"’corruptIy’ means in contravention of the common or statutory law pertaining to-

(a) any agreement; or

(b) any sporting event including the contravention of the constitution, rules or code of conduct of any sporting body which stages any sporting event or of any regulatory body under whose constitution or rules the sporting event is conducted;".

'corruptly' means any crooked or fraudulent conduct in contravention of any law pertaining to-

(a) any agreement; or

(b) any sporting event including the contravention of the constitution rules or code

of conduct of any sporting body which stages any sporting event or of any regulatory body under whose constitution or rules the snorting event C conducted;".

Even though no formal draft was offered by the Institute in respect of a definition for

"corruptly", the Institute proposed that the definition of "corruptly" should include -

(a) the abuse of entrusted power involving dishonesty;

(b) the existence of a principal I agent relationship;

(c) the breach of a principal lagent relationship by the agent in relation to a agreement between the agent and a third party; and

(d) the breach resulting in an advantage being gained by the agent or the third party.

C South African Catholic Bishop's Conference (Prev Corr 18)

Although no formal draft definition was submitted, the Catholic Bishop's are concerned with the expression "spirit of any law" on page 4, in line 3, because they are of the view that these words are too vague.

1.2 Definition of "dealing", on page 4, subparagraph (V):

On page 4, in line 11, after "any", to insert "promise,".

B. Werksmans Attorneys (Prev Corr 9)

On page 4, in line 11, after "sale", to insert "barter,".

1.3 Definition of "gratification", on page 4, subparagraph (viii):

On page 4, in line 52, after "vote", to insert "abstaining from voting".

The above recommendation is also contained in Clause 8(1 )(a) of the Bill]

B. Werksmans Attorneys (Prev Corr 9)

1. Paragraph (a) of subparagraph (viii):

(a) On page 4, in line 33, to delete "money or".

(b) On page 4, in line 33, after "donation", to insert "or".

(c) On page 4, in line 33, to delete "loan" and "valuable security~.

Therefore, subparagraph (viii)(a) should read as follows; "gratification", includes-

(a) [money or] any donation or gift, [loan], fee, reward, [valuable security,]

property or interest in property of any description, whether movable or immovable, or any other similar advantage;".

On page 4, from line 38, to delete paragraph (c) and to insert the following paragraph;

"(c) the offer of any office, employment, residential or holiday accommodation;".

(a) On page 4, in line 42, to delete "valuable" and to insert "non-valuable".

(b) On page 4, in line 42, to delete "or" where it appears for the second time an to insert "including".

Paragraph (e) should therefore read as follows:

"(e) any [valuable] non-valuable consideration or benefit of any kind [or] includin any discount, commission, rebate, bonus, deduction or percentage;".

On page 4, in line 51, to delete paragraph (h) and to insert the following paragraph;

"(h) the grant of any unlawful right or ~rivilege."

(a) On page 4, from line 62, to delete the definition of "partner".

(b) On page 6, after line 11, to insert the following definition;

spouse' means a married person or a partner who cohabits and lives with another person as if married in a heterosexual or same sex relationship as at the time of the commission of the offence;".

(c) On page 5, in line 61, to delete "or partner".

On page 5, after line 22, to add the following paragraph:

"(c) any corporate or other body in which the state holds a controlling interes~"

(a) On page 6, in line 28, after "accept", to insert "or offers to accept".

Clause 3(1) should therefore reads as follows;

"3 (1) A person is guilty of an offence if he or she, directly or indirectly corruptly accepts or agrees to accept or offers to accept for himself or herself or for any other person any gratification as an inducement to do or not to do anything or as a reward for having done or not having done anything.".

(b) On page 6, in line 26, to delete "corruptly" and after "gratification", to add

On page 6, in line 47 to delete "raises reasonable doubt" and to insert "provides a satisfactorily explanation".

The paragraph following clause 3(3) (c) should therefore read as follows:

"is, in the absence of evidence to the contrary which [raises reasonable doubt] provides a satisfactory explanation, sufficient evidence that the person charged or accepted or agreed to accept such gratification corruptly…".

On page 6, in line 54, after "detection" to insert "investigation,".

The words preceding paragraph (a) of subclause (4) should therefore read as follows:

"is in the absence of evidence to the contrary which [raises reasonable doubt] provides a satisfactory explanation, sufficient evidence that the person charged or accepted or agreed to accept such gratification corruptly...".

"Without derogating from the provisions of subsection (3), where a person whose duties include the detection, investigation, prosecution or punishment of offenders is charged with the offence referred to in subsection (1) arising from-".

On page 7, in line 8, after "give", to insert "or offers to give".

Clause 4(1) should therefore read as follows;

"A person is guilty of an offence if he or she, directly or indirectly, corruptly gives or

agrees to give or offers to give to any person, whether for the benefit of that person or

of another person, any gratification as an inducement to do or not to do anything or as

a reward for having done or not having done anything.".

On page 7, in line in line 27, to delete "raises reasonable doubt] and to insert

The paragraph following clause 4(3)(c) should therefore read as follows;

"is in the absence of evidence to the contrary which [raises reasonable doubt) provides a satisfactory explanation, sufficient evidence that the person charged gave or agreed to give such gratification corruptly...".

On page 8, in line 8, after "persons,", to insert "and in which the person holds five percent or more of the stock,".

