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:

(a)    Maintains a standard of living that is not commensurate with his or her present or past lawful sources of income; or

(b)    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:

(a)    As to how he or she was able to maintain such a standard of living; or

(b)    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)    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.

Type: Criminal Illicit Enrichment Laws

Last update on LEARN: 31 Mar 2021