Cap. 570 Art. 13Functions of the Commissioner.

(1) The Commissioner shall have the following functions:

(a) to examine, and if necessary verify, such declarations relating to income or assets or other interest or benefits of whatever nature of persons to whom this Act applies who are under a duty to file such declarations as may be provided under this or any other law and to make recommendations in the form of guidelines which the Commissioner considers appropriate and proportionate also with regard to any person who fails to make any declaration as aforesaid or who makes an incorrect declaration in a manner which materially distorts the purpose of the declaration;

(b) to investigate on his initiative or on the written allegation of any person any matter alleged to be in breach of any statutory or any ethical duty of any person to whom this Act applies:

Provided that a person making an allegation in terms of this paragraph shall not be required to show any personal interest in support of his allegation; or ethical duty, and no liability shall attach for any breach of the applicable Code of Ethics or any other statutory or ethical duty where a person has acted in conformity with any such recommendations;

(d) to scrutinize the register with all details of absentee members of parliament held by the Speaker of the House;

(e) to ensure that every month, the administrative penalty due by every member of Parliament as provided in Standing Order 159 is calculated, after having identified those members of Parliament that have been absent throughout the whole session without permission of absence. The Commissioner is to inform in writing every member owing an administrative penalty the amount due and reasons for such penalty;

(f) to identify those activities which are to be considered as lobbying activities, to issue guidelines for those activities and to make such recommendations as he deems appropriate in respect of the regulation of such activities;

(g) (i) to make recommendations for the improvement of any Code of Ethics applicable to persons who are subject to this Act and in particular but without prejudice to the generality of the foregoing, to make recommendations on the acceptance of gifts, the misuse of public resources, the misuse of confidential information, and on limitations on employment or other activities after a person ceases to hold office as a Minister, a Parliamentary Secretary or a member of the House of Representatives;

(ii) to ensure that any recommendations made give due account to the need for any measures, guidelines or rules intended to ensure high standards in public life according to this Act are easily accessible and comprehensible to the general public.

(2) For the purpose of this article ‘ethical duty’ includes the obligation to observe the applicable Code of Ethics.

(3) The Commissioner shall not proceed to investigate any allegation on a matter about which proceedings are pending before a court or before a tribunal established by law, and shall suspend an investigation if any interested person files a demand before a court or tribunal as aforesaid about the matter under investigation, or if the

(4) In the execution of his duties, the Commissioner shall not prejudice the performance of any duty assigned or prerogative given by the Constitution to any person, authority or holder of a political office and in particular, but without prejudice to the generality of the aforesaid, he shall not prejudice the powers and prerogatives of the Prime Minister in respect of the Cabinet.

(5) In the exercise of his functions the Commissioner shall not be subject to the direction or control of any other person or authority.