The Special Prosecutor, the Deputy Special Prosecutor and the Officers of the OSP have the powers of a police officer under the Criminal and other Offences (Procedure) Act, 1960 (Act 30) and under any other law. The powers of the OSP include the following:  

  • Arrest 
  • Search and take possession of documents  
  • Seizure of suspected tainted property – movable and immovable 
  • Seizure and detention of currency suspected to be proceeds of corruption 
  • Direct declaration of property and income 
  • Freezing of property 
  • Render orders for disclosure of funds and other assets 
  • Render confiscation orders 
  • Render pecuniary penalty orders 
  • Realise property 
  • Property tracing 
  • Lift veil 
  • Protect witnesses, victims, whistleblowers and informants 
  • Appoint Receivers to manage and preserve realisable property 
  • Manage seized assets 
  • Demand disclosure of funds 
  • Demand disclosure of assets

 

Some of these powers are exercised upon applications to the High Court. The OSP is not subject to the direction or control of any person or authority in the performance of its functions, except as provided in the Constitution. 

The Office is, for the purposes of its functions, authorised by the Attorney-General to initiate and conduct the prosecution of corruption and corruption-related offences. 

The OSP may be requested by Parliament, in the public interest, to investigate alleged or suspected cases of corruption or a corruption-related offence involving public officers, politically exposed persons or persons in the private sector. 

The OSP is authorised to exercise powers connected with the object of the Office.   

A person may admit an offence and offer to provide information that will aid in the arrest and prosecution of other persons for corruption or corruption-related offences.

An offer acceptable to the Special Prosecutor serves to prevent the imposition of a custodial sentence on the accused or a person under investigation, except in cases where the individual defaults on their obligations under the plea bargain agreement.

The Special Prosecutor considers the following factors on a plea bargain:

  •  the history of the person with respect to criminal activity
  •  the level of cooperation of the person and his/her willingness to cooperate
  •  the likelihood of obtaining a conviction if the case proceeds to trial
  •  the probable effect on witnesses of a trial
  •  the public interest in having the case tried rather than disposed of by a plea bargain
  •  the need to avoid delay in the disposition of other pending cases

The OSP takes all necessary and reasonable steps to protect the safety and welfare of witnesses, victims, and the relations of witnesses and victims, as well as other persons determined by the Special Prosecutor as requiring protection.

These measures include:

  • physical protection of such persons, and if necessary relocating and housing them, and restricting the disclosure of information concerning their identity and whereabouts
  • applying for such persons to give testimony using communications technology where necessary, taking into consideration the views and concerns of victims at appropriate stages of proceedings.