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Anti-Corruption Commission Act

LAWS OF SOUTHERN SUDAN
The Southern Sudan Anti-Corruption Commission Act,
2009

In accordance with the provisions of Article 59 (2) (b) read together with Article
85 (1) of the Interim Constitution of Southern Sudan, 2005, the Southern Sudan
Legislative Assembly, with the assent of the President of the Government of
Southern Sudan hereby enacts the following:
Chapter I
Preliminary Provisions
Section 1. Title and Commencement This Act may be cited as “The Southern Sudan Anti-Corruption Commiss ion Act,
2009” and shall come into force on the date of its signature by the President.

Section 2. Repeal and Saving Any provisions of an existing legislation in Southern Sudan which are governe d
by this Act are hereby repealed or cease to operate in Southern S udan; provided
that, all proceedings, orders and regulations taken or made thereunder, except to
the extent they are cancelled by or are otherwise inconsistent w ith the provisions
of this Act, shall remain in force or effect, until they are rep ealed or amended in
accordance with the provisions of this Act.

Section 3. Purpose This Act provides for the establishment and governance of an independent
commission to prevent and combat corruption at all levels of Governme nt and
Institutions, as well as to direct and provide oversight for the re quirement under
the Interim Constitution of Southern Sudan, 2005 for all persons holding
constitutional posts and senior public officers to make declaration of their income,
assets and liabilities, and any other issues related thereto.

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Section 4. Authority and Application
(1) This law is drafted in accordance with the provisions of Artic le 147(1) of
the Interim Constitution of Southern Sudan, 2005, which grants the
Government of Southern Sudan the authority to establish a Commission to
prevent and combat corruption and corrupt practices provided for, in this
Act.

(2) The provisions of this Act shall apply throughout Southern Sudan in all matters related to the functions and duties of the Commission as provided
in this Act.
(3) This Act shall apply to Public Officials, public entiti es, corporations, all
other commercial enterprises, non-governmental organizations whether
national or international, foundations, trusts, charities and civil socie ty
organizations and individuals, using, public or handling public resources
or property.

Section 5. Interpretations In this Act, unless the context otherwise requires, the following w ords and
expressions shall have the meanings assigned to them respectively:-
“Advantage” means:-any benefit or favour including;
a) Any gift, loan, fee, reward or commission, consisting of money or of any
value security or other property or interest in property;
b) Any office, employment or contract;
c) Any payment, discharge or liquidation of any loan; or
d) Any other benefit or favour.
“Agent” means any person employed by or acting for another, including a trustee,
administrator, executor, a person employed in the public service or under any
corporation or public body and any person employed by or acting for a
subcontractor.

“Assembly” means the Southern Sudan Legislative Assembly;
“Auditor-General” means the head of the Southern Sudan Auditor General
Chamber;
“Chairperson ” means the Chairperson of the Commission appointed by the
President;
“Commission” means the Southern Sudan Anti-Corruption Commission;
“A member of the Commission ” means a person appointed in accordance
with the provisions of this Act, and unless the context otherwise requires, shall
include the Chairperson, Deputy Chairperson and members;

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“Court” means competent court of Southern Sudan ;
“Constitution” means the Interim Constitution of Southern Sudan, 2005;
“Corrupt practices” means soliciting, accepting, obtaining, giving, promising or
offering of a gratification by way of a bribe or other personal temptation or
inducement, or the misuse of a public institution/authority or office to achieve
private advantage or benefit to the person or others;
“Corruption” means a conduct comprising an offence under section 89 through
102 and sections 105 through 108 of the Penal code, 2008 and includes conduct
comprising a conspiracy or attempt to commit or engage in an activity that would
constitute a corrupt conduct under those sections.
“Dealing” means:
(a) any purchase, sale, loan, charge, mortgage, pledge, caveat, transfer,
delivery, assignment, subrogation, transmission, gift, donation,
trust, settlement, deposit, withdrawal, transfer between accounts, or
extension of credit;
(b) any agency or grant of power of attorney; and
(c) any act which results in any right, interest, title or privilege ,
whether present or future or whether vested or contingent, in the
whole of or in part of any property being conferred on any person;
“Deputy Chairperson” means the second highest authority of the Commission,
next to the Chairperson; “Document” means the deeds, agreements, title papers, letters, receipts, and other
instruments used to prove a fact.
“Domestic Relationship ” means father, mother, spouse, other partner in a domestic
relationship, child, brother, sister, uncle, aunt and cousins and their spouses;
“Ethics Infrastructure” means
mechanisms, bodies, procedures or the necessary
conditions that serve to reduce substantially unethical conduct and encourage
efficiency and integrity in public service; “ Executive Director ” means the Chief Administrator of the Commission in
charge of its day to day activities;
“Government” means the Government of Southern Sudan (GoSS);
“Gratification” means:-
a) Money or any gift, loan, fee, reward, commission, valuable security or other
property or interest in property of any description, whether movable or
immovable;
b) Any office employment or contract;
c) Any payment, release, discharge or liquidation of any loan, obligation or other
liability, whether in whole or in part;
d) Any other services, favour, or advantage of any description, including
protection from any penalty or disability incurred or apprehended of from any
action or proceedings of a disciplinary or penal nature, whether or not already
instituted, and including the exercise or the forbearance from the exercise of
any right or any official power or duty; and

