Frequently Asked Questions of the ACC

It is a body established by an Act of Parliament to lead the fight against corruption in Sierra Leone. It was set up by the Anti-Corruption Act 2000 as the government’s response to dealing with corrupt public officials. It is an autonomous body with powers to prevent and investigate reports of corrupt practices by public officials.

2. When and how was it established?

It was established in March, 2000.

3. When did the Commission begin operation?

The Commission began operations in August 2000.

4. What is the Mission of the Commission?

The mission of the Anti-Corruption Commission is the effective prevention and control of corruption in all its forms and at all levels in Sierra Leone.

5. What are the main functions of the Commission?

The Commission was established to investigate instances of alleged or suspected corruption whether referred to it or not and to take such steps as may be necessary for the eradication or suppression of corrupt practices; to prevent corruption and to educate, and to enlist and foster public support in the fight against corruption.

6. What are the working hours of the Commission?

The normal working week is from 8.00am to 5.00pm, Monday to Thursday, and from 8.00am to 4.00pm on Friday. Staff members are required to work for extra hours during the week and on weekends if the exigencies of the job so demands.

7. How long will the Commission operate for?

The lifespan of the Commission is not stipulated in the Act. The Commission will operate for as long as it takes to fight corruption in Sierra Leone.

8. Who funds the Commission?

The Government of Sierra Leone makes budgetary provision to cover staff costs and to cover part of its operational costs.

Over the years, the Commission has received funding from other sources most notably DFID and GTZ. DFID has made immense contribution through exchange visits, training, salary for some international staff and consultants; providing resources to equip the operational costs of the Commission’s departments.

The German Government (through GTZ) has also contributed significantly towards the cost of Anti-Corruption Commission’s prevention and community education activities.

The Commission recognises the need for it to diversify its funding base.

9. What does Anti-Corruption Commission logo symbolize

The Anti-Corruption Commission’s logo has three main features: the National Flag, the Martial Eagle and the Motto.

The national flag is included in the logo to buttress the fact that the fight against corruption is a national one. It also signifies the fact that if corruption is conquered the benefits will be realized by all Sierra Leoneans. The green colour in the flag represents agriculture, natural resources and our mountains; the white represents unity, peace and justice and the blue represents our unique natural harbour.

The martial eagle, whose head is placed in the center of the logo, is the largest and most powerful eagle of the open savannah. It is often seen perched erect on a tree top waiting for its prey. The Commission’s emphasis in using this species of eagle on its logo is not exactly on her predatory trait; rather, it is on her omniscient nature.

On this logo the martial eagle symbolizes an ever-present eye, watching every Sierra Leonean particularly functionaries in both the public and private sectors, as they carry out their varied functions.

DEFINITION

10. What is the definition of corruption in Sierra Leone?

Corruption is commonly defined as “the abuse of public office for private gain”. It has also been defined as the abuse of entrusted power for personal gain or for the benefit of a group to which one owes allegiance. In our local parlance it is sometimes referred to as “yuki yuki” (shady deeds).

The Anti-Corruption Act does not define the terms “corruption” or “corrupt practices”. However, the Act refers to a number of practices as corrupt practices. These are as follows:

CORRUPT ACQUISITION OF WEALTH: A public officer is guilty of the offence of corrupt acquisition of wealth if it is found, after investigation by the Commission, that he is in control or possession of any resources or property or in receipt of the benefit of any advantage which may reasonably be suspected of having acquired or received corruptly or in circumstances which amount to an offence under this Act.

SOLICITING OR ACCEPTING ADVANTAGE: Any public officer who solicits or accepts any advantage as an inducement to or reward for or otherwise on account of his performing or abstained from performing any act in his capacity as a public officer; is guilty of an offence.

USING INFLUENCE FOR CONTRACTS: Any person who, whether in Sierra Leone or elsewhere, offers an advantage to a public officer as an inducement or reward for or on account of such public officer giving assistance or using influence, or having given assistance or used influence in is guilty of an offence.

CORRUPTING PUBLIC OFFICER: Any person who, while having dealings of any kind with any public body, gives any advantage to a public officer or any other person to influence any public officer is guilty of an offence.

SOLICITING OR ACCEPTING ADVANTAGE FOR PUBLIC OFFICERS: Any person who solicits or accepts any advantage for or on behalf of any public officer is guilty of an offence.

MISAPPROPRIATION OF PUBLIC FUNDS OR PROPERTY: Any person who misappropriates public revenue, public funds or property is guilty of an offence.

