60. If a particular institution is responsible for overseeing compliance with existing rules against abuse of state resources, what powers is it granted?
Kiribati
(5) The primary functions of the Leadership Commission are:
- to receive complaint against Leaders;
- to investigate alleged violations of this Code;
- to require the evidence of any witness (whether written or oral) to be given on oath or affirmation;
- to summon any person to give evidence or produce relevant documents or things in his possession;
- to report on the outcome of all investigations;
- to educate the public on matters related to this Code, and
- to determine their own rules of procedures.
(6) The Leadership Commission should provide a report of its investigations, findings and recommendations to the Office of the President for appropriate action. Where the findings involve criminal activities, a copy of the Report shall be provided to the Commissioner of Police for proper criminal investigations and to the Attorney General's Office for their review, and possible prosecution
Source: Article 13, Leaders Code of Conduct Act 2016, Act 9 of 2016
(2) The Leadership Commission may resolve that the investigation shall be carried by one or some of the Commissioners, on behalf of the full Commission.
(3) The Leadership Commission may seek the assistance of relevant Government Departments and Agencies in their investigations
Source: Article 14, Leaders Code of Conduct Act 2016, Act 9 of 2016
(5) In carrying out its functions the Leadership Commission must be given access at all convenient times to every paper, minutes, record, contract, book, computer storage facilities and equipment, account or other documents that is in the possession of any organization, body or individual, and that is relevant to the investigation.
(6) The Leadership Commission may direct any person it considers able to give any information relating to the alleged or suspected violation of this Code to furnish that information or summon that person to appear before the Commission at a specified time and place to be examined on oath or affirmation
Source: Article 14, Leaders Code of Conduct Act 2016, Act 9 of 2016
(1) If a Leader is found to have violated this Code, the Leadership Commission may find such person to be liable to one or some or all of the following Orders, as may be thought fair and necessary to do justice and restore public confidence:
- Forfeiture of gains;
- Restraining Order;
- Oral or Written warnings or reprimands; and
- Suspension or Removal from Office, in accordance with the applicable laws and contract of employment.
Source: Article 18, Leaders Code of Conduct Act 2016, Act 9 of 2016
Leadership Commission may investigate any complaint lodged, require evidence from any witness, seek the assistance of other government departments and agencies, report on the investigation, and issue sanctions including forfeiture of gains, restraining orders, reprimands and suspension or removal from office.