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e) Any offer, undertaking or promise of any gratification within the meaning of
subparagraphs (a), (b), (c), (d)
“Public Body” means:
(a) Government, or any Government Ministry, the Bank of Southern Sudan, or any department, institution or undertaking thereof;
(b) any State government, department, institution of the State or undertaking thereof;
(c) any local government authority;
(d) any authority, board, commission, corporation, committee or other body, whether paid or unpaid, which is vested with or is
performing, whether permanently or temporarily and in part or
wholly, functions and duties of public nature, whether located
within or outside Southern Sudan;
“Minister” means Minister for Legal Affairs and Constitutional Development

“National Constitution” means the Interim National Constitution (INC);
“Official income” means salaries, wages, allowances, pensions, gratuities and
other monies paid to a public officer by virtue of his or her appointment as public
officer.
“President” means the President of the Government of Southern Sudan;
“principal” means an employer, a beneficiary, under a trust, and a trust estate as
though it were a person and any person beneficially interested in the estate of a
deceased person as though the estate were a person and in the case of a person
employed in the public service or a public body includes the government or the
public body, as the case may be
“Property” means real or personal property of every description, including
money, whether situated in Southern Sudan or elsewhere and includes any
interest in movable or immovable property; “Public Office” means an office in the service of the government of Southern
Sudan and includes service in the offices of President, Vice President, Ministe r,
State Governor, Undersecretary, Member of the Legislative Assembly,
Magistrate, Judge, Justice, offices in the armed forces, the police forces, w ildlife
service, fire bridge, a public corporation or on the Board thereof; a local authority,
any commission or committee established by the government of Southern Sudan

“Public Official” means:
(a) any member of Southern Sudan and State government including
the President, Vice President, Minister, Assembly Member,
Governor, State Minister, and County Commissioner;
(b) Judge of the Judiciary;
(c) persons employed or engaged in any capacity, including unpaid,
part-time or temporary employment in government institutions as
defined or who are under the control and supervision of an

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employer who is a government institution as defined in this section
whether or not they are called employees;
“Public Service” means the Public Service of Southern Sudan;
“Public Service laws” means the laws, regulations and policies on public service as
may be in effect from time to time in Southern Sudan;
“Domestic Relationship ” means father, mother, spouse, other partner in a domestic
relationship, child, brother, sister, uncle, aunt and cousins and their spouses;
“Senior Civil Service Officials” includes all under-secretaries and directors general
of Government Institutions;
“Southern Sudan” means the territory which comprises the ten states into which
the previous regions of Upper Nile; Bahr EL Ghazal and Equatoria have been
decentralised;
“Support staff” means the support staff employed by the Commission excluding
the Commissioners.
Chapter II

Establishment, Composition and Functions

Section 6. Establishment of the Commission (1) “The Southern Sudan Anti-Corruption Commission” (hereinafter called
“the Commission”) is hereby established as an autonomous Commission
in Southern Sudan, to be responsible for the investigation of cases of
corruption with a view to protecting public property, combating
administrative malpractices in public institutions, and requiring, under the
ICSS, all public office holders to make declaration of their incom e, assets
and liabilities.
(2) The Commission shall be independent and impartial, and shall exerc ise its
powers and perform its functions and duties in an open, objective,
transparent and non-discriminatory manner, without fear or favour.
(3) The Commission shall have the powers of a body corporate and shall have
the right to:
(a) acquire, hold and dispose of movable and immovable property;
(b) sue and be sued; and,
(c) do all acts and things a body corporate may lawfully do.

(4) The Commission shall be accountable to the public through the P resident
and the Assembly.

(5) The Commission shall have its head office in Juba the Capit al of Southern
Sudan

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Section 7. Official Seal and Logo
(1) The official seal and logo of the Commission shall be in a form to be
determined by the Commission.

(2) The official seal when affixed to any document shall be authenticate d by
the signature of the Chairperson or any other person whom he or she may
authorise.

Section 8. Composition of the Commission (1) The Commission shall consist of:-
a) Chairperson;
b) Deputy Chairperson; and
(c) Three members of the Commission. (2) In the composition of the Commission, at least twenty-five perce nt of the
aggregate membership shall be women.
(3) The Chairperson, Deputy Chairperson and members of the Commission shall
be appointed by the President and approved by the Assembly by a simple
majority of all the members.