MISAPPROPRIATION OF PUBLIC FUNDS OR PROPERTY: Any person who, being a member or an officer or otherwise in the management of any organization which is a public body, dishonestly appropriates anything, whether property or otherwise, which has been donated to such body in the name, or for the benefit of the people of Sierra Leone or a section thereof is guilty of an offence.

IMPEDING FOREIGN INVESTMENT: Any public officer who knowingly performs or abstains from performing any act in his capacity as a public officer in order that a non-citizen investor or potential investor is coerced, compelled or induced to abandon his investment or, as the case may be, is prevented from proceeding with his initial investment, to the advantage of any other person is guilty of the offence of corruption in respect of foreign investment.

CORRUPT TRANSACTIONS WITH AGENTS: Any agent who, without lawful authority or reasonable excuse, solicits or accepts any advantage as an inducement to or reward for or otherwise on account of his performing or abstaining from performing or having performed or abstained from performing any act in relation to his principal affairs or business is guilty of an offence.

11. What is an advantage?

The Act prevents public officers from soliciting or accepting an advantage. It also prohibits the offering of an “advantage” to public officers as an inducement or reward in order to influence a contract.

In the Anti-Corruption Act “advantage” includes

Any gift, loan, fee, reward or commission consisting of money or any valuable security or other property or interest in property.
Any office, employment or contract
Any payment, discharge or liquidation of any loan; and
Any other benefit or favour (except entertainment).

12. Can you consider as an act of corruption or sign of appreciation if a public officer received a gift from an individual after a successful performance of duties?

The Act does not define a gift. However, if for example, the gift is was given as an inducement to or reward for or otherwise on account of the public official performing or abstaining from performing any act in his capacity as a public officer then it will be considered as a corrupt practice.

MANDATE

13. What is the mandate of the Commission?

The Anti-Corruption Commission is mandated to provide for the prevention of corrupt practices:

Ø By taking necessary measures for the prevention of corruption in Government ministries, departments and other public bodies including instructing, advising and assisting any person or authority on ways in which corruption practices can be reduced.

Ø By educating the public about the ills of corruption and by soliciting public support in the fight against corruption.

Ø By investigating instances of alleged or suspected corrupt practices referred to it by any person or authority or which comes to its attention by way of complaint or otherwise.

14. What are the main strategies put in place by the Commission to carry out its mandate in the near future?

The Commission uses a three-pronged approach of public education, corruption prevention and confrontation to fight corruption. The Commission’s strategy highlights five core principles – that fight against corruption must be an integral part of the overall public sector reform process; that all entities constituting the Pillars of Integrity shall demonstrate zero-tolerance to corruption in all its forms; that a comprehensive and multidisciplinary approach is required to prevent and combat corruption effectively; that success in combating corruption requires forging alliances amongst the state, civil society and the private sector and that in executing the measures against corruption, the supremacy of the law prevails.

15. Is the mandate of the Commission to fight corruption limited to government and public authorities only or binds the private sector as well?

The main emphasis in the Act is on public officers, but that does not limit the Commission to them. Some of the offences created in the Act can apply to persons who are in the private sector. If a person from the private sector while having dealings of any kind with any public body, gives any advantage to a public officer or any other person to influence any public officer that person is guilty of an offence under the Act.

The Commission has also engaged the private sector in its prevention and public education work. The Commission is committed to the promotion of effective standards of integrity, transparency and accountability in the public and private sector.

16. Does the operation of the Commission cover the whole of Sierra Leone?

The Act gives the Commission the mandate to cover the entire country. However, due to financial reasons the Commission has only one functional office outside the capital, Freetown. This office is in Bo in the south of Sierra Leone. A building has been rented in Makeni in the north of Sierra Leone but the office is not yet operational. The Commission has plans to open an office in Kenema in the east of Sierra Leone.

17. Do Anti-Corruption laws bind Sierra Leoneans working in our embassies and consulates?

Yes. Sub section (1) of section 9 of the Anti Corruption Act 2000 states that any person who whether in Sierra Leone or elsewhere offers an advantage to a public officer as an inducement etc is guilty of an offence. Sub section (2) of section 9 of the Anti-Corruption Act 2000 states that any public officer who, whether in Sierra Leone or elsewhere solicits or accepts any advantage as an inducement etc to or a reward etc is guilty of an offence. Sierra Leoneans in embassies and consular abroad fall within this category.

