65. General provisions relating to investigations

Provided however, he shall make an application for such notes of investigation through the Police Designated

Officer who shall convey such request to the Designated

Officer of the Commission to Investigate Allegations of

Bribery or Corruption. Upon receipt of a request from the

Police Designated Officer, notwithstanding anything to the contrary in Anti-corruption Act, the Designated Officer of the Commission to Investigate Allegations of Bribery or

Corruption shall make available the required material to the

Police Designated Officer.

Investigation Officer shall be obliged to maintain confidentiality relating to information contained in material so received unless for the purpose of giving effect to the provisions of this Act.

Officer take into consideration and act upon information and material contained in the said notes of investigations with or without any further investigations being conducted by an Investigation Officer of the Commission to Investigate

Allegations of Bribery or Corruption.

Allegations of Bribery or Corruption and the Designated

Officer of the Commission to Investigate Allegations of

Bribery or Corruption to act in terms of this Act and make applications for forfeiture of proceeds of crime based on a consideration of the said material and where necessary on any further material that may be collected in the course of any further investigations conducted by the Commission to

Investigate Allegations of Bribery or Corruption.

Example-A police officer who receives information regarding an instance of theft commences the conduct of an investigation in to such theft in terms of the Code of Criminal Procedure Act. In the course of the investigation during the conduct of a search he locates property which he has reasonable grounds to believe is proceeds of committing theft. Notwithstanding anything to the contrary in this Act, he shall be entitled to take action in terms of

Code of Criminal Procedure Act to take such property into his possession and take further action in terms of the law.

Commission to Investigate Allegations of Bribery or

Corruption, a Designated Officer and an Investigation Officer to take into consideration and act upon any information and material contained in proceedings of inquiry and investigations conducted by a Commission appointed under Special Presidential Commission of Inquiry Law

No. 7 of 1978 or a Commission of Inquiry appointed under

Commission of Inquiry Act (Chapter 393) so far as such information or material relates to proceeds of an unlawful activity.

Officer shall be entitled to carry out the entire or part of an investigation under this Act in a foreign country. For such purpose, an Investigation Officer may obtain the assistance of a law enforcement officer of such foreign country.

Clarification:

For the purpose of obtaining the assistance of a foreign law enforcement officer in the conduct of an investigation in a foreign country, an Investigation Officer need not have been present in such foreign country when the relevant part of the investigation was being conducted.

Allegations of Bribery or Corruption shall take appropriate measures for the protection and preservation of information and other material received by such officers under this Act and gathered in the course of an investigation. Such information and material shall be used only under the provisions of this

Act for the purposes set out in the Act.