Section 9. Functions of the Commission (1) The functions of the Commission shall be to:-
(a) protect public property;
(b) investigate cases of corruption involving public property as well as
the private sector; such investigation shall be submitted to the
Ministry of Legal Affairs and Constitutional Development for
appropriate action;
(c) coordinate with any agency of Government in the investigation of
cases of corruption;
(d) combat conducts which tend to promote or encourage corrupt
practices in public affairs;
(e) combat administrative malpractices in public institutions such a s
nepotism, favouritism, tribalism, sectionalism, gender
discrimination, bribery, embezzlement and sexual harassment;
(f) enlist and educate the public and foster public support in combating
corruption and corrupt practices.
(g) Collaborate with Southern Sudan, national, regional and
international professional scientific institutions and organizations.
(2) The Commission may engage in such other functions and duties and exercise
such other powers as entrusted to it by or under the ICSS, the President, and
the provisions of this Act and or any other law.

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Chapter III

Governance of the Commission

Section 10. Governance of the Commission

The Commission shall have the following governance structures:- (1) The Commission; and
(2) The Management.

Section 11. The Commission (1) The powers of the Southern Sudan Anti-Corruption Commission shall vest
in the Commission which shall be the highest policy making body.
(2) Decisions of the Commission shall be made in a transparent ma nner,
independent of political, industrial and other influences. The members of
the Commission, including the Chairperson and Deputy Chairperson, shall
comply with the provisions of the Commission’s standard of conduct.
(3) Without prejudice to the provisions of section 9 of this Act, the functions
of the Commission shall be to:-
(a) set policies, objectives and guidelines for the Commission;
(b) set priorities and annual performance targets for the Commission;
(c) review and evaluate the performance of the Commission;
(d) assess and approve the annual reports and accounts of the Commission;
(e) oversee the process of realising the vision and strategic goals of the
Commission;
(f) mobilise resources for the activities of the Commission as set out
in this Act;
(g) protect the independence and autonomy of the Commission and;
(h) approve the annual budget of the Commission for submission to the Assembly in the General Annual Budget of the Government.

(4) The Commission shall also:-
(a) audit the operations of the Commission for the purpose of monitoring its compliance with the law;
(b) deal with complaints of abuse of power, impropriety and other forms of misconduct on the part of the Commissioners or those
engaged by the Commission;
(c) deal with conduct amounting to maladministration including, actions or commissions contrary to law, or unreasonable, unjust,

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oppressive or discriminatory, or based wholly or partly on
improper motives ,or delay in the conduct of investigations or
unreasonable invasions of privacy by the members of the
Commission or officers of the Commission;
(d) assess the effectiveness and appropriateness of the procedure s of
the Commission relating to the legality or propriety of its activities.

(5) The Commission may take whatever steps it deems necessary in order to
carry out its functions and duties, including but not limited to:
(a) investigating any aspect of the Commission’s operations or any conduct of member of the Commission or officers of the
Commission;
(b) requiring the member of the Commission and officers of the Commission to supply information or produce documents or other
things about any matter relating to the Commission’s operations or
any conduct of a member of the Commission or officer of the
Commission, or to appear before the Commission to answer
questions;
(c) investigating and assessing complaints about member of the Commission or officers of the Commission;
(d) take disciplinary action against the member of the Commission or
officers of the Commission, or recommend criminal proceedings to
the Ministry of Legal Affairs and Constitutional Development
where there is a reasonable suspicion that a criminal offense has
been committed.

(6) The Commission may in accordance with the provisions of this se ction, on
its own, exercise its functions, duties and powers or in response to a
complaint made to the same.

(7) The Commission shall report periodically and annually, as the case m ay be, to
the President and the Assembly.

(8) The Commission shall approve projects, programmes and activities pr oposed
by the Executive Director or a Committee.

Section 12. Management of the Commission (1) The Commission shall be administered by the Executive Director under
the supervision of the Chairperson of the Commission.
(2) The Executive Director shall be a person of ten years experienced and
qualified to be appointed Director General.
(3) The Executive Director shall be appointed by the President on the
recommendation of the Commission.
(4) The Commission shall appoint other officers on such terms and
conditions subject to the provisions of section 46 of this Act.

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Section 13 Functions and Duties of the Chairperson
(1) Management of the Commission shall be under the direct supervision of the
Chairperson. (2) Without prejudice to the generality of subsection (1) above, the Chairpe rson
shall have the following powers, functions and duties:-
(a) representing the Commission in official functions and occasions, in
Southern Sudan, nationally, regionally and internationally;
(b) providing the oversight of and monitoring the use of funds of the
Commission;
(c) providing periodic reports to the President and the Assembly as
approved by the Commission;
(d) appointing, within budgetary limitations, on the recommendation
of the Executive Director and approval of the Commission, the
officers and staff of the Commission in accordance with the Publ ic
Service laws and regulations;
(e) monitoring and evaluating the performance of the Commission;
and
(f) performing other functions and duties as may be prescribed by the
Commission, the President, this Act or any other law.

