Section 82: Prosecution, conviction and forfeiture
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.
82. Prosecution, conviction and forfeiture
(1) Subject to subsection (2), no prosecution for an offence under this Act
or Part II of the Financial Intelligence and Anti-Money Laundering Act shall
be instituted except by, or with the consent of, the Director of Public
Prosecutions.
(2) The Director-General, the Director of the Corruption Investigation Division, or any other officer designated by the Commission, may swear an
information and conduct the prosecution in respect of any offence under this
Act or Part II of the Financial Intelligence and Anti-Money Laundering Act.
(3) Subsection (2) shall be without prejudice to the Chief Legal Adviser,
or any officer of the Legal Division designated by him, conducting any prosecution as specified in that subsection.
P24 – 37 [Issue 1]
Prevention of Corruption Act
(4) Where a person is convicted of an offence under this Act or Part II of
the Financial Intelligence and Anti-Money Laundering Act, the Court may, in
addition to any penalty imposed, order the forfeiture of the property the subject matter of the offence.
[S. 82 amended by s. 28 of Act 24 of 2005 w.e.f. 1 October 2005; s. 14 of Act 1 of 2006
w.e.f. 29 April 2006.]
Ask juris about this section Official source
Questions this section answers
- Whose consent is needed to prosecute someone under this Act?
- Can a Court order forfeiture of property linked to a corruption offence on conviction?