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Original Text ( and )

31. Possession of unexplained property

(1) The Director or any officer of the Directorate authorized in writing by the director may investigate any public officer where there are reasonable grounds to suspect that that person –

maintains a standard of living above that which is commensurate with his present or past known source of income or assets reasonably suspected to have been acquired illegally; or
is in control or possession of pecuniary resources or property disproportionate to his present or past known sources of income or assets reasonably suspected to have been acquired illegally.

(2) A public officer is presumed to have committed the offense of corruption if he fails to give a satisfactory explanation to the Director or the officer conducting the investigation under subsection (1) as to how he was able to maintain such a standard of living or how such pecuniary resources or property came under his control or possession.

(3) Where a court is satisfied in any proceedings for an offense under subsection (2) 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 as a gift, or loan without adequate consideration from the accused, such resources or property shall, until the contrary is proved, be deemed to have been under the control or in the possession of the accused.

31A. Private persons

Section 21,22, 23, 24, 26 and 31 shall, with necessary modifications, apply to persons who are not public officers.

34. Penalty

Any person who commits the offense of corruption or cheating the revenue under this Part shall, upon conviction, be liable to a fine not less than M 5,000.00 [Maloti] and not more than M 10,000.00 or to imprisonment for a term not less than five years and not more than 10 years or both and in the case of juristic persons, the fine shall not be less than M 10,000.00.


Type: Qualified Criminal Illicit Enrichment Laws

Last update on LEARN: Thursday, 3 March 2022, 1:00 PM