Section 14. Eligibility and Appointment
(1) The Chairperson, Deputy Chairperson and Commissioners shall be
selected from persons of:-
(a) high moral reputation and integrity;
(b) possess the necessary qualifications, expertise and experience in matt ers
related to exposing and preventing corruption and promoting the integrity of Government Institutions, having regard to gender balance.

(2) Without prejudice to the generality of subsection (1) above, a person shall
be eligible for appointment to serve as the Chairperson, Deputy
Chairperson or a member of the Commission if he or she meets the
following additional requirements:
(a) a Sudanese citizenship;
(b) be of sound mind and high character;
(c) be at least thirty five years of age;
(d) not employed in the civil service or any other branch of Government;
(e) not a holder of an official office or an employee of a political party;
(f) not a holder of an elected position at any level of government;
(g) possesses the skills and knowledge relevant to the work of the Commission or qualifications deemed relevant to the position;

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(h) not an undischarged bankrupt or insolvent; and,
(i) not been convicted of an offence involving dishonesty or moral
turpitude.

Section 15. Functions and Duties of the Executive Director
(1) Serve as the Chief administrator responsible for the day to day activitie s of
the Commission and implement decisions of the Commission and
supervision of the staff.
(2) Supervise the practical implementation of the provisions of this Act.
(3) He or she shall be the secretary of the Commission as an ex-officio member
(4) Table, three months before the beginning of each financial year, to the
Commission, a work plan for the next financial year, setting out all the
objectives and activities of the Commission for the year, as well as estimates
of expenditure and revenue related to the work plan.
(5) Table reports, within three months after the end of the financial year, to the
Commission, with regard to the activities of the Commission in the preceding
financial year.
(6) Initiate polices and framework documents for the Commission;
(7) Initiate internal polices and procedures including job description of the
support staff and organizational chart of the Commission.
(8) Receive and execute resolutions and directives of the Commission.
(9) The Chief financial and administrative officer of the Commission; and
(10) Perform other functions and duties prescribed under this Act or any other
law, rules and regulations.

Section 16 . Declaration of Assets
The Chairperson, Deputy Chairperson, member of the Commission, Executiv e
Director and any other senior public service official employed by t he Commission
shall, upon assumption of his or her office, make confidential declarati on of his or
her assets, liabilities and income including those of his or her spouse and children
in accordance with the applicable law.

Section 17. Tenure, Resignation and Removal (1) The tenure of office of the Chairperson, Deputy Chairperson and me mbers
of the Commission shall be four years, subject to renewal for one
additional term.

(2) The Deputy Chairperson or a member of the Commission may resign by a
letter addressed to the President through the Chairperson. In case of the
Chairperson, he or she shall submit his or her letter of resignati on directly
to the President.

(3) The Chairperson, Deputy Chairperson or any member of the Commissi on

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may be removed from office by the President or upon a resolution pass ed
by a two-thirds majority of all members.

(4) A member of Commission may not be removed except for the following reasons:-
(a) ineligibility for appointment under section 14 of this Act;
(b) inability to perform the functions of his or her office due to me ntal
infirmity or illness for a long time;
(c) gross misconduct;
(d) incompetence and inefficiency;
(e) absence without permission or sufficient cause from three consecutive meetings of the Commission;
(f) conviction of an offence involving dishonesty, fraud or moral turpitude; and /or,
(g) death.

(5) Where the Chairperson, Deputy Chairperson or a member of the
Commission is removed from office, resigns or dies, he or she sha ll be
dully replaced within sixty days from the date of removal, resignati on or
death.
Section 18. Remuneration of the Chairperson, Deputy Chairperson, Members and
the Executive Director 1) The Chairperson shall have the status of a GoSS Minister and sha ll be entitled to
all the rights, privileges and benefits accorded to that position.
2) The Deputy Chairperson shall have the status of a State Minister and shall be
entitled to all the rights, privileges and benefits accorded to that position.
3) Members of the Commission shall have the status of Undersecreta ry and shall be
entitled to all the rights, privileges and benefits accorded to that position.
4) The Executive Director shall have the status of Undersecretary a nd shall be
entitled to all the rights, privileges and benefits accorded to that office.

Section 19. Exemption from Liability No Member of the Commission, officer or employee of the Commissi on, shall be
liable for any act or omission committed in the exercise or perfor mance of his or
her functions and duties with the Commission; provided that such acts or
omissions are committed in good faith.

