14
(e) any public officer, in breach of his duty as such, did or omitted to do anything to the
favour or prejudice of any person, it shall be presumed, unless the contrary is proved,
that he did or omitted to do the thing for the purpose of showing favour or disfavour,
as the case may be, to that person.
(3) If it is proved in any prosecution for an offence in terms of paragraph (c) of subsection
(2) of section fourteen that any person has done anything that is calculated or likely to prejudice
another person who has given information concerning a corrupt practice involving the firstmentioned person, that first-mentioned person shall be presumed, unless the contrary is proved,
to have done the thing because that other person gave that information.
(4) If it is proved that a company which is a member of a group of companies—
(a) has committed an offence in terms of section three; or
(b) by theft, fraud or other unlawful means, has caused misappropriation or loss of
property of the State, a statutory body, a local authority or any other person; or
(c) has received property from the State, a statutory body, a local authority or any other
person, whether directly or indirectly, in contravention of any law or as a result, either
direct or indirect, of the action of any person who has caused misappropriation or loss
such as is referred to in paragraph (b);
then, in any civil or criminal proceedings brought in respect of such offence, misappropriation,
loss or receipt of property—
(i) it shall be presumed, unless the contrary is proved, that every company in the
same group of companies was a party to such offence, misappropriation, loss or
receipt; and
(ii) any evidence that would be admissible against any one company in the same
group of companies shall be admissible against every other company in the
same group of companies.
(5) Nothing in subsection (4) shall be construed as derogating from section 385 of the
Criminal Procedure and Evidence Act [Chapter 9:07].
16 Indemnity
No liability for damages shall attach to the President, a Vice-President, any Minister or
Deputy Minister or an investigator in respect of anything done by him, in good faith and without
negligence, for the purposes of this Act.
17 Effect of Act on other laws
This Act shall be construed as additional to, and not in substitution for, any other law
relating to—
(a) agents and their principals; or
(b) the duties of public officers and the consequences of any breach of such duties; or
(c) the investigation of offences and the examination of persons in connection with
suspected offences.
18 Regulations
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