MPs want broader powers to investigate anyone for illicit enrichment

Ruling PNC lawmakers have called to amend the law to broaden powers to investigate and press charges against all individuals who have gained illicit enrichment while in a public post.

A government-backed bill to amend the Penal Code has been submitted to the Parliament with the sponsorship of Maafushi MP Hussain Riza Adam which seeks to ease the process of pressing charges against individuals who have gained illicit enrichment while in a public post, even after they leave the post.

The amendment has been proposed to Article 15 of the Penal Code.

As per the amendment, illicit enrichment while holding the post of the president, a cabinet minister, a parliamentarian or a judge accounts for a class two criminal act. Illicit enrichment in other circumstances would amount to a class three criminal act.

Speaking during the preliminary debate on the bill at Tuesday’s parliamentary sitting, PNC’s Eydhafushi MP Ahmed Saleem underscored that the amendments should not be targeted towards all lawmakers as individuals elected as lawmakers in various assemblies have been operating businesses ahead of their election.

He stressed that lawmakers are not placed in charge of the treasury of any place and thus, cannot influence matters in their capacity as owners of companies. Nevertheless, he cited the possibility of individuals who have gained illicit enrichment among lawmakers.

As per Saleem, all individuals employed in public posts cannot be accused of the same. As such, he expressed concern over matters turning for the worse if things were to remain this way.

“This law should be implemented to allow investigation into any individual who has gained an illicit enrichment under any circumstances. It should not be limited to the President, lawmakers and civil servants,” he added.

PNC’s North Thinadhoo MP Saudhulla Hilmy also backed the arguments made by Saleem, citing illicit enrichment also benefits individuals who are not employed in a public post.

He alleged that the issue of people benefiting from the illicit enrichment of individuals employed in public posts had persisted over the years due to failure to address the issue promptly.

In this trajectory, Saudhulla called to investigate cases related to people who have benefitted from illicit enrichment in this manner. 

“I also call upon the government to the government to propose amendments to the law to include individuals who are not employed in public posts,”

Illicit enrichment was criminalized via an amendment to the law in 2021. Back then, pro-government lawmakers had expressed concern that the law was incomplete as illicit enrichment in the capacity of head of state cannot be investigated under the law.

Henceforth, the amendment to Article 15 of the Penal Code is aimed at redefining the crime of illicit enrichment in light of confusion arising from the existing wordings in the law.

Illicit enrichment under the amendment 

Illicit enrichment under the amendment is defined as establishing and maintaining a standard of living that does not correspond to the income received while employed in a government post.

In this regard, acquiring property or money to their name or in the name of someone the individual is connected to by family, personal or business that do not correspond to the income earned while employed in the government post is considered as illicit enrichment.

It is considered illicit enrichment of the individual is unable to prove that the standard of living established and maintained by them is within the confinement of law or if they unable to prove that property or money acquired by another party with family, personal or business links to the person was acquired within the confinements of law.

If it is proven that the enrichment falls within the confinements of law, it would not be considered a crime.