60. Possession of unexplained wealth
(1) Any person who, being or having been a public servant or serving
or having served in a Civil Society Organization or such other individual or
organization using public resources:
standard of living that is not commensurate with his or her present or past
lawful sources of income; or
Is in control of
assets disproportionate to his or her present or past official lawful sources
of income shall be guilty of an offence.
(2) A person shall not be guilty of an offence under this section, if
such person furnishes a satisfactory explanation to the Court:
As to how he or
she was able to maintain such a standard of living; or
How such assets
came under his or her lawful control.
(3) In a proceeding under this section, if the Court is satisfied
that, having regard to the closeness of his or her relationship to the accused
and to other circumstances, there is reason to believe that any person was
holding assets in trust for or otherwise on behalf of the accused or acquired
such resources or property as a gift from the accused, such assets shall, in
the absence of evidence to the contrary, be presumed to have been in the
control of the accused.
(4) An offence under this section shall be a misdemeanor.
(5) In addition to any penalty imposed under subsection (4), the Court
may order a person convicted of an offence under subsection (1) of this section
to pay into the Consolidated Fund:
A sum not
exceeding the value of the pecuniary resources; or
A sum not exceeding the value of the assets, the acquisition by him or
her of which was not explained to the satisfaction of the Court.