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12. Possession of Unexplained Property

1. Any person who, being or having been a public officer –

maintains a standard of living above that which is commensurate with his present or past emoluments; or
is in control of pecuniary resources or property disproportionate to his present or past emoluments,

shall, unless he gives a satisfactory explanation to the court as to how he was able to maintain such a standard of living or how such pecuniary resources or property came under his control, be guilty of an offence: Penalty, a fine of B$30,000 and imprisonment for 7 years.

2. In addition to any penalty imposed under subsection (1) the court may order a person convicted of an offence under subsection (1) to pay to the Government –

a sum not exceeding the amount of the pecuniary resources; or
a sum not exceeding the value of the property,

the acquisition of which by him was not explained to the satisfaction of the court and any such sum ordered to be paid shall be recoverable as a fine.

3. Where a court is satisfied in proceedings for an offence under subsection (1) that, having regard to the closeness of his 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 until the contrary is proved, be deemed to have been under the control or in the possession of the accused.
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