Related documents
- Is amended by Anti-Corruption Amendment Act, 2016
- Is commenced by Commencement of the Anti-Corruption Act, 2003
- Amends Public Service Act, 1995

Anti-Corruption Act, 2003
Act 8 of 2003
- Published in Government Gazette no. 3037 on 4 August 2003
- Assented to on 16 July 2003
- Commenced on 15 April 2005 by Government Notice of 2005
- [This is the version of this document from 25 October 2016 and includes any amendments published up to 6 October 2022.]
- [Amended by Anti-Corruption Amendment Act, 2016 (Act 10 of 2016) on 25 October 2016]
Chapter 1
PRELIMINARY
1. Definitions
In this Act, unless the context indicates otherwise -“authorised officer” means -(a)the Director-General;(b)the Deputy Director-General;(c)an investigating officer appointed under section 13; or(d)a special investigator appointed under section 14;“Commission” means the Anti-Corruption Commission established by section 2;“corrupt practice” means any conduct contemplated in Chapter 4;“Director-General” means the Director-General of the Commission appointed under section 4, and includes a person temporarily acting as Director-General under this Act;“Deputy Director-General” means the Deputy Director-General of the Commission appointed under section 4.Chapter 2
ANTI-CORRUPTION COMMISSION
2. Establishment of Anti-Corruption Commission
3. Functions of the Commission
The functions of the Commission are -4. Appointment of Director-General and Deputy Director-General
5. Disqualified persons
A person is not eligible to be appointed as Director-General or Deputy Director-General who -6. Authority card
7. Term of office and conditions of service of Director-General and Deputy Director-General
8. Vacation of office of Director-General or Deputy Director-General
The office of the Director-General or Deputy Director-General becomes vacant if -9. Termination of appointment of Director-General or Deputy Director-General
10. Acting Director-General
11. Duties of Director-General and Deputy Director-General
“(2) The Deputy Director-General performs the functions conferred by this Act on the Deputy Director-General or as may be assigned to him or her by the Director-General.”
Alternatively, it is possible that the substituted heading is in error.]
12. Appointment of Permanent Secretary and other staff members of Commission
13. Investigating officers
14. Special investigators
15. Administrative orders
The Director-General may issue administrative orders, not inconsistent with this Act or the Public Service Act, 1995 (Act No. 13 of 1995), on the general control, training, duties and responsibilities of staff members of the Commission, and for such other matters as may be necessary or expedient for the good administration of the Commission or the prevention of the abuse of power or neglect of duty, and generally for ensuring the efficient and effective functioning of the Commission.16. Annual report
Chapter 3
INVESTIGATION OF CORRUPT PRACTICES
17. Notification to Commission of corrupt practice
18. Receipt and examination of allegations
19. Notification of decision to informant
The Commission must in writing inform a person who has made an allegation in terms of section 17 of any decision made by the Commission under section 18 that further action in relation to the allegation for the purposes of this Act is not warranted on reasonable grounds, and if the matter is referred to another appropriate authority for further action, inform that person accordingly.20. Initiating or assuming investigation of a complaint
21. Investigation by Commission
22. Authority to enter and search under warrant
23. Authority to enter and search without a warrant
24. Powers to enter and search
25. Conduct of entry and search
26. Power to obtain information concerning assets
27. Investigation of accounts at financial institutions
28. Powers of arrest
29. Offences in relation to functions of the Commission
30. Regulations
31. Referral of matter to Prosecutor-General
Chapter 4
CORRUPT PRACTICES AND PENALTIES
32. Definitions for this Chapter
In this Chapter, unless the context indicates otherwise -“agent” means a person employed by or acting for another in any capacity whatsoever, and includes -(a)a trustee of an insolvent estate;(b)the assignee of an estate assigned for the benefit or with the consent of creditors;(c)the liquidator of a company or other corporate body that is being wound up or dissolved;(d)the executor of the estate of a deceased person;(e)the legal representative of a minor or a person who is of unsound mind or otherwise under legal disability;(f)a public officer or an officer serving in or under any public body;(g)a trustee, an administrator or a subcontractor and any person appointed as an agent in terms of any law;“business” means any activity carried on for the purpose of gain or profit within Namibia or elsewhere, and includes all property derived from or used in or for the purpose of carrying on such activity, and all the rights and liabilities arising from such activity;“corruptly” means in contravention of or against the spirit of any law, provision, rule, procedure, process, system, policy, practice, directive, order or any other term or condition pertaining to -(a)any employment relationship;(b)any agreement; or(c)the performance of any function in whatever capacity;[definition of “corruptly” struck down on constitutional grounds by Lameck & Another v President of the Republic of Namibia & Others 2012 (1) NR 255 (HC)]“gratification” includes -(a)money or any gift, loan, fee, reward, commission, valuable security or property or interest in property of any description, whether movable or immovable;(b)any office, dignity, employment, contract of employment or services and any agreement to give employment or render services in any capacity;(c)any payment, release, discharge or liquidation of any loan, obligation or other liability, whether in whole or in part;(d)any valuable consideration or benefit of any kind, any discount, commission, rebate, bonus, deduction or percentage;(e)any forbearance to demand any money or money’s worth or valuable thing;(f)any service or favour, including protection from any penalty or disability