Clause 6(1) should therefore read as follows;

"Any person employed in the public service who knowingly acquires or holds, directly or indirectly, otherwise than as member of a registered joint stock company consisting of more than 20 persons, and in which the person holds five percent or more of the stock, a private interest in any contract, agreement or investment emanating from 0 connected with the department, component or office in which he or she is employed which is made on account of the public service is guilty of an offence.".

On page 8, from line 28, to delete subsection (2) and to insert the following subsection

"(2) A person convicted of an offence referred to in subsection (1)-

(a) is liable to a fine or to imprisonment for a period not exceeding 15 years, or t( both a fine and such imprisonment; or

On page 10, in line 16, to delete "raises reasonable doubt" and to insert "provides a satisfactorily explanation".

(a) On page 10, in line 24, after "accept", to insert "or offers to accept".

(b) On page 10, in line 28, after "to" where it appears for the first time, to insert "offers to give"

Clause 14(1)(a) and (b) should therefore read as follows;

"(a) accepts or agrees to accept or offers to accept any gratification, whether for himself of herself or far the benefit of another person, as an inducement t influence or as a reward for influencing or having influenced the run of play C the outcome of a sporting event;

(c) On page 10, after line 32, to add the following paragraph;

"(d) enqages in any malpractice or misconduct which constitutes a threat to undermines the integrity of any sporting event, which shall include any persc whether he or she is directly or indirectly a party to or assists a person in the commission of any such offence.

On page 11, from line 51, to delete "raises a reasonable doubt" and to insert

"provides a satisfactorily explanation".

Although no formal draft clause was tendered, the Catholic Bishop's are of the opinion that the clause should not be restricted to public officials but to the private sector as we

On page 12, after line 14, to insert the following new subclause (3) while subclause becomes subclause (4):

Even though no draft was tendered, the Institute proposes that the protection afforded by the Protected Disclosure Act, 2000, and the Witness Protection Act, 1998, should be built into the Bill.

Even though no draft was tendered in support of the submission, the Institute felt that a "fine" as a penalty for corruption will be insufficient and will not serve as a deterrent. It was further submitted that the "property" received as a result of the corrupt act should be forfeited to the State.

The 155 suggests that the following clauses should be included in the Bill;

'Immunity

A court may grant immunity from prosecution where-

investigation has commenced;

(b) that person was not the instigator of the act of corruption concerned; and

"(1) Any person is guilty of an offence if he or she, directly or indirectly, corruptly in the course of business activity-

(b) requests or receives, directly or indirectly, from any person who directs or works for, in any capacity, a private sector entity, of any undue advantage or the

promise thereof for themselves or for anyone else, or the acceptance of an offer or a promise of such an advantage, to act or refrain from acting in breach of their duties (passive bribery).

They propose the insertion of the following clause in the Bill (Submission received on 7108/02)

"Corruption of participants, officials or employees of bodies engaged in sporting events (Bribery)

(1) A person is guilty of an offence if he or she directly or indirectly, corruptly gives or agrees to give any participant in, official or employee of any sporting body engaged in the conduct and or regulation of any sporting event any gratification as an inducement to or as a reward for-

(a) engaging in any malpractice or misconduct which constitutes a threat to or

undermines the integrity of any sporting event;

In a written submission received on 7 August 2002, the Unit proposes that the following new Qhapter 3 be inserted and that the existing Chapter 3 should become Chapter 4

23 Any person who corruptly and unlawfully performs an act or corruptly and unlawfully omits to perform an act, the performance or omission of which causes or contributes to-

24. Any agent who corruptly accepts any gratification in relation to his, her or its principal's affairs shall be liable to his, her or its principal in an amount equal to the value of such gratification, irrespective of any fault on the part of such agent.

25. Any person who is corruptly enriched at the expense of any other person, business, principal, public body, foreign state or public international organisation, shall be liable to the person, business, principal, public body, foreign state or public international organisation concerned in an amount equal to the value of such enrichment irrespective of any fault on the part of the person who is so enriched.

26. Any party to a contract whose consent to any of the terms thereof has been undermined by an act corruptly performed or omitted shall have the right to apply to a court of competent jurisdiction for an order declaring the contract to be void notwithstanding such parties right to claim for losses, damages or impoverishment suffered.

27. proceedings under this Chapter or under any other law.

28. If it is proved, or presumed in terms of the provisions of this Act, in any civil proceedings instituted in respect of liability flowing from the provisions of this Chapter that any person corruptly and unlawfully performed an act or corruptly and unlawfully omitted to perform an act and that any person. business, principal, public body, foreign state or public international organisation expended any money or disposed of any property as a result of such act or omission, it shall be presumed, unless the contrary is proved, that the person, business, principal, public body, foreign state or public international organisation concerned suffered a loss or damages egual to the amount of money so expended or the value of the property so disposed of"

29. If it is proved in any civil proceedings instituted in respect of liability flowing from the provisions of this Chapter. that the respondent or defendant concerned performed an act corruptly and unlawfully or omitted to perform an act corruptly and unlawfully which caused or contributed to any loss or damages suffered by any person, business, principal, public body, foreign state or public international organisation, it shall be presumed, unless the contrary is proved, that any other similar act performed or omitted by such respondent or defendant which caused such person, business, principal, public body. foreign state or public international organisation, as the case may be, to expend any money or dispose of any property, is an act corruptly and unlawfully performed or omitted.".

Even thought the Catholic Bishop's did not tender a draft clause they are of the opinion that the Bill should contain a provision which prohibits public officials from entering the private sector employment after a corrupt act.