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Chapter IV

Procedures and Committees of the Commission

Section 20. Proceedings of the Commission (1) The Commission shall meet as often as it deems necessa ry and shall, in
any case, meet for the discharge of its functions and duties, at le ast every
three months.
(2) The Chairperson may, at anytime, in consultation with the Executiv e
Director, convene an extraordinary meeting of the Commission. He or she
shall also call a meeting within ten calendar days upon a writte n request
by at least three members of the Commission.

(3) The Chairperson, and in his or her absence, the Deputy Chairperson, shal l
convene and preside at all the meetings of the Commission, and in t he
absence of both, the members of the Commission present at the meet ing
shall elect one of them to preside at that meeting.

(4) Notice of a meeting of the Commission shall be served to each member of
the Commission in writing, by post or e-mail. When necessary, notice may
also be made by phone provided that the verbal notices are followed by
notices in writing by the Executive Director.

(5) The quorum for meetings of the Commission shall be three membe rs of
the Commission.

(6) For determination of quorum, a member of the Commission withdrawin g
from a meeting under section 21(3) below shall be considered as present.

(7) The decisions of the Commission shall be made by consensus and in l ieu
of that, by simple majority of the members of the Commission prese nt and
voting and in case of a tie, the Chair shall have a casting vote.

(8) The Commission may, whenever necessary, invite any person to provide
specific expertise during its meeting, he or her shall have no ri ght to vote
on any matter considered at the meeting.

(9) Meetings of the Commission shall not be open to the public unless decided otherwise by the Chairperson on ad hoc basis.

Section 21. Disclosure of Interests (1) Any member of the Commission who has a direct or an indirec t interest in
any matter to be considered by the Commission shall disclose the nature or

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extent of his or her interest at the meeting of the Commission, be fore the
matter is discussed or considered.
(2) A disclosure made under subsection (1) above, shall be recorded in the
minutes of the meeting.

(3) A member of the Commission who makes a disclosure under subsect ion
(1) above, shall not participate in the deliberations or take part i n any
decision of the Commission with respect to that matter.

Section 22. Validity of Proceedings The validity of any proceedings of the Commission shall not be affecte d by a
vacancy in its membership or by any defect in the appointment or di squalification
of a member of the Commission.

Section 23. Committees of the Commission (1) The Commission may set up committees to facilitate its operations and to
advise it on matters as it may determine.
(2) The Commission may also dissolve any committee which has
accomplished its task.
(3) Any committee set up under subsection (1), above, shall be headed by a
member of the Commission and shall comprise of such persons as the
Commission may determine.

(4) The terms and conditions of service of members of any committee s et up
under this section shall be subject to the Public Service laws and
regulations.
(5) The Commission may delegate any of its functions and duties to a
committee set up by it subject to limitations as it may decide.

(6) Subject to any directives by the Commission, a committee set up under
this section may regulate its own proceedings.

Chapter V

Investigation

Section 24. The Power of Investigation The Commission shall have the power to investigate any allegations , facts,
conditions, practices or matters, including the search of bank accounts a nd other
assets of spouses, children and others in a domestic relationship, whic h it

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considers necessary or proper to determine whether any person is enga ged in or
about to commit corruption.

Section 25. Inquiry/Investigation Committee
If the Commission has a reasonable suspicion that a corruption offe nse has been
or is about to be committed based on a report from an outside source or on its own
initiative, the Commission shall form an Inquiry/Investigation Commit tee headed
by a member of the Commission and designated competent officers, to i nvestigate
the case. If the Chairperson of the Commission is a member of the
Inquiry/Investigation Committee, he or she shall be the Chairperson of the
Committee.

Section 26. Investigations to be conducted in Private Save in the Publi c Interest

(1) Pursuant to the provisions of Article 26 of the ICSS investigati ons shall be
conducted in private unless the Commission is satisfied that it is in the
public interest to conduct a public inquiry.
(2) Without limiting the factors that it may take into account in de termining
whether or not it is in the public interest to conduct a public inquiry, the
Commission shall consider the following:-
(a) Article 26 of the ICSS;
(b) the benefit of exposing to the public, and making it aware, of corrupt conduct; and practices;
(c) the seriousness of the allegation or complaint being investigated; (d) any risk of undue prejudice to a person’s reputation, including
prejudice that might arise from not holding an inquiry;
(e) whether the public interest in exposing the matter is outweighe d by
the public interest in preserving the privacy of the persons
concerned.
(3) The Commission shall initiate a public inquiry upon the written consent of
the President

Section 27. Evidence and Procedure

(1) Subject to the provisions of this Act, or any rules and regulations
thereunder, the procedure and conduct of an investigation shall be as the
Chairperson of the Inquiry/Investigation Committee may direct.

(2) The Chairperson of the Inquiry/Investigation Committee may take
evidence on oath, and for that purpose administer oath to witnesses.
(3) In making any decision as to the procedure or conduct of an investigati on,
the Chairperson of the Inquiry/Investigation Committee shall act with
fairness and with due regard to the need to avoid unnecessary cost.