incurred or apprehended or from any action or proceedings of a disciplinary, civil or criminal nature, wether or not already instituted, and including the exercise or the forbearance from the exercise of any right or any official power or duty;[The word “whether” is misspelt in the Government Gazette, as reproduced above.](g)any right or privilege;(h)any aid, vote, consent or influence, or any pretended aid, vote, consent or influence;(i)any offer, undertaking or promise, whether conditional or unconditional, of any gratification within the meaning of any of the preceding paragraphs;“principal” includes any employer, any beneficiary under a trust, any trust estate, the estate of a deceased person, any person beneficially interested in the estate of a deceased person, in the case of a person serving in or under a public body, the public body and in the case of a person acting in a representative capacity, the person on whose behalf the representative acts;“property” means money or any other movable, immovable, corporeal or incorporeal thing, whether situated in Namibia or elsewhere and includes any rights, privileges, claims, securities and any interest therein and all proceeds thereof;“public body” means -(a)any ministry, office or agency of government;(b)any regional council or local authority council; or(c)any corporation, board, council, institution or other body, whether incorporate or unincorporated, or any functionary -(i)exercising any power or performing any duty in terms of the Namibian Constitution; or(ii)exercising a public power or performing a public function in terms of any law or the common law;“public officer” means a person who is a member, an officer, an employee or a servant of a public body, and includes -(a)a staff member of the public service, including the police force, prisons service and defence force, or of a regional council or a local authority council;(b)a member of the National Assembly, the National Council, a regional council or a local authority council;(c)a judge of the Supreme Court or the High Court or any other member of the judicial authority;(e)any person receiving any remuneration from public funds;(f)if the public body is a corporation, the person who is incorporated as such.[The lettering of the paragraphs in the definition of “public officer” is incorrect in the Government Gazette, as reproduced above; there is no paragraph (d).]33. Offence of corruptly accepting gratification
A person commits an offence who, directly or indirectly, corruptly solicits or accepts or agrees to accept for the benefit of himself or herself or any other person any gratification as -34. Offence of corruptly giving gratification
A person commits an offence who, directly or indirectly, corruptly offers, gives or agrees to give to any person, whether for the benefit of that person or any other person, any gratification as -35. Corruptly accepting gratification by or giving gratification to agent
36. Corrupt acquisition of private interest by public officer
A public officer commits an offence who knowingly and corruptly, and otherwise than as a member of a registered joint stock company consisting of more than 20 persons, acquires or holds, directly or indirectly, a private interest in any contract, agreement or investment emanating from or connected with the public body on or in which he or she serves as a member or as an employee or which is made on account of the public body.37. Corruption in relation to tenders
A person commits an offence who, directly or indirectly -38. Bribery of public officer
A person who offers or gives or agrees to give to a public officer, or who, being a public officer, solicits or accepts or agrees to accept, any gratification as an inducement or a reward for, or otherwise on account of -39. Corruption of witnesses
40. Bribery of foreign public officials
41. Bribery in relation to auctions
A person commits an offence who, directly or indirectly, corruptly -42. Bribery for giving assistance in relation to contracts
43. Corruptly using office or position for gratification
44. Corruption in relation to sporting events
45. Dealing with, using, holding, receiving or concealing gratification in relation to any offence
A person commits an offence who, directly or indirectly, whether on behalf of himself or herself or on behalf of any other person -(a)enters into, or causes to be entered into, any dealing in relation to any property; or(b)uses or causes to be used, or receives, holds, controls or conceals any property or any part thereof,which was obtained as gratification, or derived from the proceeds of any gratification obtained, in the commission of an offence under this Chapter.46. Attempts and conspiracies
A person who -47. Fraudulent concealment of offence
A person commits an offence who, with intent to defraud or to conceal the commission of an offence under this Chapter or to obstruct an authorised officer in the investigation of any such offence -48. Duty to report corrupt transactions
49. Penalties
A person convicted of an offence under any provision of this Chapter is liable to a fine not exceeding N$500 000 or to imprisonment for a term not exceeding 25 years, or to both such fine and such imprisonment.Chapter 5
GENERAL PROVISIONS
50. Liability for offences committed outside Namibia
51. Jurisdiction of magistrates’ courts
Any magistrate’s court has jurisdiction to impose any penalty mentioned in this Act.52. Protection of informers and information
53. Limitation of liability
No person, including the State, is liable in respect of anything done or omitted in good faith in the exercise of a power or the performance of a duty conferred by or under this Act.54. Repeal and amendment of laws
55. Short title and commencement
This Act is called the Anti-Corruption Act, 2003 and comes into operation on a date determined by the Prime Minister by notice in the Gazette.History of this document
25 October 2016 this version
Amended by
Anti-Corruption Amendment Act, 2016
15 April 2005
Commences.
04 August 2003
Published in
Government Gazette number 3037
16 July 2003
Assented to.
Cited documents 2
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