Inspectorate of Government Act

This section provides interpretation: it declares that, unless the context otherwise requires, quoted terms (for example “Appointments Board”, “Authority”, “Board”, “corruption”, “currency point”, “Deputy Inspector General”, “Inspectorate”, “Inspector General”, “Minister”, and “Secretary”) have the meanings stated in the section.

Sets eligibility criteria and resignation requirement for appointment as Inspector General or Deputy Inspector General and states composition of the Inspectorate.

The President appoints the Inspector General and Deputy Inspectors General with Parliament's approval; they serve four-year terms and may be re-appointed only once; they must not hold any other office of emolument while in office; Parliament determines their remuneration.

The President may remove the Inspector General or a Deputy Inspector General on the recommendation of a special tribunal for specified grounds; the President must refer complaints to Parliament, suspend the officer when removal is referred to the tribunal, and remove the officer if the tribunal so recommends; the tribunal members are appointed by Parliament; suspension ends if the tribunal advises no removal.

A person appointed Inspector General or Deputy Inspector General must, before assuming the duties of office, take and subscribe the oath in Part A of Schedule 2; the oath is to be administered by the President.

Establishes an Appointments Board and states functions the Appointments Board shall perform, including creating posts, appointing staff (per section 15), making discipline regulations, and performing functions assigned by Parliament.

The Inspectorate may establish branches at district and other administrative levels.

The Inspectorate has powers to authorise officers to investigate allegations, require answers from public officers or others, require production of documents within a specified time, and do other things necessary to perform its functions under the Act.

The Inspectorate (through the Inspector General, Deputy Inspector General or authorised officers) has powers to enter, inspect and search premises, persons and documents, and to use reasonable force and law enforcement assistance; searches must be conducted only on the express instructions of the Inspector General or Deputy and a search warrant in the specified form must be issued.

Gives the Inspector General (or Deputy) and the Inspectorate powers to authorise investigations of accounts and transactions, to obtain disclosure of information and to suspend account operations; creates offences and penalties for willful non‑compliance; and confirms prosecution, appeal and enforcement powers.

The Inspectorate has a set of functions including investigating public officers, preventing corruption, promoting rule of law, enforcing the Leadership Code, advising offices, stimulating public awareness, examining law-enforcement methods, receiving complaints, and performing functions prescribed by Parliament.

The Inspectorate's jurisdiction covers officers and leaders serving in a long list of public offices and bodies.

The Inspectorate must be independent, must not be subject to direction or control by any person or authority, and must only be responsible to Parliament.

The Inspectorate must have a Secretary appointed by the President on the advice of the Public Service Commission; the Secretary must be qualified as a Permanent Secretary, hold office on the terms applicable to a permanent Secretary, and is responsible for implementing policy, day-to-day administration, controlling staff, arranging business and keeping minutes, and performing functions assigned by the Inspector General, subject to section 30(4) and the general control of the Inspectorate.

The Inspectorate must have officers and employees as necessary; the Board must appoint all Inspectorate officers and employees except the Secretary; the Inspectorate may engage experts or consultants on terms it determines.

Before assuming office, the Secretary and other Inspectorate staff must take and subscribe the oath in Part B of Schedule 2; the oath for the Secretary is to be administered by a High Court judge and for other staff by the Inspector General or a person the Inspector General authorises in writing.

The Inspectorate may, by statutory instrument signed by the Inspector General, make rules of procedure for investigations and may prescribe fees and forms for functions under this Act.

The Inspectorate must not question or review listed matters, including judicial decisions, tribunal decisions, civil matters before court at commencement, prerogative of mercy matters, matters affecting security/defence/international relations, and Cabinet proceedings of a secret/confidential nature.

The Inspectorate may determine investigation procedure and obtain information; officials and other agents must not disclose information learned in duty; non‑officials may not disclose such information except with Inspectorate approval, court order, or when required by law; contravention is an offence punishable by a fine up to fifty currency points or imprisonment up to one year, or both.

Proceedings, findings, recommendations, investigations or inquiries by the office of the Inspector General are protected from being declared null and void for mere informality or irregularity, and are not to be challenged in any court of law.

Certain Inspectorate officers are protected from proceedings and cannot be compelled to give evidence for matters arising from their duties, subject to this Act.

Information, statements, documents or things produced during an inquiry under this Act, and the Inspectorate's report, are privileged as if they were proceedings, records, and judgments of a court of law, subject to other laws that require disclosure of classified information.

Complaints under the Act may be made by individuals or bodies, must generally be in writing addressed to the Inspector General and signed or thumb-printed; the Inspectorate will not receive complaints made more than two years after the facts unless the Inspector General or Deputy Inspector General directs otherwise; subsections (3) and (4) do not apply to complaints about criminal offences.

The Inspectorate must give the head of the public office concerned and any other person who is the subject of a complaint an opportunity to reply when it investigates on the basis of a complaint; generally persons are not entitled as of right to be heard before the Inspectorate (except subsections (2) and (3)); adverse matters shall not be included in a report unless a prior hearing has been given.

The Inspectorate may summon people to give information, require production of documents and order examination on oath; authorised officers may administer the oath; an officer from the Inspectorate or a police officer must serve the summons in the prescribed manner.

If a person duly summoned does not appear and the summons was properly served or was wilfully avoided, an apprehended person must be brought before the Inspectorate within twenty-four hours or as soon as practicable thereafter.

The Inspectorate may pay allowances or sums to persons summoned before it for expenses they properly incur, as it considers appropriate.

The Inspectorate must submit to Parliament at least once every six months a report on its functions; forward a copy to the President; forward extracts to local authorities when relevant; and the Speaker must lay such reports before Parliament within thirty days (or within thirty days of the next session if Parliament is not in session).

When Parliament receives a report under section 28 it may take any action it considers appropriate on the report; when the President receives a copy of an Inspectorate report under section 28 the President may take action against the public officer or person concerned in accordance with written law.

Parliament must provide adequate resources and facilities for the Inspectorate; the Inspectorate has an independent budget appropriated by Parliament; the Secretary prepares the annual budget and administers funds as accounting officer.

Where an instrument, document or act is required or authorised for the Inspectorate, it may be signed, executed or done by the Inspector General, a Deputy Inspector General, or a person authorised in writing by either of them.

The Inspectorate must have a seal; the Inspectorate may determine its form and the circumstances in which it is applied, subject to any law.

Informers and witnesses who give information to the Inspectorate shall be protected, their identity must not be disclosed, may receive a reward equal to five percent of recovered money, and those acting in good faith shall not be punished; unlawful disclosure or victimisation is an offence punishable by up to 100 currency points or two years' imprisonment.

Creates offences for a person who wilfully or knowingly disobeys, refuses, obstructs, deceives, publishes false libel, or creates disturbances in relation to the Inspectorate or its inquiries.

Anyone who, intending to defraud or deceive, falsely represents themselves as a member, official or agent of the Inspectorate commits an offence and is liable to a fine (up to fifty currency points), imprisonment (up to one year), or both.

Anyone who intentionally frustrates or obstructs the Inspectorate's functions commits an offence and, on conviction, may be fined up to fifty currency points or imprisoned for up to one year, or both.

The Minister may, by statutory instrument and with the approval of Cabinet, amend Schedule 1 to this Act.

The Inspectorate may make regulations by statutory instrument made by the Inspector General, including prescribing fines (up to 100 currency points), imprisonment (up to two years), and additional daily fines (up to 10 currency points) for continuing offences; regulations must be laid before Parliament within twenty-one days and cease if Parliament annuls them within twenty-one days.