The OSP initiates investigations and prosecution of suspected offenders on its own in respect of suspected or alleged corruption and corruption-related offences.
The OSP also receives and investigates complaints from any person on a matter that involves or may involve corruption and corruption-related offenses. The OSP also receives and acts on referrals of investigations of alleged corruption and corruption-related offences by –
- Parliament
- Auditor-General
- Commission on Human Rights and Administrative Justice
- Economic and Organised Crime Office
- Any other public body
The OSP first engages in intelligence gathering or “pre-investigation” to determine whether it should open an investigation into suspected or alleged cases of corruption or corruption-related offences.
The Special Prosecutor will open a preliminary inquiry or investigation where he considers that the particular matter is within the mandate of the OSP.
The Special Prosecutor will terminate the preliminary inquiry or investigation where the inquiry or investigation fails to disclose sufficient information to initiate a full investigation.
Where sufficient information is gathered, the Special Prosecutor will direct the initiation of a full investigation to prevent or prosecute corruption or a corruption-related offence. The OSP, where appropriate, constitutes investigative panels for specific cases.
The Special Prosecutor, or an officer authorized by the Special Prosecutor, will then make a decision as to whether to prosecute or otherwise. The Special Prosecutor, though accountable to the Board, has full authority and control over the investigation, initiation, and conduct of proceedings.
A matter may end in either closure of the docket for lack of requisite evidence, or a direction to disgorge illicit or unexplained wealth, or prosecution, or both prosecution and a direction to disgorge illicit or unexplained wealth.