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Section 45: Referrals to Commission

Prevention Of Corruption Act · PART V: PROCEEDINGS OF COMMISSION

consolidated text (as at 2012, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.

45. Referrals to Commission (1) Notwithstanding sections 43 and 44, where in the exercise of his functions— (a) a Judge or Magistrate; (b) the Ombudsman; (c) the Director of Public Prosecutions; (d) the Director of Audit; or (e) the chief executive of a public body, is of the opinion that an act of corruption may have occurred, he may refer the matter to the Commission for investigation. (2) Where in the course of a Police enquiry— (a) it is suspected that an act of corruption or a money laundering offence has been committed; and (b) the Commissioner of Police is of the opinion that the matter ought to be investigated by the Commission, the Commissioner of Police may, notwithstanding the Financial Intelligence and Anti-Money Laundering Act and subject to subsection (3), refer the matter to the Commission for investigation. (3) The Commissioner of Police shall forthwith notify the FIU of the nature of the money laundering offence referred to in subsection (2) (a). [S. 45 amended by s. 9 of Act 1 of 2006 w.e.f. 29 April 2006.]

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