Zambia- International treaties – UNCAC
RATIFIED INTERNATIONAL INSTRUMENTS
Zambia
United Nations Convention against Corruption (UNCAC)
Art. 5-1
The legal framework provides for the development and implementation or maintenance of effective, coordinated anti-corruption policies that promote the participation of society and reflect the principles of the rule of law, proper management of public affairs and public property, integrity, transparency and accountability.
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Anti-corruption Ac[No.3] 20120412
Preamble: An Act to, inter alia, continue the existence of the Anti-Corruption Commission and provide for its powers and functions to prevent, detect, investigate, prosecute and punish corrupt practices and related offences based on the rule of law, integrity, transparency, accountability and management of public affairs and property; provide for the development, implementation and maintenance of coordinated anticorruption strategies through the promotion of public participation; provide for the protection of witnesses, experts, victims and other persons assisting the Commission; provide for nullification of corrupt transactions and to provide for payment of compensation for damage arising out of corrupt activities. Section 2: All offenses under this Act shall be enquired into, tried and otherwise dealt with in accordance with the Criminal Procedure Code and any other written law. Section 4(1): The Anti-Corruption Commission shall ...be a body corporate with perpetual succession and a common seal, capable of suing and being sued in its corporate name and with powers subject to this Act, to do all such acts and things as a body corporate may, by law, do or perform. Section 4(2): The Provisions of the State Proceedings Act shall apply to civil proceedings by, or against, the Commission as if, for a referrence to the State there were substituted a referrence to the Commission. Section 6. Functions of the Commission: to (a) prevent and take necessary measures for the prevention of corruption in public and private bodies, including, in particular, measures for - (i) examining the practices and procedures of public and private bodies in order to faciliatate the discovery of opportunities for corrupt practices and secure the revision of methods of work or procedure...(ii) advising public bodies on ways and means of preventing corrupt practices, and on changes in methods and procedures of such public bodies and private bodies compartible with the effective performance of their duties ...(iii) disseminate information on the evil and dangerous effects of corrupt prcatices in society, (iv) create committees in instituions for monitoring corruption in the institution, and (v) enlisting and fostering public confidence and support against corrupt practices; (b) initiate, receive and investigate complaints of alleged of suspected corrup practices, and subject to Director of Public Prosecutions, (i) prosecute offenses under this Act, (c) invesitigate any conduct of any public officer which, the Commission has reasonable grounds to believe may be connected with, or conducive to, corrupt practices, (e) coordinate or co-operate, as applicable, with other institutions authorized to investigate, prosecute, prevent and combat corrupt practices so as to implement an integrated approach to the eradication of corrupt practices, (f) consult, co-operate and exchange information with appropriate bodies of other countries that are authorized to conduct inquiries or investigations in realtion to corrupt practices, (g) adapt and strengthen mechanisms for educating the public to respect the public good public interest [...] Section 69 - Protection of whistle blowers, victims and experts: (1) The provisions of the Public Interest Disclosure (Protection of Whistle Blowers) Act 2010, shall apply in relation to the protection of whistle blowers and related matters, (2) where it appears that as a result of assisting the Commission or the court ...the safety of a witness, expert, victim or any other person...may be subject to threats, intimidation or harassment, the Director shall make such arrangements as necessary to protect the safety of such witnesses, experts or victim. Section 81 - Public Particizpation and Access to Information: (1) The Commission shall ensure that public participation in the prevention and eradication of corruption is undertaken on the principle that; (a) is based on the belief that those who are affected by a problem have a right to to be involved in finding finding a solution, (b) the promise that the peoples' contribution may effect change. Section 82 - Analysis and Dissemination of Information: The Commission shall - (a) maintain information on the harmful effects of corruption on society for dissemination to the public, (b) subject to any other written law, provide access to any data collected on corruption for use by members of the public. Section 83 - Anti-corruption education and awareness: The Commission shall, in consultation with relevant authorities and civil society organizations - (a) take measures for the integration of anti-corruption practices and strategies in schools, colleges and institutions of higher learning, and (b) undertake public information activities that contribute to non-tolerance of corruption and transparency and accountability in the mobilizationa and utilization of public resources and management of public affairs. Section 84 - Maintenance of Information: The Commission shall maintain information for the use of the general public on the laws, international anti-corruption agreements to which Zambia is party, and any policies, guidelines, plans, studies, reports, decisions, recommendations and other publications relating to corruption published by the Commission. Section 85 - Guidelines on Public Participation: The Commission may make guidelines relating to public participation and information for the purpose of this Act. |
Art. 5-4
The legal framework provides for the collaboration between the States Parties and with relevant international and regional organizations in promoting and developing the measures referred to in article 5 of UNCAC. That collaboration may include participation in international programmes and projects aimed at the prevention of corruption.
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Anti-Corruption Act [No.3] 20120412
Section 6(f): Consult, co-operate and exchange information with appropriate bodies of other countries that are authorized to conduct enquiries or investigations in relation to corrupt practices . Section 84 - Maintenance of Information: The Commission shall maintain information for the use of the general public on the laws, international anti-corruption agreements Zambia is party to, any policies, plans, guidelines, studies, reports, decisions, recommendations and other publications relating to corruption the Commission may publish. Section 88. The Mutual Legal Assistance in Criminal Matters Act applies to offences under this Act, except where the provisions of that Act are inconsistent with this Act." |
Art. 6-1
The legal framework ensures the existence of a body or bodies, as appropriate, that prevent corruption by such means as:
(a) Implementing the policies referred to in article 5 of this Convention
and, where appropriate, overseeing and coordinating the implementation of those policies;
(b) Increasing and disseminating knowledge about the prevention of corruption.
(a) Implementing the policies referred to in article 5 of this Convention
and, where appropriate, overseeing and coordinating the implementation of those policies;
(b) Increasing and disseminating knowledge about the prevention of corruption.
