(Decree No. 2006/088 of 11 March 2006 relating to the setting up, organisation and functioning of the National Anti-Corruption Commission)
Art. 1: (1) A National Anti-Corruption Commission hereinafter referred to as “the Commission” abbreviated “NACC” is set up.
(2) The Commission shall be placed under the authority of the President of the Republic.
(3) Its headquarters shall be in Yaounde.
Art. 2: (1) The Commission shall be an independent public body charged with contributing to the fight against corruption.
(2) In that capacity, it shall notably be responsible for:
– monitoring and evaluating the effective implementation of the governmental anti-corruption plan;
– gathering, centralising and analysing denunciations and information forwarded to it in respect of corrupt practices, deeds and facts and similar offences;
– conducting all studies and investigations and opposing any measures aimed and forestalling or curbing corruption;
– carrying out, where necessary, on-the-spot controls of the execution of projects, as well as the evaluation of conditions of public contract awards;
– disseminating and popularising anti-corruption instruments; identifying the causes of corruption and proposing to the relevant authorities measures likely to lead to its eradication from all public or semi-public services;
– performing any other duties assigned it by the President of the Republic.
Art. 3: (1) The Commission may initiate proceedings for any corrupt practices, deeds and facts and similar offences with which it is acquainted.
(2) Any natural person or corporate body may also lodge with the Commission, any complaint or denunciation in respect of corrupt deeds and facts.
(3) The Commission shall be bound to protect its sources of information. Provided that where the malicious intent of the informer is established, the Commission shall disclose the source concerned at the behest of the court.
Chapter II Organisation
Art. 4: The Commission shall comprise:
– the Coordination Committee;
– the Permanent Secretariat.
1 – Coordination Committee
Art. 5: Under the authority of the Commission Chairperson, the Coordination Committee shall be responsible for:
– establishing direct contacts with members of government and heads of public and semi-public services;
– authorising missions of Commissioners;
– ensuring discipline, efficiency and effectiveness of Commission members and staff;
– preparing an annual programme of activities of the Commission in accordance with its duties and ensuring the implementation thereof.
Art. 6: Besides the Chairperson and Vice-Chairman, the Coordination Committee shall comprise 9 (nine) members chosen from among personalities from administration and civil society, who have shown proof of integrity in the exercise of their duties and are of good moral conduct.
Art. 7: Commissioners must possess recognised professional experience in areas falling within the Commission’s remit.
Art. 8: (1) The Chairperson, Vice-Chairperson of the Commission and members of the Coordination Committee shall be appointed by decree of the President of the Republic for a term of 3 (three) years, renewable once where necessary.
(2) The above provision notwithstanding in case of gross misconduct, the term of office of the Commission Chairperson or of members of the Coordination Committee may terminate at any moment.
(3) In the event of legal proceeding or manifest conflict of interest, the appointing authority shall suspend the Commissioner concerned from duty.
Art. 9: (1) In the event of death while in office or whenever the Commission Chairperson is or a member of the Coordination Committee is no longer able to perform his duties, he shall be replaced.
(2) Where the Commission Chairperson is temporarily unavailable or is suspended, the Vice-Chairperson of the Commission shall deputise up to the end of the period of unavailability or suspension.
II- Permanent Secretariat
Art. 10: Under the authority of a Permanent Secretary, who shall be the main administrative assistant of the Commission Chairperson, the Permanent Secretariat shall be responsible for:
– handling matters of the Commission;
– coordinating activities of the structures of the Commission;
– ensuring the training and retraining of Commission staff;
– assisting Commissioners on investigation missions;
– participating in gathering evidence within the frame work of inquiries conducted by the commission;
– collecting, centralising and analysing information and denunciations in respect of corrupt practices, deeds and facts or similar offences;
– conducting studies or capacity building for anti-corruption bodies;
– analysing reports from anti-corruption units in ministries;
– preparing meeting and drawing up half-yearly reports of the NACC;
– monitoring the implementation of the Commission recommendations.
Art. 11: The Permanent Secretariat shall comprise:
– the investigations division;
– the prevention and communication division;
– the studies and cooperation divisions;
– the mail and records service
– the general affairs service;
– the translation service.
Art. 12: (I) Under the authority of a division head, the investigations division shall be responsible for:
– assisting Commissioners on investigation missions;
– participating in gathering evidence within the framework of inquiries conducted by the Commission;
– conducting special inquiries ordered by the Commission Chairman;
– collecting, centralising and analysing information and denunciations in respect of corrupt practices, deeds and facts or similar offences;
– preparing Commissions missions;
– following up legal and disciplinary proceedings;
– performing any other duties assigned it by the Commission Chairman or the Permanent Secretary.
(2) Besides the division head, it shall comprise 5 (five) research officers and 5 (five) assistant research officers.
Art. 13: (1) Under the authority of a division head, the prevention and communication division shall be responsible for:
– proposing measures to prevent and eradicate corruption;
– informing the public on the activities to prevent and combat corruption;
– raising awareness and informing the public on the anti-corruption drive;
– drafting and implementing the Commission’s communication plan;
– performing any other duties assigned it by the Commission Chairperson.
(2) Besides the division head, it shall comprise 2 (two) research officers and 3 (three) assistant research officers.
Art. 14: (1) Under the authority of a division head, the studies and cooperation division shall be responsible for:
– conducting studies and capacity-building for anti-corruption bodies;
– developing partnership with national and international anti-corruption bodies;
– collecting and keeping documents;
-establishing a documentation centre;
– conducting any other studies entrusted to it by the Chairperson or the Permanent Secretary of the commission.
(2) Besides a division head, it shall comprise 2(two) research officers and 3 (three) assistant research officers.