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(4) Subject to the provisions of this Act, or any rules and regulati ons
thereunder, the Commission shall adopt specific rules and procedures to
govern public inquiries; and

(5) In the case of Public inquiry, the Commission shall make its publ ic inquiry
procedures available to the public.

Section 28. Power to Compel Attendance and Require Production of Evide nce
(1) In conducting an inquiry or investigation, a member of the Commission or
the Chairperson of the Inquiry/Investigation Committee shall have the
power to issue summons or orders to:-
(a) any person or agency to produce, within a specified period, any
books, bank accounts, documents, contracts, agreements, records,
returns, reports or data of any private person, public or private
institution relevant to the inquiry/investigation in his or her
possession or in custody of any person under his or her control or
at a location determined by the Commission; and
(b) any witness within a reasonable period to attend in person at a
certain place and requiring him or her to provide any information
or to answer any question relevant to the investigation/inquiry, and
produce books, bank accounts, documents, contracts, agreements,
and any other records in his or her possession relevant to the
inquiry/ investigation.
(2) Any summons or orders served under subsection (1) above shall:-
(a) state the nature of the allegation or complaint under investigation;
(b) explain the possible consequences of not complying with the notic e;
and
(c) indicate the steps that should be taken by the recipient o f the notice if
he or she wishes to make a claim within subsection (3), below.
(3) A claim by a person that:-
(a) he or she is unable to comply with a notice under subsection (1)(a ) and
; or
(b) it is not reasonable in all the circumstances to require him or her to
comply with such notice,
shall be determined by the Chairperson of the Inquiry/Investigation, who
may revoke or vary the notice on either ground.
(4) In deciding whether to revoke or vary a notice on the ground mentioned in
subsection (3)(b) above, the Chairperson shall consider the public interes t in
the information in question being obtained by the investigation committee ,
having regard to the likely importance of the information requested.

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Section 29. Failure to Attend or Produce Document

(1) Any person who:-
(a) fails to appear before the Commission in accordance with a ny
summons issued under section 28(1) above;
(b) having appeared before the Commission, refuses to swear or make an affirmation, or having been sworn or affirmed and refuses
without lawful excuse to answer any question or produce any
document;
(c) knowingly gives any false or misleading information to the Commission; or
(d) causes an obstruction or disturbance in the course of any proceedings before the Commission,
commits an offence, and upon conviction, shall be sentenced to
imprisonment for a term not exceeding six months or with a fine not
exceeding one thousand Sudanese Pounds or with both.
(2) In the event that any person fails to obey the Commission’s or der issued
under section 28(1) above, the Commission shall seek the aid of the
Ministry of Legal Affairs and Constitutional Development to enforce t he
order and secure compliance therewith.

Section 30. Privilege A person may not, under section 29 above, be required to answer any question or
give, produce or provide any evidence, information or document if he or she
would not be required to do so, if the proceedings of the investigation were civil
or criminal proceedings in a court of law. Where the Commission disputes an
exercise of privilege under this section the Commission shall through the Minist ry
of Legal Affairs and Constitutional Development, seek an appropriate order in a
court of law.

Section 31. Inspection of Public Premises (1) The Chairperson or an officer of the Commission authorized in writing by
the Chairperson may, at any time: –
(a) enter and inspect any premises occupied or used by a Government Institution or Public Official in that capacity subject to inquiry or
investigation,
(b) inspect any document or other thing in or on the premises, and
(c) take copies of any document in or on the premises.
(2) The Government Institution or Public Official shall make available to the
Chairperson or authorised officer such facilities as are necessary to enabl e
the exercise of the powers conferred upon him or her by this section.

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(3) Officers authorised under subsection (1) above to enter and inspect
premises shall carry and produce identification documents when
inspecting premises under this section.

Section 32. Investigation Reports

(1) The investigation process shall lead to the preparation of a final report.
The Inquiry/Investigation Committee shall deliver the report to the
Commission setting out:
(a) the facts determined by the Investigation Committee;
(b) the findings and recommendations of the Investigation Committee;
(c) anything that the Investigation Committee considers to be relevant.
(2) Where the findings of the report warrant a prosecution, the matte r shall be
referred to the Ministry of Legal Affairs and Constitutiona l Development
for appropriate action.

Section 33. The Commission’s Investigation Powers and Investigation of
Corruption Offences by Other Entities (1) The Commission may delegate, in whole or in part to the Government of
Southern Sudan or State investigation bodies, as the case may be, the
general investigation power concerning corruption cases with which the
Commission is vested under section 24 of this Act.