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Anti-Corruption Act [No.3] 20120412
Section 6(1): The functions of the Commission are to— (a) prevent and take necessary and effective measures for the prevention of corruption in public and private bodies, including, in particular, measures for— (i) examining the practices and procedures of public and private bodies in order to facilitate the discovery of opportunities of corrupt practices and secure the revision of methods of work or procedures which in the opinion of the Commission, may be prone or conducive to corrupt practices; (ii) advising public bodies and private bodies on ways and means of preventing corrupt practices, and on changes in methods of work or procedures of such public bodies and private bodies compatible with the effective performance of their duties, which the Commission considers necessary to reduce the likelihood of the occurrence of corrupt practices; (iii) disseminating information on the evil and dangerous effects of corrupt practices on society; (iv) creation of committees in institutions for monitoring corruption in the institution; and (v) enlisting and fostering public confidence and support against corrupt practices; (b) initiate, receive and investigate complaints of alleged or suspected corrupt practices, and, subject to the directions of the Director of Public Prosecutions, prosecute— (i) offences under this Act; and (ii) such other offence under any other written law as may have come to the notice of the Commission during the investigation of an offence under this Act:Provided that nothing in this paragraph shall be considered as precluding any public prosecutor from prosecuting, subject to the directions of the Director of Public Prosecutions, any offence under this Act which has come to the notice of the police during investigation ofan offence under any written law; (c) investigate any conduct of any public officer which, the Commission has reasonable grounds to believe may be connected with, or conducive to, corrupt practices; (d) be the lead agency in matters of corruption; (e) co-ordinate or co-operate, as applicable, with other institutions authorised to investigate, prosecute, prevent and combat corrupt practices so as to implement an integrated approach to the eradication of corruption; (f) consult, co-operate and exchange information with appropriate bodies of other countries that are authorised to conduct inquiries or investigations in relation to corrupt practices; (g) adopt and strengthen mechanisms for educating the public to respect the public good and public interest and, in particular — (i) create awareness in the fight against corruption and related offences; (ii) develop educational and other programmes for the sensitisation of the media; (iii) promote an environment for the respect of ethics; and (h) do all such things as are incidental or conducive to the attainment of its functions." |
Art. 6-2
The legal framework grants the body or bodies referred to in paragraph 1 of article 6-1 of UNCAC :
- the necessary independence to enable the body or bodies to carry out its or their functions effectively and free from any undue influence.
- the necessary material resources and specialized staff, as well as the training that such staff may require to carry out their functions.
- the necessary independence to enable the body or bodies to carry out its or their functions effectively and free from any undue influence.
- the necessary material resources and specialized staff, as well as the training that such staff may require to carry out their functions.
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Anti-Corruption Act [No.3] 20120412
Section 5 - Autonomy of the Commission: Subject to the Constitution, the Commission shall not, in the performance of its functions, be subect to the direction or control of any person or authority. Section 6(b): the functions of the Commission are to...initiate, receive and investigate complaints of alleged or suspected corrupt practices, and subject to the directions of the Director of Public Prosecutions, prosecute - offenders under this Act. Section 7 - Instructions by the Commission: (1) The Commission may instruct a public body on practices and procedures that are necessary to prevent, reduce or eliminate the occurrence of corrupt practices, (2) a public body shall, not later than ninety days from the receipt of the instructions from the Commission pursuant to subsection 1, effect the necessary changes in its practices and procedures. Section 8 - Reports and Recommendation by the Commission: The Commission may, after an investigation into an offense under this Act, depending on the findings made, make such recommendations as it considers necessary to an appropriate authority. Section 64 - Consent of Director of Public Prosecutions: A prosecution of an offense under Part III shall not be instituted except by, or with, the consent of Directo of Public Prosecutions. |
Art. 7-1
The legal framework adopts, maintains and strengthens systems for the recruitment, hiring, retention, promotion and retirement of civil servants and, where appropriate, other non-elected public officials:
(a) That are based on principles of efficiency, transparency and objective criteria such as merit, equity and aptitude;
(b) That include adequate procedures for the selection and training of individuals for public positions considered especially vulnerable to corruption and the rotation, where appropriate, of such individuals to other positions;
(c) That promote adequate remuneration and equitable pay scales, taking into account the level of economic development of the State Party;
(d) That promote education and training programmes to enable them to meet the requirements for the correct, honourable and proper performance of public functions and that provide them with specialized and appropriate training to enhance their awareness of the risks of corruption inherent in the performance of their functions.
(a) That are based on principles of efficiency, transparency and objective criteria such as merit, equity and aptitude;
(b) That include adequate procedures for the selection and training of individuals for public positions considered especially vulnerable to corruption and the rotation, where appropriate, of such individuals to other positions;
(c) That promote adequate remuneration and equitable pay scales, taking into account the level of economic development of the State Party;
(d) That promote education and training programmes to enable them to meet the requirements for the correct, honourable and proper performance of public functions and that provide them with specialized and appropriate training to enhance their awareness of the risks of corruption inherent in the performance of their functions.
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Anti-Corruption Act [No.3] 20120412
Section 9 - The Director General: (1) There shall be a Director General of the Commission who shall be the chief executive officer of the Commission, (2) The Director General shall be appointed by the President, subject to ratification by the National Assembly, on such terms and conditions as the President may determine, (3) A person is ot qualified to be Director General unless the person is qualified to be appointed judge of the High court. Section 12 (1) The Commission shall appoint a Deputy Director General on such terms as it may determine, (2) the Deputy Director General shall assist the Director General in performing the Director General's duties under this Act. Section 13 - (1) The Commission shall appoint Directors, Secretary, Investigation officers and such other staff of the Commission, on such terms and conditions as it may determine, to assist the Director General in the performance of the Director General's duties. Section 17 - Immunity of staff: No proceedings, civil or criminal, shall lie against the Director General, Deputy Director General, Directors, Secretary, an officer or member of staff of the Commission for anything done in good faith in the exercise of the officer's or member of staff's functions under this Act. |
Art. 8-1
In order to fight corruption, the legal framework promotes, inter alia, integrity, honesty and responsibility among its public officials.
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Anti-Corruption Act [No.3] 20120412
Section 21. A public officer commits an offense who - (a) does or directs to be done, in abuse of the public officer's position, office or authority any arbitrary act prejudicial to the rights and interests of the Government or any other person; (b) uses that public officer's position, office or authority or any other any other information that the public officer obtains as result of, or in the course of, the performance of that public officer's functions to obtain property, profit, and advantage or benefit, directly or indirectly, for oneself or another person, (c) uses the public officer's position, office or information to obtain, promise, offer, or give an undue advantage to oneself or another person, directly or indirectly, in order for the public officer to perform or refrain from performing the public officer's duties, and (d) solicits or accepts, directly or indirectly, an undue advantage or benefit for oneself or another person in order for that public officer to perform or refrain from performing the public officer's duties. |
Art. 8-2
In particular, the legal framework applies, within the domestic institutional and legal systems, codes or standards of conduct for the correct, honourable and proper performance of public functions.