Art. 15: Under the authority of a service head, the mail and records service shall be responsible for:
Receiving and dispatching incoming and outgoing mail;
Keeping the card index and record.
Art. 16: Under the authority of a service head, the general affairs service shall be responsible for:
– managing personnel;
– preparing and executing the budget;
– preparing quarterly and annual management and budget execution reports;
– preparing mission orders to be submitted to the Commission Chairperson for signature;
-managing, maintaining and keeping equipment;
– designating and implementing the data processing master plan of the Commission;
– conducting studies on the development operation and maintenance of the computer network and applications of the Commission;
-developing data bank and databases of the different computer sub-systems of the Commission;
– ensuring the securement available and integrity of the Commission’s computer system.
Art. 17: Under the authority of a service head, assisted by the deputy service head, the translation service shall be responsible for the routine translation of the commission’s documents.
Chapter III – Functioning
Art. 18: (1) The coordination committee shall meet at least once every month at the behest of its Chairperson.
(2) The coordination committee shall validly conduct business only in the present of two-thirds of its members.
(3) Decisions of the coordination committee shall be taken by a simple majority of members present. In the case of a tie, the Chairperson shall have a casting vote.
Art. 19: The Commission shall duly investigate, within a reasonable time-frame, upon receipt of any denunciation or matter referred to it.
Art. 20: Commissioners shall be vested with the relevant powers to monitor, assess and investigate in the performance of their duties.
To that end, Commissioners on assignment:
– shall have a right to access all government, semi-public and private services as well as all documents and information needed for the discharged of their duties;
Shall be authorised to request information from any public servant, whether an official or not as well as from any natural person or corporate body awarded a public contract.
Art. 21: (1) Any refusal to collaborate with or support a Commissioner discharging his duties may lead to disciplinary or administrative sanction.
(2) Where such refusal is by a member of Government or manager of a public enterprise, the matter shall be reported immediately to the President of the Republic.
Art. 22: (1) Findings of the investigations conducted by the Commission shall lead to disciplinary or legal proceedings.
(2) Where deeds and facts likely to be considered as corruption or any related offence is established, the Commission shall gather evidence and forward the file to the President of the Republic for appropriate decisions.
(3) However, in order to establish a case of flagrante delito following denunciation, the Commission shall request the competent state services. The Commission Chairperson may directly contact the Minister in charge of Justice, and inform the employer of the accused person(s) thereof.
Art. 23: (1) The Commission Chairperson and members of the Coordination committee may follow up legal proceedings in court.
(2) To that end, the commission Chairperson shall appoint a representative of the Commission.
Art. 24: (1) The Commission’s annual action programme shall be approved by the President of the Republic.
(2) A report shall be drawn up following each Commission assignment. It shall be forwarded to the President of the Republic and to the Government services responsible for implementing its recommendations.
(3) The Commission shall submit to the President of the Republic an annual report on anti-corruption drive.
(4) Such annual report shall be published.
Chapter IV – Rights and Obligations of Commissioners
Art. 25: (1) Commissioners shall be bound to professional secrecy. They shall swear the oath before the Supreme Court.
(2) The oath shall be as follows: “I undertake to discharge my duties with integrity without fear or favour and in total independence, in accordance with the Constitution, laws and regulations of the Republic”.
Art. 26: (1) The State shall be bound to protect Commissioners against threats, contempt, assault, insult of defamation to which they may be exposed on account of or in the discharge of their duties.
(2) The State shall be bound to compensate Commissioners for any damages suffered as a result of deeds of the Commission. In such case, the State shall automatically substitute for the victim to obtain from the accused persons the refund of the sums paid by it to the commissioner and other expenses incurred.
(3) Subjected to compliance with the Constitution as well as the law and regulations in force, Commissioners may not be prosecuted, pursed, arrested or detained for opinions expressed or acts committed in the performance of their duties.
Chapter V – Financial provisions
Art. 27: Commission resources shall be derived from:
– State budget appropriations;
– funds from development partners;
– sundry gifts and legacies;
– any other resources.
Art. 28: (1) The Commission shall manage part of its budget as a special imprest.
(2) The Commission may open a bank account for other resources.
Art 29: The acceptance of resources other than those of the State shall be subjected to the prior approval of the President of the Republic.
Art. 30: The Commission Chairperson shall be the authorising officer.
Art. 31: (1) The budget of the Commission shall be governed by public accounting rules and shall be managed in accordance with the laws and regulations in force.
(2) Funds from partners, gifts and legacies shall be managed in accordance with conditions agreed upon by the parties and recorded in compliance with public accounting rules.
Art. 32: The management of the Commission’s funds shall be audited by the competent services of the State.
Chapter VI – Provisions Relating to Human Resources
Art. 33: The Commission may call on short tem staff or sworn experts.
Art. 34: (1) The staff of the Commission shall be made up of civil servants or state employees seconded or posted by the administration.
(2) However, the Commission may recruit its own personnel, if need be.
Art. 35: (1) The Permanent Secretary shall be appointed by decree of the President of the Republic.
(2) The division heads, research officers, assistant-research officers, service heads and their assistants shall appointed by decision of the Commission Chairperson following a resolution of the Coordinating Committee.
Art. 36: The staff rules and regulations, the types and rates of the benefits of the Chairperson and Vice-Chairperson, members of the Coordinating Committee and officials as well as the other staff members shall be fixed by the Coordinating Committee following the approval of the President of the Republic.
Chapter VII – Miscellaneous and final provisions
Art. 37: The Commission shall draw up and adopt its internal rules and regulations.
Art. 38: All previous provisions repugnant hereto, in particular, those of order No. 1/PM of 4 January 2000 to set up the anti-corruption observatory, are hereby repealed.
Art. 40: This decree shall be registered, published according to the procedure of urgency and inserted in the official gazette in English and French.