed under section 24; and (b) includes the Director of the Corruption Investigation Division, the Director of the Corruption Prevention and Education Division and the Chief Legal Adviser; “Parliamentary Committee” means the Parliamentary Committee set up under section 59; “principal” includes an employer, a beneficiary under a trust, a person beneficially interested in the succession of a person, and, in the case of a person serving in or under a public body, the public body; “public body”— (a) means a Ministry or Government department, a Commission set up under the Constitution or under the authority of any other law, a local authority or a statutory corporation; and (b) includes a Government company; “public official”— (a) means a Minister, a member of the National Assembly, a public officer, a local government officer, an employee or member of a l rested in the succession of a person, and, in the case of a person serving in or under a public body, the public body; “public body”— (a) means a Ministry or Government department, a Commission set up under the Constitution or under the authority of any other law, a local authority or a statutory corporation; and (b) includes a Government company; “public official”— (a) means a Minister, a member of the National Assembly, a public officer, a local government officer, an employee or member of a local authority, a member of a Commission set up under the Constitution, an employee or member of a statutory corporation, or an employee or director of any Government company; (b) includes a Judge, an arbitrator, an assessor or a member of a jury; P24 – 5 [Issue 5] Prevention of Corruption Act (c) includes an official of the International Criminal Court referred to in the International Criminal Court Act; “relative”, in relation to a person, means— (a) a spouse or conjugal partner of that person; (b) a brother or sister of that person; (c) a brother or sister of the spouse of that person; or (d) any lineal ascendant or descendant of that person; “suspicious transaction” means a transaction which— (a) gives rise to a reasonable suspicion that it may involve the laundering of money or the proceeds of any crime including any offence concerning the financing of any activities or transaction related to terrorism as specified in Part III of the Prevention of Terrorism Act; (b) is made in circumstances of unusual or unjustified complexity; (c) appears to have no economic justification or lawful objective; (d) is made by or on behalf of a person whose identity has not been established to the satisfaction of the person with whom the transaction is made; or (e) gives rise to suspicion for any other reason. [S. 2 amended by s. 25 of Act 14 of 2005 w.e.f. 10 November 2004; s. 156 (9) of Act 22 of 2005 w.e.f. 28 September 2007; s. 3 of Act 24 of 2005 w.e.f. 1 October 2005; s. 97 of Act 14 of 2007 w.e.f. 28 September 2007; s. 44 (3) of Act 27 of 2011 w.e.f. 15 January 2012; s. 21 of Act 27 of 2012 w.e.f. 22 December 2012.]