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Anti-Corruption Act [No.3] 20120412
Section 6(1); The functions of the Commission are to - (i) examine the prcatices and procedures of public and private bodies in order to facilitate the discovery of opportunites for corrupt practices and secure the revision of methods of work and procedures which, in the opinion of the Commission, may be prone or conducive to corrupt practices, (ii) advising public and private bodies on ways and means of preventing corrupt practices, and on changes in methods of work and procedures of such public and private bodies compartibl with the effective performance of their duties, which the Commission considers necessary to reduce the likelihood of the occurences of corrupt practices, and...(iv) creation of committees in institutions for monitoring corruption in the institutions. Section 7 -(1) The Commission may instruct a public body on prcatices and procedures that are necessary to prevent, reduce or eliminate occurences of corrupt practices; (2) A public body shall, not ess than ninety days from the receipt of instructions from the Commission pursuant to subsection 1, effect the necessary changes in its practices. Section 21 -A public officer commits an offense who - (a) does or directs to be done, in abuse of the public officer's position, office or authority any arbitrary act prejudicial to the rights and interests of the Government or any other person; (b) uses that public officer's position, office or authority or any other any other information that the public officer obtains as result of, or in the course of, the performance of that public officer's functions to obtain property, profit, and advantage or benefit, directly or indirectly, for oneself or another person, (c) uses the public officer's position, office or information to obtain, promise, offer, or give an undue advantage to oneself or another person, directly or indirectly, in order for the public officer to perform or refrain from performing the public officer's duties, and (d) solicits or accepts, directly or indirectly, an undue advantage or benefit for oneself or another person in order for that public officer to perform or refrain from performing the public officer's duties. |
Art. 8-5
The legal framework establishes measures and systems requiring public officials to make declarations to appropriate authorities regarding, inter alia, their outside activities, employment, investments, assets and substantial gifts or benefits from which a conflict of interest may result with respect to their functions as public officials.
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Anti-Corruption Act [No.3] 20120412
Section 14 The Director-General, Deputy Director-General, officers and Secretary shall, before taking office under this Act and every five years thereafter — (a) in the case of the Director-General, Deputy DirectorGeneral and Secretary, submit to the Chief Justice a written declaration, in the prescribed form, of all the assets they own or liabilities owed to them; and (b) in the case of the other staff of the Commission, submit to a magistrate a written declaration, in the prescribed form, of all the assets they own or liabilities owed to them.. |
Art. 9-1
The legal framework provides for the necessary steps to establish appropriate systems of procurement, based on transparency, competition and objective criteria in decision-making, that are effective, inter alia, in preventing corruption. Such systems, which may take into account appropriate threshold values in their application, shall address, inter alia:
(a) The public distribution of information relating to procurement procedures and contracts, including information on invitations to tender and relevant or pertinent information on the award of contracts, allowing potential tenderers sufficient time to prepare and submit their tenders;
(b) The establishment, in advance, of conditions for participation, including selection and award criteria and tendering rules, and their publication;
(c) The use of objective and predetermined criteria for public procurement decisions, in order to facilitate the subsequent verification of the correct application of the rules or procedures;
(d) An effective system of domestic review, including an effective system of appeal, to ensure legal recourse and remedies in the event that the rules or procedures established pursuant to this paragraph are not followed;
(e) Where appropriate, measures to regulate matters regarding personnel responsible for procurement, such as declaration of interest in particular public procurements, screening procedures and training requirements.
(a) The public distribution of information relating to procurement procedures and contracts, including information on invitations to tender and relevant or pertinent information on the award of contracts, allowing potential tenderers sufficient time to prepare and submit their tenders;
(b) The establishment, in advance, of conditions for participation, including selection and award criteria and tendering rules, and their publication;
(c) The use of objective and predetermined criteria for public procurement decisions, in order to facilitate the subsequent verification of the correct application of the rules or procedures;
(d) An effective system of domestic review, including an effective system of appeal, to ensure legal recourse and remedies in the event that the rules or procedures established pursuant to this paragraph are not followed;
(e) Where appropriate, measures to regulate matters regarding personnel responsible for procurement, such as declaration of interest in particular public procurements, screening procedures and training requirements.
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The Constituion (Amendment) Act [No.2] 20160105
Article 210 (1) A State organ, State institution and other public office shall procure goods and services in accordnace with a system that is fair, equitable, transparent, competitive and cost-effective, as prescribed. |
Art. 9-2
The legal framework provides for measures to promote transparency and accountability in the management of public finances. Such measures shall encompass, inter alia:
(a) Procedures for the adoption of the national budget;
(b) Timely reporting on revenue and expenditure;
(c) A system of accounting and auditing standards and related oversight;
(d) Effective and efficient systems of risk management and internal control; and
(e) Where appropriate, corrective action in the case of failure to comply with the requirements established in this paragraph.
(a) Procedures for the adoption of the national budget;
(b) Timely reporting on revenue and expenditure;
(c) A system of accounting and auditing standards and related oversight;
(d) Effective and efficient systems of risk management and internal control; and
(e) Where appropriate, corrective action in the case of failure to comply with the requirements established in this paragraph.
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Public Finance Management Act [No.1] 20180408
Preamble. An Act to enhance the independence and autonomy of the National Audit Office and strengthen its functions; provide a framework for promoting efficiency, accountability, effectiveness and transparency of public administration through effective oversight and audit of public funds and performances [...] Section 4(1) There is established the Treasury which consists of - (a) the Minsiter, who is the head of treasury; (b) the officer responsible for financial and fiscal matters. (3) The powers of the Treasury shall be exercised by the Secretary to the Treasury or any other office holder that may be authorized by the Secretary to the Treasury in writting- (a) the Treasury shall promote and coordinate government's natioanl fiscal and macro fiscal policy; (b) receive, keep, receipt, manage and disburse public funds; (c) regulate, prepare, implement, monitor and evalauate the national budget and matters connecting to national bugeting; (d) recall funds from all public funds to the consolidated fund; (f) promote and enforce transparency and effective management of revenues, expenditures, asserts and liabilities of public bodies; (i) manage risk, promote good governance and control in public bodies for the effective functioning of the Treasury; (l) oversee the design and implementation of financial management systems in all public bodies. Section 19(1). There shall be established for each public body an audit committee which shall perform functions and exercise such powers as imposed or conferred on the committee under this Act. (2) An audit committee established under this section, except for an audit in the local authority, statutory corporation or state owned enterprise, shall report to the Secretary to the Treasury. (5) The functions of audit committee are to- (a) receive reports from internal auditors; (b) review audit policy and audit plans; (c) evaluate the management procedure regarding (i) internal controls, (ii) financial reporting (iii) external audit reports (iv) risk management (v) ethics and governance; (d) make recommendations to the Secretary to the Treasury of controlling body. |
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National Planning and Budgeting Act [No.1] 20201023
