One of the core functions of the OSP is the recovery and management of the proceeds of corruption and corruption-related offences. This mandate is aimed at disgorging illicit and unexplained wealth in the public and private sectors. This power is invoked especially in cases where a person’s lawful income appears inadequate as compared to his/her known and suspected assets. The OSP exercises authority and power in its asset recovery and management function as detailed below:

  • The officers of the OSP exercise powers of a police officer, including the power of arrest.
  • The OSP has the mandate to require information in writing from a person whose affairs are being investigated by the Office, or a person who is a proper person to assist with an investigation being conducted by the Office.
  • The OSP may also require such a person to appear before the Special Prosecutor or an authorised officer to answer questions.
  • A person who turns down a request for information or turns down a request to appear before the Special Prosecutor or an authorised officer without lawful excuse commits a misdemeanour.
  • The OSP has the power to search and take possession of documents for the period necessary for an investigation or trial and any other proceedings subsequent to trial.
  • An authorised officer of the OSP is mandated to seize property that he/she reasonably suspects to be tainted. The OSP also has the power to search for suspected tainted property.
  • The Special Prosecutor has the authority to freeze property where he considers that freezing the property is necessary to facilitate an investigation.
  • The Special Prosecutor may confiscate property or render a pecuniary penalty upon application to the High Court. The OSP is also mandated to require a person to disclose his/her funds and other assets.
  • The Special Prosecutor may also apply to the High Court for the veil to be lifted where he suspects that property held by a person is subject to the effective control of a person on trial for corruption or a corruption-related offence.
  • The OSP may appoint a receiver to assist the Office to manage the realisable property.