ACC

The Department of Judicial Administration (DJA) has said that the mandate of the Anti-Corruption Commission (ACC) has not been reduced due to the Supreme Court’s ruling last Sunday to annul High Court’s Order to halt the Border Control System project.

DJA said in a statement today that some parties have been spreading misleading information about this ruling by Supreme Court.

According to DJA, factors considered by Supreme Court prior to issuing the ruling were whether High Court had considered the necessary factors before authorising the implementation of an administrative Order between two State Institutions, and whether High Court’s Order fulfilled the requirements of a temporary Order.

DJA said that Supreme Court decided to annul High Court’s Order because it did not fulfil these requirements, and that this decision does not reduce the mandate of the ACC to carry out its responsibilities as stipulated in the Constitution and the ACC Act.

Supreme Court’s ruling states that the mandate of the ACC is to investigate corruption allegations against State Offices, and to take action to facilitate such investigations; and that ACC does not have the authority to issue public law administrative Orders.

According to Supreme Court, Orders related to civil offences should be obtained via the Prosecutor General, and action such as terminating an agreement made between two parties should be taken in accordance with the Civil Procedure.

ACC’s President Hassan Luthfee said in relation to this Order by Supreme Court that ACC no longer has the authority to stop any acts of corruption regardless of how serious they may be.