Preamble. An Act to provide for an integrated national planning and budgeting process; strengthened accountability, oversight and participation mechanisms in the national planning and budgeting process [...] Section 3(1). Subject to the Constitution, the following principles apply to the national planning and budgeting process- (a) dvelopment plans and budgets are formulated in transparent and accountable manner; (b) planning process includes fiscal responsiblity and functions are undertaken in accordance with subsidiary principles; [...] (d) development plan and budget are responsive to the development needs of the people; [...] (i) the natioanl planning and budgeting systenm is applied to ensure that the planning and budgeting process comprehensively covers all public resources. Section 32(1). A controlling officer for the head of expenditure shall, by the second Friday of April each year, submit to the permanent secretary responsible for budgeting and permanent secretary responsible for planning a detailed budget policy paper which shall include- (a) the annual performance review of the annual performance review of the national development plan for the head of expenditure; (b) propsed new projects which have been appraised and approved in accordance with section twenty-four; (c) proposed changes relating - (i) expenditure policy, including wage, recruitment and investment policy; (ii) adminitration of fees and fines; (iii) assistance from co-oprtating partners; (iv) any other policies that may have implication on government fiscal position; (d) annual output targets to be achieve din the next three financial years. Section 34(1). The permanent secretary responsible for budgets in consultation with the permament secretary responsible for planning shall, by the first Friday of May each of each year, submit to the secretary to the treasury a report on salient issues emanating from submission of section thirty-two and section thirty-three for the purpose of advising the secretary to the treasury on the proposed policy directions and reseource implications; (2). The secretary to the treasury may, by the second Friday in May each year, consult with the controlling officer of the head of expenditure on the budget policy paper submitted in accordance with section thirty-two, to ascertain the proposed policy direction and resource implication. Section 35. The Minister responsible for finance shall, in consultation with the Minister, on or before the second Friday of June each year, submit a budget policy concept paper to Cabinet for approval of the principle budget policies to be adopted over the next three years. Section 36. The Minsiter responsible for finance shall, in consultation with the Minister, on an annual basis prepare medium term budget paln which shall form the basis of the implementation of the national development plan. Section 37(1). The Green Paper of the medium-term budget plan shall be published for public consultation by the second Friday of July each year.(2) The Minister responsible for finance, in consultation with the Minister, by the second Friday of July, submit to the appropriate committee of National Assembly the Green Paper on the medium-term budget plan for consultation.(3)The committee referred to in subsection (2) may consult any state or non-state actors on any issue on the Green Paper. (4) A state or non-state actor may, by Friday in August of each year, submit their comments on the Green Paper to the Minister responsible for finance for consideration before finalization. Section 38(1). The Secretary to the Treasury shall, on the approval of the medium-term plan, by the second Friday of July each year, issue to the controlling officer a budget a call circular. Section 39. A controlling officer shall, by the second Friday in August, submit to the secreatry to the treasury a budget framework paper on the estimates of revenues and expenditure for the next three years. Section 40. The Secretary to the treasury may, by the last Friday in August each year, cause to be reviewed with the relevant controlling officer, budget framework paper and estimates for the head of expenditure, submitted in accordance with section fourty, to ensure consistence with government medium-term policies and the national development plan. Section 41. The Minister respinsible for finance shall, in consultation with the Minister, on approval of national budget by Cabinet, prepare a national budget policy statement for the next financial year. |
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Public Audit Act [No.29] 20160606
Preamble. An Act to enhance the independence and autonomy of the National Audit Office and strengthen its functions; provide a framework for promoting efficiency, accountability, effectiveness and transparency of public administration through effective oversight and audit of public funds and performances [...]. Section 4(1). There is established the National Audit Office which is a public office in the Republic. (2). The provisions of the State Proceedings Act apply to civil proceedings by, or against, the National Audit Office as if, for a reference to the State, there were subsituted a referrence to the National Audit Office. Section 5. The functions of the National Audit Officer are to- (a) perform audits under the Public Finance Act 2004 and any other written law; (b) recommend to the commission the organizational structures and technical competences required for the efficient and effective performance of its functions. |
Art. 11-1
The legal framework provides for measures to strengthen integrity and to prevent opportunities for corruption among members of the judiciary. Such measures may include rules with respect to the conduct of members of the judiciary.
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The Judicial Code of Conduct Act [No.13] 19991223
Preamble. An Act to provide for the code of conduct for officers of the Judicature pursuant to article ninety one of the Constitution […] Section 3. The Judicial officer shall uphold the integrity, independence and impartiality of the judicature in accordance with the Constitution, this Act and any other law. |
Art. 12-1
The legal framework provides for measures to prevent corruption involving the private sector, enhance accounting and auditing standards in the private sector and, where appropriate, provide effective, proportionate and dissuasive civil, administrative or criminal penalties for failure to comply with such measures.
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The Companies Act [No.10] 20171117
Preamble. The Act to provide for the formation and maintenance of a company, provide for incorporation, categorization and management of companies, provides procedure for the approval of company names, change of names and conversion of companies, provides for stakeholders rights and obligations, the conduct of meetings and passing of resolutions by shareholders. Provides for the functions and obligations of Company Secretaries and Directors, provides for issues of share capital requirements, procedure for alteration and reduction share capital and disclosure requirements for companies. Provides for the registration of foreign companies doing business in Zambia and deregistration of companies; incorporate financial reporting provisions, maintenance of accounting records, and access to financial information of companies; [...] Section 246. The Board of Directors shall cause the accounting record to be kept that - (a) correctly record and explain the transanctions of the company; (b) enable the financial (i) position of the company to be determined with reasonable accuracy (ii) statements of companies to be readily and properly audited. |
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Anti-corruption Act [No.3] 20120412
Section 6. The functions of the Commission are to- (a) prevent and take necessary and effective measures for the preventio of corruption in public and private bodies […] (i) examining the practices and procedures of public and private bodies in order to facilitate the discovery of opportunities for corrupt practices [...] (ii) advising publi and private bodies on ways and measures of preventing corrupt practices [...] (b) initiate, receive and investigate complaints of alleged or suspected corrupt practices, and subject to the direction of the Director of Public Prosecution, prosecute- (i) offenses under this Act [...] |
Art. 12-2
Measures referred to in article 12-1 of UNCAC may include, inter alia:
(a) Promoting cooperation between law enforcement agencies and relevant private entities;
(b) Promoting the development of standards and procedures designed to safeguard the integrity of relevant private entities, including codes of conduct for the correct, honourable and proper performance of the activities of business and all relevant professions and the prevention of conflicts of interest, and for the promotion of the use of good commercial practices among businesses and in the contractual relations of businesses with the State;
(c) Promoting transparency among private entities, including, where appropriate, measures regarding the identity of legal and natural persons involved in the establishment and management of corporate entities;
(d) Preventing the misuse of procedures regulating private entities, including procedures regarding subsidies and licences granted by public authorities for commercial activities;
(e) Preventing conflicts of interest by imposing restrictions, as appropriate and for a reasonable period of time, on the professional activities of former public officials or on the employment of public officials by the private sector after their resignation or retirement, where such activities or employment relate directly to the functions held or supervised by those public officials during their tenure;
(f) Ensuring that private enterprises, taking into account their structure and size, have sufficient internal auditing controls to assist in preventing and detecting acts of corruption and that the accounts and required financial statements of such private enterprises are subject to appropriate auditing and certification procedures.
