Speaking to FMT, South Sudan Anti-Corruption Commission (SSACC) deputy chairperson Johnny Saverio said the SSACC would only submit investigation papers to the Ministry of Justice if there was a need for follow-up criminal prosecution.
“If there is proof of criminal corruption, then we will take it to the prosecution,” said Saverio, who is among 29 anti-corruption officials from around the world undergoing training at the Malaysian Anti-Corruption Academy as part of their Masters in Anti-corruption Studies programme.
He also said the SSACC did not require anyone’s consent or approval to open investigations on any party or submit investigation papers to the Ministry of Justice, which would then decide if a case would be prosecuted or not.
Saverio added the SSACC could be called by the Ministry of Justice to explain their investigations in more detail and that no one had the authority to obstruct the commission from carrying out their duties.
He also said that in South Sudan, the five key members of the SSACC would be appointed by the president and endorsed by a small majority in Parliament, and could only be dismissed via a two-third majority vote in Parliament.
In Tanzania, Adam Kilongozi, a senior investigator in the country’s Prevention and Combating of Corruption Bureau said the bureau could open and close investigations without approval from any authority.
He said that in criminal corruption cases – as opposed to administrative corruption – the bureau would only forward investigation papers for prosecution if investigations revealed that suspects had committed a crime, and from there it was up to the prosecution to proceed with the next course of action.
In Malaysia, the MACC submits investigation papers to the Attorney-General’s Chambers (AGC) for prosecution.
On Monday, the AGC returned investigation papers on the RM2.6 billion donation and SRC International to the Malaysian Anti-Corruption Commission for further clarification.
Attorney-General Mohamed Apandi Ali said the AGC wanted the MACC to explain the suggestions and actions it had proposed.