18. Do the Anti-Corruption laws bind non-Sierra Leoneans working for NGOs?

Yes it does. The Anti-Corruption Act 2000 defines a public body as including any organisation, whether local or foreign, established to render any voluntary social service to the public or any section thereof or for other charitable purposes, which receives funds or other donation for the benefit of the people of Sierra Leone.

19. Who is a Public Officer?

According to the Anti-Corruption Act 2000, a public officer means a holder of a public office. "Public office" means an office in the service of the Government of Sierra Leone, and includes service in, the offices of President, Vice-President, Minister, Deputy Minister, Attorney-General and Minister of Justice, member of Parliament, Magistrate, Judge of the Superior Court of Judicature, and offices in the Armed Forces, the Police Force, a public corporation or on the board thereof; a local authority, any commission or committee established by or under the Constitution or by or under any law or by the Government.

20. Has the Anti-Corruption Commission the mandate to investigate the President?

Yes. In Part I of the Anti Corruption Act, a “public officer” is defined as a holder of a public office. Public offices are defined as including the offices of the president, vice-president, minister, deputy minister, etc. The holders of all of these offices may be investigated by the Commission.

21. Are there persons immuned from the investigations of the Commission?

The Act does not exclude any Sierra Leonean from investigation. However the Constitution of Sierra Leone, which is the supreme law, gives the President immunity from prosecution whilst he is in office. Sub section of Section 48 of the Constitution provides that while “any person holds or performs the functions of the office of President, no civil or criminal proceedings shall be instituted or continued against him in respect of anything done or omitted to be done by him either in his official or private capacity.”

22. Does the Commission cooperate with other agencies in carrying out its mandate?

Yes. The Anti-Corruption Commission collaborates with other public and private bodies and with civil society. Some of the institutions the Commission works with includes the Ministry of Finance, the Accountant-General’s Department, the Audit Department, National Public Procurement Authority, Office of National Security, the Sierra Leone Police, Parliament and its oversight committees and the National Accountability Group (NAG). The Commission also collaborates with a number of international organisations like Interpol.

23. Are the police, military and prison officers excluded from the Anti-Corruption Commission’s mandate?

No, they are not. They are public officials so they fall within the mandate of the Commission.

PREVENTION

24. Is Prevention a good strategy to fight corruption?

Prevention has been recognized globally as one of the three fronts in the fight against corruption. Corruption flourishes in weak systems. By undertaking preventive actions such as examination and reviewing of system and procedures, monitoring projects, work practices and public officials, holding corruption related workshops, promoting best practice guides, good corporate governance, ethics and codes of conduct, the incidents of corruption can be eliminated thus resulting in improved transparency, accountability, effective service delivery, economic and social stability and the eradication of poverty. As the saying goes Prevention is better than Cure.

25. What does a Prevention Officer do?

The Commission employs several prevention officers. A Prevention Officer is mandated to prevent and eliminate opportunities for corruption in Government ministries, departments and other institutions and organizations that fall within its mandate under the Act. In the execution of their duties, Prevention officers thoroughly study systems and procedures in public offices and review their work practices. Following the review they develop and recommend systems and procedures that promote accountability and help reduce or eradicate corrupt practices. Institutions are then advised about these recommendations and if implemented, Prevention officers monitor the implementation so as to ensure compliance.

INVESTIGATION

26. Can the Commission prosecute cases of corruption?

The Commission cannot institute prosecution without the written consent of the Attorney General and Minister of Justice. Sub section (1) of section 48 provides that no prosecution shall be instituted under this Act without the written consent of the Attorney-General and Minister of Justice.

Sub section (1) of Section 36 of the Act provides that where the Commissioner is of the opinion that the findings of the Commission on any investigation warrants consideration by the Attorney-General and Minister of Justice as to whether any criminal proceedings may be instituted thereon, he shall send the report of the investigation to him.

27. Can the Commission arrest and detain corrupt officials on its own?

Yes. An investigating officer authorized in that behalf by the Commissioner may, without warrant, arrest any person upon reasonable suspicion of his having committed or of being about to commit an offence under this Act.

28. What can the Commission do to retrieve stolen public money stashed away in international banks by convicted corrupt officials?