(a) Promoting cooperation between law enforcement agencies and relevant private entities;
(b) Promoting the development of standards and procedures designed to safeguard the integrity of relevant private entities, including codes of conduct for the correct, honourable and proper performance of the activities of business and all relevant professions and the prevention of conflicts of interest, and for the promotion of the use of good commercial practices among businesses and in the contractual relations of businesses with the State;
(c) Promoting transparency among private entities, including, where appropriate, measures regarding the identity of legal and natural persons involved in the establishment and management of corporate entities;
(d) Preventing the misuse of procedures regulating private entities, including procedures regarding subsidies and licences granted by public authorities for commercial activities;
(e) Preventing conflicts of interest by imposing restrictions, as appropriate and for a reasonable period of time, on the professional activities of former public officials or on the employment of public officials by the private sector after their resignation or retirement, where such activities or employment relate directly to the functions held or supervised by those public officials during their tenure;
(f) Ensuring that private enterprises, taking into account their structure and size, have sufficient internal auditing controls to assist in preventing and detecting acts of corruption and that the accounts and required financial statements of such private enterprises are subject to appropriate auditing and certification procedures.
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No relevant elements identified/documented |
Art. 12-3
The legal framework provides for measures regarding the maintenance of books and records, financial statement disclosures and accounting and auditing standards, to prohibit the following acts carried out for the purpose of committing any of the offences established in accordance with this Convention:
(a) The establishment of off-the-books accounts;
(b) The making of off-the-books or inadequately identified transactions;
(c) The recording of non-existent expenditure;
(d) The entry of liabilities with incorrect identification of their objects;
(e) The use of false documents; and
(f) The intentional destruction of bookkeeping documents earlier than
foreseen by the law.
(a) The establishment of off-the-books accounts;
(b) The making of off-the-books or inadequately identified transactions;
(c) The recording of non-existent expenditure;
(d) The entry of liabilities with incorrect identification of their objects;
(e) The use of false documents; and
(f) The intentional destruction of bookkeeping documents earlier than
foreseen by the law.
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The Companies Act [No.10] 20171117
Preamble. The Act to provide for the formation and maintenance of a company, provide for incorporation, categorization and management of companies, provides procedure for the approval of company names, change of names and conversion of companies, provides for stakeholders rights and obligations, the conduct of meetings and passing of resolutions by shareholders. Provides for the functions and obligations of Company Secretaries and Directors, provides for issues of share capital requirements, procedure for alteration and reduction share capital and disclosure requirements for companies. Provides for the registration of foreign companies doing business in Zambia and deregistration of companies; incorporate financial reporting provisions, maintenance of accounting records, and access to financial information of companies; [...] Section 246. The Board of Directors shall cause the accounting record to be kept that - (a) correctly record and explain the transanctions of the company; (b) enable the financial (i) position of the company to be determined with reasonable accuracy (ii) statements of companies to be readily and properly audited. |
Art. 13-1
The legal framework takes appropriate measures to promote the active participation of individuals and groups outside the public sector, such as civil society, non-governmental organizations and community-based organizations, in the prevention of and the fight against corruption and to raise public awareness regarding the existence, causes and gravity of and the threat posed by corruption. This participation should be strengthened by such measures as:
(a) Enhancing the transparency of and promoting the contribution of the public to decision-making processes;
(b) Ensuring that the public has effective access to information;
(c) Undertaking public information activities that contribute to nontolerance of corruption, as well as public education programmes, including school and university curricula;
(d) Respecting, promoting and protecting the freedom to seek, receive, publish and disseminate information concerning corruption. That freedom may be subject to certain restrictions, but these shall only be such as are provided for by law and are necessary:
(i) For respect of the rights or reputations of others;
(ii) For the protection of national security or ordre public or of public health or morals.
(a) Enhancing the transparency of and promoting the contribution of the public to decision-making processes;
(b) Ensuring that the public has effective access to information;
(c) Undertaking public information activities that contribute to nontolerance of corruption, as well as public education programmes, including school and university curricula;
(d) Respecting, promoting and protecting the freedom to seek, receive, publish and disseminate information concerning corruption. That freedom may be subject to certain restrictions, but these shall only be such as are provided for by law and are necessary:
(i) For respect of the rights or reputations of others;
(ii) For the protection of national security or ordre public or of public health or morals.
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Anti-corruption Act [No.3] 20120412
Section 81(1) The Commission shall ensure that public participation in the prevention and eradication of corruption is undertaken on the principle that public participation—(a) is based on the belief that those who are affected by a problem have a right to be involved in finding a solution; (b) includes the promise that the people’s contribution will effect change; (c) promotes sustainable decision by recognising and communicating the needs and interests of all participants, including decision makers; (d) seeks input from participants in designing how they participate; (e) provides participants with information they need to participate in a meaningful way; and (f)communicates to participants how their input affects decisions. (2) The Commission shall put in place measures to facilitate the participation of individuals and groups— (a) in the prevention of, and the fight against corruption and the raising of public awareness regarding the existence, causes and gravity of and threat caused by corruption; (b) in as far as is reasonably practicable, in the decision making process; (c) in free exchange of opinions and ideas and respecting, promoting and protecting the freedom to seek, receive, publish and disseminate information concerning corruption;and (d) self mobilisation awareness raising initiatives and programmes.(3) The Commission shall inform the public of the various authorities involved in combating corruption and the services available to the public and how the public may assist and otherwise participate in ensuring the effective functioning of the authorities. (4) The Commission and the appropriate authorities shall establish mechanisms to collect and respond to public comments, concerns and questions relating to the fight against corruption including public debates and hearings. Section 82(1) The Commission shall — (a) maintain information on the harmful effects of corruption on society for dissemination to the general public; (b) subject to any other written law, provide access to any data collected on corruption for use by members of the public; (c) analyse information relating to corruption and disseminate information on patterns and trends of corruption;(d) subject to any other written law, disseminate information on practices and procedures of public and private bodies on prevention and eradication of corruption; (e) commission studies on corruption and trends impacting on corruption prevention, eradication and general ethical issues; (f)carry out public information and education campaigns; (g) advise the President on existing information gaps and needs in the fight against corruption; and (h) establish, in consultation with public and private bodies, guidelines and principles for the gathering, processing and dissemination of anti-corruption information. (2) The Commission shall publish information on the prevention, eradication and effects of corruption as it considers necessary for public education and awareness on the existence, causes and gravity of corruption. (3) The Commission shall annually cause the names of all persons convicted of offences or who have admitted guilt under this Act in a particular year to be published in the Gazette. Section 83. The Commission shall, in consultation with the relevant authorities and civil society organisations — (a) take measures for the integration of anti- corruption practices and strategies in schools, colleges and institutions of higher learning; and (b) undertake public information activities that contribute to non-tolerance of corruption and transparency and accountability in the mobilisation and utilisation of public resources and management of public affairs. Section 84. The Commission shall maintain information for the use of the general public on the laws, international anti-corruption agreements to which Zambia is a party, and any policies, plans, guidelines, studies, reports, decisions, recommendations and other publications relating to corruption published by the Commission. 85. The Commission may make guidelines relating to public participation and information for purposes of this Act." |
Art. 14-1
The legal framework:
(a) Institutes a comprehensive domestic regulatory and supervisory regime for banks and non-bank financial institutions, including natural or legal persons that provide formal or informal services for the transmission of money or value and, where appropriate, other bodies particularly susceptible to moneylaundering, within its competence, in order to deter and detect all forms of money-laundering, which regime shall emphasize requirements for customer and, where appropriate, beneficial owner identification, record-keeping and the reporting of suspicious transactions;
(b) Without prejudice to article 46 of this Convention, ensures that administrative, regulatory, law enforcement and other authorities dedicated to combating money-laundering (including, where appropriate under domestic law, judicial authorities) have the ability to cooperate and exchange information at the national and international levels within the conditions prescribed by its domestic law and, to that end, shall consider the establishment of a financial intelligence unit to serve as a national centre for the collection, analysis and dissemination of information regarding potential money-laundering.
