The government is set to introduce a controversial bill giving DCEC officers the power to arrest, search, and seize property without a warrant, raising concerns over potential abuse of power and citizens’ human rights
GAZETTE REPORTER
The government is set to present a controversial bill before Parliament that would empower the Directorate on Corruption and Economic Crime (DCEC) to arrest individuals without a warrant, sparking debates over civil liberties and anti-corruption powers.
The proposed legislation, expected to be gazetted before parliamentary scrutiny, outlines expanded powers for the anti-corruption agency, including warrantless arrests, searches, and seizure of property connected to suspected offences under the Act.
Under the bill, any officer authorised by the Director-General of DCEC may arrest a person without a warrant if there are reasonable grounds to suspect that the individual has committed, or is about to commit, an offence under the Act. Officers may also arrest someone suspected of committing a related offence if it appears connected to the original crime.
USE OF FORCE AND ENTRY INTO PREMISES
The bill allows officers to use “such force as is reasonable in the circumstances” to effect an arrest. Officers may enter premises to apprehend suspects, provided they identify themselves and present credentials. If entry is refused, the legislation permits forcible entry to carry out their duties.
SEARCH AND SEIZURE PROCEDURES
In addition to arrest powers, the bill sets out procedures for search and seizure. It authorises DCEC officers to conduct searches without a warrant in urgent cases where there is reasonable cause to believe that evidence of an offence is being conveyed, concealed, or contained in any place, vessel, aircraft, or vehicle.
The law also allows officers to arrest individuals suspected of offences uncovered during investigations, if the offences are connected to the initial suspected crime.
JUDICIAL OVERSIGHT AND DOCUMENTATION
The bill provides for search warrants issued by judicial officers to authorise searches of persons, premises, vehicles, or receptacles suspected of containing evidence. For warrantless searches, seized property must be documented, with a written record delivered to the owner and a copy provided to the Director-General within 72 hours.
In the case of perishable items, the Director-General may apply to the High Court for their sale, with proceeds held in an interest-bearing account until final resolution.
CONCERNS OVER CIVIL LIBERTIES
While the legislation is aimed at strengthening anti-corruption enforcement, critics have raised concerns about potential abuse of power and the balance between investigative efficiency and citizens’ rights. Parliament is expected to scrutinise the bill closely in the coming weeks.