In Lesotho, anti-corruption measures are firmly established through legislation aimed at promoting transparency and accountability in both the public and private sectors. The cornerstone of this framework is the Prevention of Corruption and Economic Offences Act of 1999, which is enforced by the Directorate on Corruption and Economic Offences (DCEO).

The DCEO plays a central role in tackling corruption through education, prevention strategies, and the investigation of alleged misconduct. While its primary focus is on curbing corruption among public officials, the law also extends to private individuals in certain instances, especially where their actions intersect with public functions or government interests.

Understanding Corruption in Legal Terms

Under the Act, corruption includes the offering, giving, receiving, or soliciting of an undue advantage, whether directly or indirectly, to influence the actions of someone entrusted with a position of authority or responsibility. This applies whether the intention is to affect a future act or reward a past action.

The law defines a “benefit” in broad terms, encompassing not only money and property but also services, appointments, debt relief, or any promise of value. Importantly, the benefit does not need to be tangible or immediate; even the mere offer or expectation may be enough to constitute an offence.

Key Provisions of the Anti-Corruption Law

The Act outlines various types of prohibited conduct involving both public officials and private agents. Here are some critical offences as defined by the legislation:

• Corruption by Public Officials: A public servant commits an offence if they solicit or accept a benefit in exchange for influencing their official actions. Likewise, it is unlawful for any person to attempt to sway a public officer’s decisions through bribes or favours.

• Corrupt Dealings by Agents: It is an offence for agents, individuals acting on behalf of another person or organisation, to accept or offer bribes related to their principal’s affairs. This covers business transactions, contractual negotiations, and general decision-making responsibilities.

• Bribery in Contractual Matters: The law also prohibits the giving or receiving of inducements related to the awarding or administration of government contracts. This includes any influence over the negotiation, amendment, or termination of public procurement agreements.

Restrictions on Public Officers

In addition to prohibiting corrupt practices, the law imposes specific limitations on government employees:

• They are not permitted to undertake paid or unpaid outside work using government resources without the Minister’s express permission.

• They may not receive personal rewards, gifts, or additional payments for performing government services unless authorised by their department head.

Enforcement and Penalties

Non-compliance with anti-corruption laws can lead to serious consequences, including:

• Criminal prosecution

• Financial penalties

• Forfeiture of assets linked to corruption

• Disqualification from holding public office

The DCEO, working in partnership with other state agencies, has broad powers to investigate suspected corruption, gather evidence, and initiate legal proceedings.

Conclusion

Corruption undermines governance, economic development, and public trust. Lesotho’s legal system, through the Prevention of Corruption and Economic Offences Act, provides a clear legal mandate to prevent and punish corrupt behaviour at all levels. Whether you are a public official, private citizen, or business operator, understanding and complying with anti-corruption laws is not only a legal obligation, it is essential for building a just and transparent society.

If you have questions about compliance, reporting misconduct, or navigating regulatory obligations, our legal team is here to help.