(2) Government or State investigation bodies that are not delegated powe rs
under subsection (1) above shall investigate any alleged or suspected
corruption offence falling under the competence of the Commission and
shall immediately provide information to the Commission on the same.
(3) The Commission may, upon receipt of the information as specified in
subsection (2) above, from the investigating organ, investigate the ma tter
by itself.
(4) Where the Commission fails to act on the information it receive d under
subsection (3) above, the organ commencing investigation shall finish an d
send the same to the Commission.

(5) The Commission shall issue directives concerning the manner of re porting
and or transferring of corruption cases whose investigations were ca rried
out by other investigating bodies, as provided in subsections (2) and (3)
above and notify the same to all the concerned investigating bodies.

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Section 34. Duty to Report

(1) Any executive or legislative constitutional office holder, Justice, or senior
civil servant who has knowledge of a corrupt practice and fails to r eport
the same to the Commission commits an offence and shall, on conviction ,
be sentenced to imprisonment for a term not exceeding three months, or a
fine or with both.

(2) Any person, who reports a proven corrupt practice to the Commission,
shall be immune from any prosecution arising from that report unles s that
person has knowingly been involved in the reported corrupt practice.

(3) Any employee who reports a proven corrupt practice in a Government
Institution or individual dealings involving Public Officials shall be
immune from disciplinary measures, discrimination, and termination of
service or demotion because of this reporting process.

(4) Notwithstanding the provisions of subsections (2) and (3) above, any
person who makes a false, frivolous or groundless complaint or allegati on
to the Commission to the effect that a person has committed or at tempted
to commit, or aided, abetted or concealed the commission of, or conspi red
with any other person in a corrupt conduct commits an offense and shall,
on conviction, be sentenced to imprisonment for a term not exceeding one
year or a fine or with both.

(5) An employer, who takes disciplinary measures or any other action aga inst
a person, as indicated in subsection (3) above, shall be the subject of a
civil suit for such disciplinary measures.

(6) The Commission shall issue guidelines as to what matters need or need not
be reported.

Section 35. Wealth Declarations

(1). Pursuant to the provisions of Article 121 (1) of the ICSS, the Commission
shall oversee the requirement for all persons holding offices named there in
including Senior Civil Service Officials to make confidential formal
declarations of their incomes, assets and liabilities.
(2). The Commission shall require all office holders referred to in subsection ( 1)
above to deliver to the Commission their declarations in writing. All
declarations shall include the income, assets and liabilities of their s pouses
and children. The declarations shall be made upon an individual’s assumption
of office and shall be conveyed to the Commission within 30 days thereof,
the declarations shall be made by the office holder annually thereafter, and
conveyed to the Commission by the end of February each calendar year, as
long as they hold office. In case of non-compliance, necessary legal measures

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may be taken against them.
(1) A person serving under a non-governmental organization or such other
organization using public resource shall declare his or her income, as set and
liability and that of his or her spouse and dependent in accordance w ith the
guideline and form prescribe by the Commission.
(2) All declarations shall be maintained in a confidential and secure m anner, and
shall not be subject to public inquiry unless required to be part of a publ ic
inquiry. 

Chapter VI

Finance, Audit and Reporting
Section 36. Operational Principle The Commission shall manage its finances in accordance with sound financial
principles and practices and shall in that respect ensure that its budget is sufficient
to meet its expenditures, including payment of operational cost.

Section 37. Sources of Funding (1) The Commission’s main source of funding shall be it’s annual budget,
approved in accordance with the budget procedures established by the
Government.

(2) Each year, the Commission shall prepare and submit for approval a
budget, in accordance with the Government budget process, for the
following financial year. Such budget shall be subject to the review and
approval of the Assembly.

(3) Without prejudice to the provisions of subsection (1) above, the Commission may obtain additional funds from any other source approved
by the Commission with the consent of the President.

Section 38. Borrowing Powers The Commission shall not obtain loans or other credit facilit ies from any
person, organisation or institution for the purposes of meeting its
obligations, and in case of necessity shall be obtained by the Ministr y of
Finance and Economic Planning on the recommendation of the
Commission and approval by the President.

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Section 39. Bank Accounts
(1) The Executive Director shall open, maintain and manage bank accounts i n
the Bank of Southern Sudan or its branches or any other Bank operating in
Southern Sudan as may be authorised by the Chairperson for the performa nce
of the functions and duties of the Commission.

(2)
The Executive Director shall ensure that any money received by or on behalf
of the Commission is safely kept and immediately deposited in the bank
account of the Commission.

(3) The Executive Director shall ensure that no money is withdrawn fr om, or paid
out of, any of the bank accounts of the Commission without prior
authorisation.

Section 40. Surplus Funds Funds belonging to the Commission, not immediately required for any purpose
provided for in this Act, shall at the end of the Financial year re vert to the
Consolidated Fund in the Ministry of Finance and Economic Planning.

Section 41. Accounts (1) The Executive Director shall keep and maintain proper books of acc ounts
and records of all funds received and spent by the Commission during the
financial year.

