Section 50: Powers of Commission to examine person

50. Powers of Commission to examine person (1) Where the Commission decides to proceed with further investigations under section 46 or 47, the Director-General may— (a) order any person to attend before him for the purpose of being examined orally in relation to any matter; (b) order any person to produce before him any book, document, record or article; (c) order that information which is stored in a computer, disc, cassette, or on microfilm, or preserved by any mechanical or electronic device, be communicated in a form in which it can be taken away and which is visible and legible; (d) by written notice, order a person to furnish a statement in writing made on oath or affirmation, setting out all information which may be required under the notice. (2) A person on whom an order under subsection (1) has been served shall— (a) comply with the order; P24 – 25 [Issue 1] Prevention of Corruption Act (b) attend before the Director-General in accordance with the terms of the order; (c) continue to attend on such other days as the Director-General may direct until the examination is completed; and (d) subject to subsection (3), answer questions and furnish all information, documents, records or statements, including certified copies thereof, as ordered by the Director-General. (2A) Where the Director-General has reasonable grounds to believe that any book, document, record or article produced under subsection (1) (b) may provide evidence relevant to an investigation being conducted by the Commission, he may— (a) where the book, document, record or article is not reasonably required for the purpose of performing any duty under any enactment, retain the book, document, record or article, as the case may be, until its production in Court or until such earlier time as may be required; or (b) make certified copies of, or take records from, the book, document or record. (3) A person may refuse to answer a question put to him or refuse to furnish information, documents, records or statements where the answer to the question or the production of the document or class of documents might tend to incriminate him. (4) Subsection (3) shall not apply where the Director-General, after consultation with the Director of Public Prosecutions, gives an undertaking in writing to a person that any answer given or document or class of document produced will not be used in evidence in any criminal proceedings against him for an offence other than proceedings for perjury. (5) Where an undertaking has been given under subsection (4), no Court of law shall admit the answer or document or class of documents referred to in the undertaking in any criminal proceedings against the person to whom the undertaking was given, except in proceedings for perjury. (6) A person who after having been served with an order under subsection (1)— (a) fails, without reasonable excuse, to comply with any of the terms of the order; (b) conceals, destroys, alters, tampers with, removes from the place where it is habitually kept, or otherwise disposes of, a book, document, record or article referred to in the order, shall commit an offence and shall, on conviction, be liable to a term of imprisonment not exceeding 5 years. [S. 50 amended by s. 20 of Act 24 of 2005 w.e.f. 1 October 2005; s. 11 of Act 1 of 2006 w.e.f. 29 April 2006.] [Issue 1] P24 – 26 Revised Laws of Mauritius