(a) Institutes a comprehensive domestic regulatory and supervisory regime for banks and non-bank financial institutions, including natural or legal persons that provide formal or informal services for the transmission of money or value and, where appropriate, other bodies particularly susceptible to moneylaundering, within its competence, in order to deter and detect all forms of money-laundering, which regime shall emphasize requirements for customer and, where appropriate, beneficial owner identification, record-keeping and the reporting of suspicious transactions;
(b) Without prejudice to article 46 of this Convention, ensures that administrative, regulatory, law enforcement and other authorities dedicated to combating money-laundering (including, where appropriate under domestic law, judicial authorities) have the ability to cooperate and exchange information at the national and international levels within the conditions prescribed by its domestic law and, to that end, shall consider the establishment of a financial intelligence unit to serve as a national centre for the collection, analysis and dissemination of information regarding potential money-laundering.
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The Bank of Zambia Anti-Money Laundering and Combating of Terrorism or Proliferation Directive [No.474] 20170714
Directive 5(1). Where a reporting entity processess or is likely to process a transaction to which there is reasonable grounds ro suspect that any propoerty is a proceed of crime or is related to, or is to be used for, terrorism, terrorist acts or by terrorist organizations or persons who finance terrorism or proliferation, the reporting entity shall take reasonable measures to ascertain the purpose of that transaction and submit the report to the Center, setting out the grounds for the suspicion and the particulars of the transanctions within three working days forming that suspicion. (2). A reporting entity shall exercise caution when carrying out a transcation which it suspects to be related to money laundering or financing of terrorism of proliferation. (3) A reporting entity shall submit a suspicious transaction report on attempted money laundering or financing of terrorism or proliferation to the Center in accordance with Directive 5. |
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Prohibition and Prevention of Money Laundering Act [No.14] 20011108
Preamble. An Act to provide for the prohibition and prevention of money laundering; to provide for the disclosure of information on suspivion of money laundering activities by supervisory authorities and regulatory institutions [...] Section 3. There is hereby constituted the Anti-Money Laundering Authority [...] Section 4. The function of the Anti-Money Lanundering Authority shall be- (a) provide general or specific policy directives to the Commissioner and the Commissioner shall give effect to such direct; (b) to advise the Minister on measures required to prevent and detect money laundering in the Republic. |
Art. 14-5
The legal framework develops and promotes global, regional, subregional and bilateral cooperation among judicial, law enforcement and financial regulatory authorities in order to combat money-laundering.
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Prohibition and Prevention of Money Laundering Act [No.14] 20011108
Section 28. The Mutual Legal Assistance in Criminal Matters Act, applies, to offense under this Act except where the provisions of that Act is inconsistent with this Act. |
Art. 15
The legal framework establishes criminal as offences, when committed intentionally:
(a) The promise, offering or giving, to a public official, directly or indirectly, of an undue advantage, for the official himself or herself or another person or entity, in order that the official act or refrain from acting in the exercise of his or her official duties;
(b) The solicitation or acceptance by a public official, directly or indirectly, of an undue advantage, for the official himself or herself or another person or entity, in order that the official act or refrain from acting in the exercise of his or her official duties.
(a) The promise, offering or giving, to a public official, directly or indirectly, of an undue advantage, for the official himself or herself or another person or entity, in order that the official act or refrain from acting in the exercise of his or her official duties;
(b) The solicitation or acceptance by a public official, directly or indirectly, of an undue advantage, for the official himself or herself or another person or entity, in order that the official act or refrain from acting in the exercise of his or her official duties.
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Anti-Corruption Act [No.3] 20120412
Section 19(1) A public officer who, by oneself, or by or in conjunction with, any other person, corruptly solicits, accepts or obtains, or agrees to accept or attempts to receive or obtain, from any person for oneself or for any other person, any gratification as an inducement or reward for doing or forbearing to do, or for having done or forborne to do, anything in relation to any matter or transaction, actual or proposed, with which any public body is or may be concerned, commits an offence. (2) A person who, by oneself, or by, or in conjunction with, any other person, corruptly gives, promises or offers any gratification to any public officer, whether for the benefit of that public officer or of any other public officer, as an inducement or reward for doing or forbearing to do, anything in relation to any matter or transaction, actual or proposed, with which any public body is or may be concerned, commits an offence. |
Art. 16-1
The legal framework establishes as a criminal offence, when committed intentionally, the promise, offering or giving to a foreign public official or an official of a public international organization, directly or indirectly, of an undue advantage, for the official himself or herself or another person or entity, in order that the official act or refrain from acting in the exercise of his or her official duties, in order to obtain or retain business or other undue advantage in relation to the conduct of international business.
