Southern Sudan Anti-Corruption Commission Act, 2009.

This Act, comprising 47 articles divided into VII Chapters, aims to provide the establishment and governance of an independent Commission to prevent and combat corruption at all levels, as well as to direct and provide oversight for the requirement under the Interim Constitution of Southern Sudan, 2005 for all persons holding constitutional posts and senior public officers to make declaration of their income, assets, and liabilities, and any other issues related to that. This Act shall apply to Public Officials, public entities, corporations, all other commercial enterprises, non-governmental organizations, whether national or international, foundations, trusts, charities, and civil society organizations and individuals using or handling public resources or properties. The Commission shall undertake the following main functions (i) protect public property; (ii) investigate cases of corruption involving public property as well as the private sector; (iii) coordinate with any agency of Government in the investigation of cases of corruption; (iv) combat conducts which tend to promote or encourage corrupt practices in public affairs; (v) combat administrative malpractices in public institutions such as nepotism, favoritism, tribalism, sectionalism, gender discrimination, embezzlement, and sexual harassment; (vi) enlist and educate the public and foster public support in combating corruption and corrupt practices. Decisions of the Commission shall be made in a transparent manner,independent of political, industrial and other influences. The Commission shall have the power to investigate any allegations, facts, conditions, practices, or matters, including the search of bank accounts and other assets of spouses, children and others in a domestic relationship, which it considers necessary or proper to determine whether any person is engaged in or about to commit corruption. If the Commission possesses a credible suspicion that a corruption offense has occurred or is imminent, it shall establish an Inquiry/Investigation Committee. This committee will be led by a Commission member and staffed with designated officers tasked with conducting a thorough investigation into the matter. According to the Constitution's stipulations, investigations are typically conducted privately, unless the Commission deems it necessary in the public interest to conduct a public inquiry.
In terms of management, the Commission will be overseen by the Executive Director, who serves as the primary administrator responsible for the Commission's day-to-day operations. This includes implementing Commission decisions and supervising the staff. The Commission's supervisor is the Chairperson, who holds the following key powers, functions, and responsibilities: (i) representing the Commission at official functions and events; (ii) overseeing and monitoring the Commission's financial resources; (iii) providing regular reports to the President and the Assembly; (iv) appointing Commission officers and staff; and (v) monitoring and assessing the Commission's performance.
In line with the principle of protecting informants and witnesses, no legal action or proceeding, including disciplinary actions, shall be instigated or maintained against an individual for (i) their sincere disclosure of information to the Commission or their assistance to the Commission or an investigator in good faith; (ii) their cooperation with an investigator.