Sierra Leone as signed the United Nations Convention against Corruption (UNCAC). A fundamental principle of the Convention is asset recovery. Several provisions of the Convention specify how cooperation and assistance are to be rendered. In particular, in the case of embezzlement of public funds, the confiscated property is to be returned to the State requesting it; in the case of proceeds of any other offence covered by the Convention, the property is to be returned providing proof of ownership or recognition of the damage caused to a requesting State; in all other cases, priority consideration is to be given to the return of confiscated property to the requesting State, to the return of such property to the prior legitimate owners or to compensation of the victims. Effective provisions on asset recovery contained in the Convention are to support the efforts of States to redress the worst effects of corruption while, at the same time, sending a message to corrupt officials that there is no place to hide their illicit assets.

29. Is protection provided for persons who report cases of corruption to the Commission?

The Commission provides protection for anybody who informs the Commission of corrupt practices.

30. Are there penalties for persons who make false reports or mislead the Commission?

Yes. Sub section (1) of section 6 of the Act provides that any person who wilfully—

a. makes or causes to be made to the Commission a false complaint or report that an offence has been committed under this Act; or

b. misleads the Commission by giving false information or making any false statement or accusation;

commits an offence and shall be liable on conviction, to a fine not exceeding one million Leones or to imprisonment for a term not exceeding one year or to both such fine and imprisonment.

31. What will the Commission do if a person or institution refuses to cooperate with its investigations?

The Commission has powers to inter alia enforce the attendance of witnesses and examine them and to compel the disclosure of any information or the production of any accounts, books, documents or articles. Failure by a person or institution to cooperate with the Commission is an offence under the Act.

32. How many cases has the Anti Corruption Commission successfully investigated and prosecuted since its inception?

58 cases as at 2006. Over 70 people have been convicted for corruption.

33. Is there a special Anti-Corruption Court?

No. However, corruption cases are usually referred to specially assigned judges of the High Court.

EDUCATION

34. Is education important in the fight against corruption?

Through education the public would be able to know about the evils of corruption, the benefits of living in a country where the level of corruption is low; and would be convinced to support the Commission in the fight against corruption. Public understanding of the link between high levels of corruption and the absence of sustainable development through adequate and relevant awareness campaigns has the potential to generate hate for the practice and build resolve for engagement in the war against it.

35. What does the Community Relations unit of the Commission do?

As provided by the Act, the Community Relations Department is engaged in educating the public against the evils of corruption and enlisting and fostering public support in combating corruption. The approach for accomplishing such public enlightenment includes but is not limited to the following: developing training and sensitization modules in anti corruption for use across the Pillars of Integrity; Media campaigns involving the use of print, electronic media and theatre; the strengthening of our 27 integrity clubs in schools; Organising customised meetings with the three arms of government, and public and private institutions and with civil society; Building coalitions with civil society and other institutions in the fight against corruption; Production of promotional materials such as billboards, t-shirts, bumper stickers, fact sheet on the Commission, posters and calendar and the publication of newsletters; Mounting public lectures, symposia, seminars and workshops and including the anti corruption issues in syllabuses for educational institutions.

REPORTING

36. How can someone report corrupt practices to the Commission?

You can report corrupt practices to the Commission:

In person at Cathedral House, 3 Gloucester Street, Freetown and 37 Kissy Town Road, Bo.
By letter addressed to the Commission
Telephone on 223645
Email – report@anticorruptionsl.org
Internet on our website www.anticorruptionsl.org

37. Can the people trust the Commission to treat their information confidentially?

Yes people can trust the staff of the Commission to make reports to them. All reports are treated as confidential. The Act provides that the Commission shall provide every protection for the sources of its information. The Act further provides that no witness in any civil or criminal proceeding shall be obliged to disclose the name or address of any informer who has given information to the Commission with respect to an offence under this Act or of any person who has assisted the Commission in any way with respect to an offence; or to answer any question if the answer thereto would lead, or would tend to lead, to discovery of the name or address of such informer or person, if, in either case, such informer or person is not himself a witness in such proceeding.

The Commission’s Code of Conduct and Conditions of Service are replete with provisions regulating the treatment of confidential information. One of the core values of the Commission is that “(A)ll officers of the ACC will at all times perform their duties with the highest degree of integrity, objectivity, professionalism, honesty, competence, commitment, due diligence and without compromising on confidentiality.”

The code of conduct further provides that “(B)ecause the Commission’s work involves access to sensitive and confidential information that may come into their possession during an enquiry, investigation or consultation, Officers are required to use such information only in the performance of official duties. Any breach of confidence may result in disciplinary action being taken against the Officer concerned.”

