Section 49: Protection of witnesses

49. Protection of witnesses (1) Subject to subsection (6), where a person— (a) discloses to a member of the Board or an officer that a person, public official, body corporate or public body is or has been involved in an act of corruption; and (b) at the time he makes the disclosure, believes on reasonable grounds that the information he discloses may be true and is of such a nature as to warrant an investigation under this Act, he shall incur no civil or criminal liability as a result of such disclosure. (2) Subject to subsection (6), where a public official— (a) discloses to his responsible officer or to the Director-General that an act of corruption may have occurred within the public body in which he is employed; and (b) believes on reasonable grounds that the information is true, [Issue 1] P24 – 24 Revised Laws of Mauritius he shall incur no civil or criminal liability as a result of such disclosure and no disciplinary action shall be started against him by reason only of such disclosure. (3) A person who makes a disclosure under subsection (1) or (2) shall assist the Commission in any investigation which the Commission may make in relation to the matters disclosed by him. (4) A person to whom a disclosure is made under subsection (1) or (2) shall not, without the consent of the person making the disclosure, divulge the identity of that person except where it is necessary to ensure that the matters to which the information relates are properly investigated. (5) A person who commits an act of victimisation against a person who has made a disclosure under subsection (1) or (2) shall be guilty of an offence and shall, on conviction, be liable to pay a fine not exceeding 50,000 rupees and to imprisonment not exceeding one year. (6) A person who makes a false disclosure under subsection (1) or (2), knowing it to be false shall be guilty of an offence and shall, on conviction, be liable to pay a fine not exceeding 50,000 rupees and to imprisonment not exceeding one year. (7) In this section, “victimisation” means an act— (a) which causes injury, damage or loss; (b) of intimidation or harassment; (c) of discrimination, disadvantage or adverse treatment in relation to a person’s employment; or (d) amounting to threats of reprisals. [S. 49 amended by s. 19 of Act 24 of 2005 w.e.f. 1 October 2005.]