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Anti-Corruption Act [No.3] 20120412
Section 21(1). A public officer commits an offence who — (a) does, or directs to be done, in abuse of the public officer’s position, office or authority any arbitrary act prejudicial to the rights or interests of the Government or any other person; (b) uses that public officer’s position, office or authority or any information that the public officer obtains as a result of, or in the course of, the performance of that public officer’s functions to obtain property, profit, an advantage or benefit, directly or indirectly, for oneself or another person; (c) uses the public officer’s position, office or information to obtain, promise, offer, or give an undue advantage to oneself or another person, directly or indirectly, in order for the public officer to perform or refrain from performing the public officer’s duties; or (d) solicits or accepts directly or indirectly an undue advantage or benefit for oneself or for another person in order for the public officer to perform or refrain from performing the public officer’s duties. (2) For the purposes of subsection (1), a public officer shall be presumed, until the contrary is proved, to have used that public officer’s position, office or information for an advantage or benefit where the public officer takes any decision or action in relation to any matter in which the public officer or a relative or associate of that public officer, has a direct or indirect interest.(3) A public officer who, being concerned with any matter or transaction falling within, or connected with, that public officer’s jurisdiction, powers, duties or functions, corruptly solicits, accepts or obtains, or agrees to accept or attempts to receive or obtain for oneself or for any other person any gratification in relation to such matter or transaction, commits an offence. (4) A person who, being concerned with any matter or transaction falling within the scope of authority, or connected with the jurisdiction, powers, duties or functions of any public officer, by oneself, or by, or in conjunction with, any other person, corruptly gives, promises or offers any gratification, whether directly or indirectly, to such public officer either for oneself or for any other person, commits an offence. (5) A public officer who unreasonably delays, refuses, neglects or omits to perform that public officer’s duties or functions in order to procure or induce a person to offer or give gratification to that public officer, commits an offence. |
Art. 17
The legal framework establishes as criminal offences, when committed intentionally, the embezzlement, misappropriation or other diversion by a public official for his or her benefit or for the benefit of another person or entity, of any property, public or private funds or securities or any other thing of value entrusted to the public official by virtue of his or her position.
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Anti-Corruption Act [No.3] 20120412
Section 22(1) Subject to the Constitution, any public officer who —(a) maintains a standard of living above which is commensurate with the public officer’s present or past official emoluments or other income; (b) is in control or possession of pecuniary resources or property disproportionate to the public officer’s present or past official emoluments; or (c) is in receipt of the benefit of any services which the public officer may reasonably be suspected of having received corruptly or in circumstances which amount to an offence under this Act; shall, unless the contrary is proved, be liable for the offence of having, or having had under the public officer’s control or in the public officer’s possession pecuniary resources or property reasonably suspected of having been corruptly acquired, or having misused or abused the public officer’s office, as the case may be. (2) Where a court is satisfied in proceedings for an offence under subsection (1) that, having regard to the closeness of the public officer’s relationship to the accused and to other relevant circumstances, there is reason to believe that any person was holding pecuniary resources or property in trust for or otherwise on behalf of the accused, or acquired such pecuniary resources or property as a gift, or loan without adequate consideration, from the accused, such pecuniary resources or property shall, unless the contrary is proved, be deemed to have been under the control or in the possession of the accused. Section 34(1) A person who, by oneself or with or through another person, fraudulently or unlawfully — (a) acquires public funds or property or a public service or benefit for that person’s or another person’s benefit; (b) diverts any public property for purposes other than for what it is intended, for that person’s or another person’s benefit; (c) mortgages, charges or disposes of any public property for that person’s or another person’s benefit; or (d) obtains any exemption, remission,reduction or abatement from payment of any tax, fee, levy or charge required to be paid under any law; commits an offence." |
Art. 31-1
The legal framework, to the greatest extent possible within the domestic legal system, provides for such measures as may be necessary to enable confiscation of:
(a) Proceeds of crime derived from offences established in accordance with this Convention or property the value of which corresponds to that of such proceeds;
(b) Property, equipment or other instrumentalities used in or destined for use in offences established in accordance with UNCAC.
(a) Proceeds of crime derived from offences established in accordance with this Convention or property the value of which corresponds to that of such proceeds;
(b) Property, equipment or other instrumentalities used in or destined for use in offences established in accordance with UNCAC.
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The Forfeiture of Proceeds of Crime Act [No.19] 20100413
Preamble. An Act to provide for the consfication of proceeds of crime; provide for the deprivation of any person of any proceeds, benefits, or property derived from commission of any serious offense; facilitate the tracing of any proceeds, benefits and property derived from commission of any serious offense; provide for the domestication of the United Nations Convention Against Corruption. Section 20(1) Where a person obtain property as a result of, or in connection with, the commission of, a serious offense, the person's benefit is the value of property so obtained.(2) Where a person derives an advantage as a result of, or in conncetion with the commission of, a serious offense, the person's advanatage is deemed to be a sum of money equal to the value of the advantage so derived. (3) the Court, in determining whether a person has benefited from the commission of a serious offense or from that offense taken together with other serious offenses and, if so, in assessing the value of benefit, shall, unless the contrary is provided, deem- (a) all property appearing to the court to be held by the person on the day on which the application is made, and all property appearing to the court to be held at any time - (i) within the period between the day of the offense or the earliest offense, was committed and the day on which the application was made; (ii) within the period of five years immedietely before the day in which the application is made whichever is the shorter; to be property that came into the possession or under the control of the person by reasons of commission of that offense or offenses (b) any expenditure by the person since the beginning of that period to be expenditure met out of payments received by the person as aresult, or in connection with, and the commission of that offense or offences; (c) any propoerty received or deemed to have been received by the person at any time as a result or in connection with, the commission by the person of that offense or offenses to be propertyu received by the person free of any interests therein. (4) Where the consfiscation order has previously been made against the person, is assessing the value of any benefit derived by the person from the commission of the serious offense in respect of which the order was made, the court shall leave out of account any of the person's benefits that are shown to the court to have be taken into account in determining the amount to be recovered under that order.(5) If evidence is given at the hearing of the application that the value of the person's property at any time after the commission of serious offense exceeded the value of the person's property before the commission of the offense, the court shall, subject to subsection six treat the value of benefits derived by the person from the commission of offense as being not less than the amount of the excess.(6) If, after evidence of the kind referred to in subsection five is given, the person satisfies the court that the whole or part of the excess was due to causes unrelated to the commission of the offense, subsection five does not apply to the excess or, as the case may be that part. |
Art. 31-7
For the purpose of this article and article 55 of this Convention, the legal framework empowers its courts or other competent authorities to order that bank, financial or commercial records be made available or seized. (bank secrecy cannot be opposed)
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The Forfeiture of Proceeds of Crime Act [No.19] 20100413
Section 28(1). Where the Public Prosecutor applies to the court for a restraining order against propoerty and the court is satisfied that there is reasonable ground to suspect that the property is tainted property for which the a forfeiture order may be made under section thirty one, the court may make an order - (a) prohibiting any person from disposing of or dealing with, the property or any part thereof or interests except in the manner specified in the order; (b) at the request of the public prosecutor, where the court is satisfied that the circumstances so required, that the attorney general takes custody of the property or any part thereof and manage or otherwsie deal with allor any part of the property in accordance with the direction of the court. Section 29. A public prosecutor may apply to the court for an order forfeiting to the state all or any propoerty that is tainted. |
Art. 32-1
The legal framework provides for appropriate measures, in accordance with the domestic legal system and within its means, to provide effective protection from potential retaliation or intimidation for witnesses and experts who give testimony concerning offences established in accordance with this Convention and, as appropriate, for their relatives and other persons close to them.