The code further provides that “Officers may not use information gained in the course of official duties to gain improper personal advantage or for any other person. Such use of information for improper advantage includes providing information from official records to any person outside the Commission for reasons not directly related to the work of the Commission.”

38. To whom is the Commission mandated to report to on its operations?

Sub Section (2) of Section 4 of the Act provides that the Commission shall be accountable to the people of Sierra Leone.

39. Is there any reward (financial or otherwise) given to people who expose corruption?

Yes. In 2005 the Commission announced a financial reward of up to Le20,000,000/00 (Twenty Million Leones) for information leading to the conviction under the Act.

APPOINTMENT

40. Who appoints the Commissioner and Deputy Commissioner of the Commission?

The Commissioner and Deputy Commissioner are appointed by the President of the Republic of Sierra Leone with the approval of Parliament.

41. How are staff recruited in the Commission?

Apart from the Commissioner and Deputy Commissioner all other staff members of the Commission are recruited by the Commission. The recruitment process is fair and open and appointment decisions will be based solely on merit. There is no unfair discrimination on the basis of, inter alia, age, disability, gender, marital status, sexual orientation, ethnicity, community background, political opinion or religious beliefs. Management and executive vacancies will be advertised simultaneously internally and externally to attract the best possible candidates for the position and encourage open competition. Vacancies for positions below this level will be advertised internally first and if no suitable candidate is found, external candidates will be invited to apply. All applicants are subjected to a probity check before, during and at the end of their employment with the Commission. A few members of staff were seconded to the Commission from other institutions.

INDEPENDENCE

42. Is the Commission an independent body?

Yes the Commission is an independent institution. Section 53 of the Act provides that the Commission shall not, in the performance of its functions, be subject to the direction or control of any person authority.

ACHIEVEMENTS

43. To which extent has the Anti-Corruption Commission been proactive in its fight

A Pro-Active Unit has been created within the Investigations Department in the Commission. The Unit works closely with the intelligence Department to help collect information and intelligence which aids the Commission’s work.

The Prevention Department also undertakes proactive interventions. The Anti-Corruption Commission has paid unannounced visits to MDAs that are classified as high-risk and serious corruption proned areas to conduct investigative audit trails and systems review to forestall loss of revenue to government.

ADVISORY COMMITTEE

44. How are the members of the Advisory Committee appointed?

They are appointed by the President subject to the approval of Parliament.

45. What is their role?

They advise the Commission on inter alia the appointments and discipline, including termination, of staff.

MISCELLANEOUS

46. How can an individual help fight corruption?

Broad based participation is crucial to the fight against corruption. It is the responsibility of the public to preach, practice and uphold honesty and integrity and report incidents of corruption for the good of the nation.

47. Some people consider the Anti-Corruption crusade as a witch-hunt against people who fall out of favor with the government. Is this true?

This perception is erroneous. The Commission only considers investigation and /or prosecution of public officers if and only if it has evidence that an offence under the Act has been or is about to be committed. It is not engaged in witch-hunt and is not influenced by political views in the conduct of its work.

To ensure staff remain independent, If during the course of an investigation or any other duty a staff encounters information which involves people, organisations or activities in which the Officer has a personal interest, such a fact must be reported promptly to the Commissioner who will decide whether or not the Officer will continue to be involved in the matter in question. Personal interest includes an enquiry or investigation relating to a political figure where the officer concerned is sympathetic to that figure and/or his or her party.

Under the conditions of service, staff members are prevented from holding office in or addressing any political party, organisation or movement.

Yes, although isolated there have been a couple of instances of threats, molestation and assault to some members of our staff. Impeding the work of a staff of the Commission is an offence under the Act and Commission will vigorously prosecute any threats, molestation, assault or other forms of restraints against it staff in the conduct of their official duties.

49. Has Sierra Leone ratified any international convention relating to corruption?

Yes. Sierra Leone signed the United Nations Convention against Corruption Resolution 58/4 of 31^st October 2003, on the 9^th of December 2003 and ratified it on 30^th September 2004. Sierra Leone also signed the African Union Convention on Preventing and Combating Corruption on 9^th December 2003 but has yet to ratify the same.

50. Is a public officer under a duty to declare his/her asset?

Under the current law, the only officials required by law to declare their assets are officials serving in Local Government Councils. The new Act will make provision for the declaration of assets of all public officials. Asset declaration is an essential preventive tool in deterring the illegal acquisition of wealth by public officials and as such holders of public offices are now been required to declare their assets.