ACA wants to curb corruption. Section 37 of the Anti Corruption Act 1997 empowered the ACA the power to confiscate properties bought or received through corrupt practices. However it shifted the burden of proof on to the person who owns the property that it had not acquired through corrupt practice. Section 37(1) states that the where in respect of any property seized under this Act there is no prosecution or conviction….the Public Prosecutor may …apply to a judge of the High Court for an order of forfeiture of that property if he is satisfied that such property had been obtained as a result of or in connection with an office. The reference of ‘he’ could mean and indicate the public prosecutor. Section 37(2) compels the High Court judge to publish a notice calling on people with an interest in the property to ‘show cause why the property should not be forfeited’. This seems to be an unfair presumption. Evading tax is very different from corruption.
Updated 30th March 2007