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Anti-Corruption Act [No.3]
Section 69(1). The provisions of the Public Interest Disclosure (Protection of Whistleblowers) Act, 2010, shall apply in relation to the protection of whistleblowers and other related matters. (2) Notwithstanding subsection (1), where it appears to the Director-General that as a result of assisting the Commission or the court, the safety of a witness, expert, victim or other person may be prejudiced or the witness, expert, victim or other person may be subject to threats, intimidation or harassment, the DirectorGeneral shall make such arrangements as are necessary to protect — (a) the safety of such witness, expert or victim; or (b) any other person from threats, intimidation or harassment. (3) For the purposes of subsection (2), “assisting the Commission or court ” includes — (a) appearance or impending appearance before the Commission or the court to give evidence or produce a document or other thing; (b) production or proposed production of a document or other thing to the Commission or the court under this Act; or (c) assisting or having assisted the Commission or the court in some other manner in accordance with the provisions of this Act. (4) The Director-General may, in providing the arrangements referred to in subsection (2), collaborate with other law enforcement agencies and authorities. (5) The law enforcement agencies and authorities shall, as far as reasonably possible, assist the Director-General in the provision of arrangements for the protection of the persons referred to in subsection (2). (6) Subject to subsection (1), in any trial for an offence under this Act, a witness shall not be obliged to — (a) disclose the identity or address of an informer or person assisting or who assisted the Commission in an investigation into an alleged or suspected offence under this Act; or (b) state any matter which may disclose the identity or address of an informer or person referred to in paragraph (a). (7) Where any document which is in evidence or liable to inspection in any civil or criminal proceeding under this Act contains any entry or passage in which an informer is named or described or which might lead to the person’s discovery, the court before which the proceedings is held shall cause such entry or passage to be concealed from view or to be obliterated in such a manner as, in the opinion of the court, shall not disclose the identity of the informer. (8) An action or proceeding, including disciplinary action, shall not be instituted or maintained against a witness, expert, victim or other person in respect of — (a) assistance given by the witness, expert, victim or other person to the Commission or the court; or (b) a disclosure of information made by the witness, expert, victim or other person to the Commission or the court. |
Art. 33
The legal framework incorporates into the domestic legal system appropriate measures to provide protection against any unjustified treatment for any person who reports in good faith and on reasonable grounds to the competent authorities any facts concerning offences established in accordance with this Convention.
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Anti-Corruption Act [No.3] 20120412
Section 69(1) The provisions of the Public Interest Disclosure (Protection of Whistleblowers) Act, 2010, shall apply in relation to the protection of whistleblowers and other related matters. (2) Notwithstanding subsection (1), where it appears to the Director-General that as a result of assisting the Commission or the court, the safety of a witness, expert, victim or other person may be prejudiced or the witness, expert, victim or other person may be subject to threats, intimidation or harassment, the DirectorGeneral shall make such arrangements as are necessary to protect — (a) the safety of such witness, expert or victim; or (b) any other person from threats, intimidation or harassment. (3) For the purposes of subsection (2), “assisting the Commission or court ” includes — (a) appearance or impending appearance before the Commission or the court to give evidence or produce a document or other thing; (b) production or proposed production of a document or other thing to the Commission or the court under this Act; or (c) assisting or having assisted the Commission or the court in some other manner in accordance with the provisions of this Act. (4) The Director-General may, in providing the arrangements referred to in subsection (2), collaborate with other law enforcement agencies and authorities. (5) The law enforcement agencies and authorities shall, as far as reasonably possible, assist the Director-General in the provision of arrangements for the protection of the persons referred to in subsection (2). (6) Subject to subsection (1), in any trial for an offence under this Act, a witness shall not be obliged to — (a) disclose the identity or address of an informer or person assisting or who assisted the Commission in an investigation into an alleged or suspected offence under this Act; or (b) state any matter which may disclose the identity or address of an informer or person referred to in paragraph (a). (7) Where any document which is in evidence or liable to inspection in any civil or criminal proceeding under this Act contains any entry or passage in which an informer is named or described or which might lead to the person’s discovery, the court before which the proceedings is held shall cause such entry or passage to be concealed from view or to be obliterated in such a manner as, in the opinion of the court, shall not disclose the identity of the informer. (8) An action or proceeding, including disciplinary action, shall not be instituted or maintained against a witness, expert, victim or other person in respect of — (a) assistance given by the witness, expert, victim or other person to the Commission or the court; or (b) a disclosure of information made by the witness, expert, victim or other person to the Commission or the court. |
Art. 36
The legal framework ensures the existence of a body or bodies or persons specialized in combating corruption through law enforcement and grant them :
- the necessary independence to be able to carry out their functions effectively and without any undue influence.
- the appropriate training and resources to carry out their tasks.
- the necessary independence to be able to carry out their functions effectively and without any undue influence.
- the appropriate training and resources to carry out their tasks.
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Anti-Corruption Act [No.3] 20120412
Section 4(1). The Anti-Corruption Commission continued under the repealed Act shall continue to exist as if established under this Act, and shall be a body corporate with perpetual succession and a common seal, capable of suing and of being sued in its corporate name and with power, subject to this Act, to do all such acts and things as a body corporate may, by law, do or perform. 5. Subject to the Constitution, the Commission shall not, in the performance of its functions, be subject to the direction or control of any person or authority. Section 5. Subject to the Constitution, the Commission shall not, in the performance of its functions, be subject to the direction or control of any person. |
Art. 39-1
The legal framework provides for measures as may be necessary to encourage cooperation between national investigating and prosecuting authorities and entities of the private sector, in particular financial institutions, relating to matters involving the commission of offences established in accordance with this Convention.
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The Bank of Zambia Anti-Money Laundering and Combating of Terrorism or Proliferation Directive [No.474] 20170714
Directive 8(1) In addition to reporting a suspicious transanction to the Center, the reporting entity shall not be precluded from providing information to a law enforcement agency where transaction require immediete action; (a) cooperate with the law enforcement agencies to facilitate the exchange f information relating money laundering and proliferation. |
Art. 40
The legal framework ensures that, in the case of domestic criminal investigations of offences established in accordance with this Convention, there are appropriate mechanisms available within the state's domestic legal system to overcome obstacles that may arise out of the application of bank secrecy laws.
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Anti-Corruption Act [No.3] 20120412
Section 78. The provisions of this Act shall have effect notwithstanding any obligation as to secrecy or other restriction on the disclosure of information imposed under any written law or otherwise. |