(2) The Executive Director shall prepare and submit a financial report to the
Commission, not later than three months from the end of the previous
financial year. The report shall include:
(a) a financial statement of income and expenditure during the financial year;
(b) a statement of assets and liabilities of the Commission f or the
financial year, prepared in accordance with generally accepted
accounting principles, submitted to and audited by the Auditor-
General; and,
(c) a Financial Audit Report.

Section 42. Audit (1) The Chairperson shall ensure that, for each financial year, t he accounts of
the Commission are audited by the Auditor-General or such other audit
firm approved by the Auditor-General.

(2) The Commission shall ensure that within four months from the end of th e
financial year, or such other period as the Government may require in

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writing, an audited statement of accounts, in accordance with th e
provisions of section 41 above, is submitted to the President and the
Ministry of Finance and Economic Planning.

(3) The Auditor-General shall have access to all the books of accounts,
vouchers and other records, and shall be entitled to any information and
explanation required in relation to those and any other records of the
Commission.

Section 43. Annual and Other Reports (1) In addition to the Financial Audit Report, required by section 63 above ,
when required by the Ministry of Finance and Economic Planning, the
Commission shall also prepare an Annual Report of its activities during
that financial year.

(2) The Annual Report shall, inter alia, include the following information: (a) a copy of the auditor’s report;
(b) a statement of financial performance and of cash flows;
(c) the budget for the coming financial year;
(d) a description of the activities of the Commission during the previous year;
(e) an analysis of the extent to which the Commission met its objectives of the previous year;
(f) an evaluation as to the extent to which the advice and directi ves of
the Commission have been complied with;
(g) the objectives of the Commission for the coming year; and,
(h) any recommendations on the matters governed by the provisions of
this Act.

(3) The Commission shall publish and disseminate widely the Annual R eport,
along with its audited accounts. In the event the Commission fails t o
distribute the Annual Report, it shall be distributed by the Ministry of
Finance and Economic Planning.

(4) The Commission shall submit to the President and the Assembly suc h other
reports on its activities or any other matter that may, from ti me to time, be
required.

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Chapter VII
Miscellaneous Provisions
Section 44. Protection of Informers and Witnesses No action or proceeding, including a disciplinary action, may be inst ituted or
maintained against a person in respect of:- (a) A disclosure in good faith of information made by the person to the
Commission or Assistance given by the person to the Commission or a n
investigator; or
(b) an investigator.

Section 45. Collaboration and Coordination with the Ministry of Legal Affairs and
Constitutional Development
(1) The Commission shall collaborate and coordinate with the Ministry of
Legal Affairs and Constitutional Development in the enforcement of the
provisions of this Act.

(2) If at any time the Commission identifies a violation of the provis ions of
this Act, it shall coordinate with the Ministry of Legal Affair s and
Constitutional Development to facilitate the issuance of a cit ation, effect
an arrest, or take any other appropriate measures.

Section 46 . Terms and Conditions of Service of Support Staff

(1) Without prejudice to the provisions of this Act, the Commission ma y in
consultation with the Ministry of Labour, Public Service and Human Re source
Development and Ministry of Finance and Economic Planning, work out
special terms and conditions of service for the officers and Staff of the
Commission.
Section 47. Regulations The Commission shall make such rules and regulations as may be ne cessary for
the effective and efficient implementation of the provisions of this Act.

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First Schedule

Oath
The Chairperson, Deputy Chairperson and every member of the Commission
shall, before assuming his or her office, take the following oath of of fice before
the President:
“I……………., do hereby swear by the Almighty God/solemnly affirm, that as
the Chairperson/Deputy Chairperson/ member of the Commission of the S outhern
Sudan Anti-Corruption Commission, I shall be faithful, diligently and hone stly
discharge my functions and duties, abide by the Interim Constitution of S outhern
Sudan, 2005 and shall strive to exercise the powers vested upon me by the
Southern Sudan Anti-Corruption Commission Act 2009, with integrity and
dignity, in the best interest of the people of Southern Sudan; and that I s hall
respect and abide by all the rules, regulations and instructions hereunde r; and that
I shall not without due authority disclose or make known any information, mat ter
or thing that comes to my knowledge by reason of my assignment in the
Commission, so help me God/God is my witness”.

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Assent of the President of the Government of Southern Sudan

In accordance with the provision of Article 85 (1) of the Interim Constitution of
Southern Sudan, 2005, I Gen. Salva Kiir Mayardit, President of the Government
of Southern Sudan, hereby Assent to the Southern Sudan Anti-Corruption
Commission Act, 2009 and sign it into law.
Signed in Juba this———————–day of the month of———- ——–in the
year 2009
H.E. Gen. Salva Kiir Mayardit,
President of the Government of Southern Sudan GoSS/Juba

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