The Permanent Commission Against Corruption was established in virtue of Act No XXII of 1988 (Chapter 326 of the Laws of Malta - hereinafter referred to as "The Act") and is composed of a Chairman and two members who are appointed by the President of Malta, acting in accordance with the advice of the Prime Minister, given after consultation with the Leader of the Opposition. (Article 3(1))

Composition of the Commission

The Chairman

In terms of the Act, the Chairman of the Commission must be a person who holds, or has held, the post of a judge or that of a magistrate or is an advocate. Provided that in the last two instances, the person must have practised as an advocate for a specified minimum number of years. Art 3(2)

The Members

Persons who are, or were, Ministers, Parliamentary Secretaries or Members of the House of Representatives are not eligible for appointment as members. The same applies for persons who are or were, members of a local government authority or are serving public officers, other than a public officer who is qualified to be appointed as Chairman according to the preceding paragraph. Art 3(3)

Independence of the Commission

In the exercise of its functions the Commission is not subject to the direction or control of any other person or authority. Art 3(8)

The Chairman and members are appointed for a period of 5 years and cannot be removed from office except under exceptional circumstances that are specified in the Act such as inability to discharge their duties due to infirmity. Art 3(5)

Salaries or other expenses of the Commission are defrayed out of the Consolidated Fund. Art 16

Appointment of Staff and Experts

The Secretary to the Commission, as well as other staff which are deemed necessary, shall be appointed by the Prime Minister. Art 13

Furthermore the Prime Minister may, at the request of the Commission, appoint a person to assist it in its investigations in a consultative capacity. Art 12

Functions of the Commission Art 4

The functions of the Commission are:

1. To consider alleged or suspected corrupt practices and to investigate such allegations or suspicions when it determines that there are sufficient grounds for an in-depth investigation.

2. To investigate the conduct of any public officer, including Ministers or Parliamentary Secretaries, which in the opinion of the Commission may be corrupt or may be connected with or may be conducive to corrupt practices.

3. To investigate the conduct of any person who is or had been entrusted with functions relating to the administration of a partnership or other body in which the Government, local government, statutory body etc has a controlling interest or effective control, where the Commission is of the opinion that such conduct could be corrupt or connected with or conducive to corrupt practices.

4. To investigate the practices and procedures of government departments, local government authorities, statutory bodies or other bodies in which the government has a controlling interest or effective control in order to facilitate the discovery of corrupt practices and to recommend the revision of work practices or methods that could be conducive to corrupt practices.

5. To instruct, advise and assist Ministers or other persons who are entrusted with the administration of government departments and other bodies where the government has a controlling interest or effective control (as in the previous instances), on ways in which corrupt practices could be eliminated.

In the case of paragraphs 1 - 4 above, Reports of the Commission's findings are submitted to the Minister responsible for the Justice Department. Art 11 (a)

Definition of Corrupt Practices Art 6

The corrupt practices that are investigated by the Commission are defined in the Act itself.

These are:

a) Sections 112-118, 120, 121, 124-126 and 138 of the Criminal Code.

b) Acts or omissions that consitute an attempt to commit any of the offences referred to at paragraph (a) above or which constitute offences under sections 41 and 42 of the Criminal Code.

c)Conspiracy to commit any of the offences referred to at paragraphs (a) and (b) above. Such conspiracy shall be deemed to commence the moment it is planned or agreed upon between two or more persons.

Investigations

The Commission conducts investigations either on its own initiative or following reports made to it by any person provided that in these instances, the allegations are confirmed on oath. Art 5

Investigations can be conducted in respect of matters: Art 17

1) that had been carried out 12 years before the coming into force of the provisions of the Act (provided that such investigations were initiated before the lapse of 5 years from the coming into force of the Act); or

2) that were carried out not more than five years earlier.

The Commission has the power to summon witnesses, request files or other documentary evidence as well as to seek Police assistance when it deems fit. Art 8

Witnesses are heard on oath and may refuse to anwer questions that could incriminate them. They also have the right to be assisted by a legal adviser. Art 9 (1), (4) and (5)

The Attorney General can grant exemption from criminal proceedings to witnesses for reasons specified in the Act. Art 19

If, during the course of an investigation, the Commission discovers an act or omission that could be connected with the act of corruption iself, then it could investigate also such act or omission. Art 7

Proceedings before the Commission are held in private and the information obtained by the Members of the Commission, any person appointed in a consultative manner or its staff cannot be disclosed except for the purpose of the investigation itself and/or any report relating to the investigation. The members of the Commission and its officers cannot be called to give evidence in proceedings of matters coming to their knowledge in the course of an investigation under the Act. Art 15 (1)

Furthermore no action shall lie at law in connection with the making of any report or request made by the Commission or Attorney General in accordance with the provisions of this Act, and any publication of such report, or with the giving in good faith of any information to the Commission for the purpose of the Act. Art 18

The information given above is intended as general information and is not intended as an interpretation of any part of the Act and may not be used as such in any proceedings. The Act (Chapter 326 of the Laws of Malta) is available online.

Permanent Commission Against Corruption
The Palace,
Valletta CMR 02

Telephone: 2124 0254, 2122 0697
Fax: 2124 0257

Chairman : Dr. Albert Manche', LL.D
Secretary : Mr. Tony Pace
Members : Dr. Raymond Zammit LL.D, Lt. Col. John Harrison