WORKING DOCUMENT NO

WORKING DOCUMENT NO. 4 (JANUARY 2003)

REPUBLIC OF SOUTH AFRICA

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PREVENTION OF CORRUPTION

BILL

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(As introduced in the National Assembly as a section 75 Bill; explanatory summary of the

Bill published in Government Gazette No 23336 of 18 April 2002) (The English text is the

official text of the Bill)

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(MINISTER FOR JUSTICE AND CONSTITUTIONAL DEVELOPMENT)

[B 19—2002] ISBN 0 621 32157 5

No. of copies printed .................................... 1 800

BILL

To provide anew for the prevention of corruption and related offences; and to provide for matters connected therewith.

PREAMBLE

WHEREAS the Constitution enshrines the rights of all people in the Republic and affirms the democratic values of human dignity, equality and freedom;

AND WHEREAS the Constitution places a duty on the State to respect, protect, promote and fulfil all the rights as enshrined in the Bill of Rights;

AND WHEREAS corruption, bribery and related offences endanger the stability and security of societies, undermine the values of democracy and morality, jeopardise social, economic and political development, free trade and the credibility of governments and provide a breeding ground for organised crime;

AND WHEREAS there are links between corruption and other forms of crime, in particular organised crime and economic crime;

AND WHEREAS corruption is a phenomenon that crosses national borders and affects all societies and economies, so that international cooperation is essential to prevent and control corruption and related offences;

AND WHEREAS the United Nations has adopted various resolutions condemning all corrupt practices, including bribery, and urged member states to take effective and concrete action to combat all forms of corruption, bribery and related corrupt practices [,];

AND WHEREAS the Southern African Development Community Protocol Against Corruption reaffirms the need to eliminate scourge of corruption through the adoption by member states of effective preventative and deterrent measures by strictly enforcing legislation against all types of corruption;

AND WHEREAS it is desirable to unbundle the crime of corruption in terms of which various specific corrupt actions and corrupt practices are defined and prohibited,

BE IT THEREFORE ENACTED by the Parliament of the Republic of South Africa, as follows:—

ARRANGEMENT OF SECTIONS

Section

CHAPTER 1

DEFINITIONS AND INTERPRETATION

1. Definitions

2. Interpretation

CHAPTER 2

OFFENCES AND PENALTIES

3. General offence of corruptly accepting gratification

4. General offence of corruptly giving gratification

5. Offence of corruptly accepting gratification by or giving gratification to agent

6. Offence of corruptly accepting gratification by or giving gratification to members of legislative authority

6A Offence of corruptly accepting gratification by or giving gratification to members of judicial authority

6B Offence of corruptly accepting gratification by or giving gratification to members of prosecuting authority

7. Offences in respect of procuring and withdrawal of tenders

8. [Bribery] Corruption of public officer in relation to performing or not performing certain specific functions

8A Corruption in private sector

9. Corruption of witnesses

10. [Bribery] Corruption of foreign public officials

11. [Bribery] Corruption in relation to auctions

12. [Bribery for giving assistance in regard] Corruption in relation to contracts

13. Offence of [corruptly] using office or position for gratification

14. Corruption in relation to sporting events

14A. Corruption in relation to gambling games and games of chance

14B. Offence of acquisition of private interest in contract, agreement or investment in relation to public body

14C. Disclosure of information for undue gratification

15. [Offence of dealing with, using, holding, receiving or concealing gratification in relation to any offence] Accessory to or after an offence

16. Offences relating to corrupt accepting and giving of gratification

17. [Additional offences] Attempt, conspiracy and inducing another person to commit offence

17A. Giver and acceptor of gratification to be guilty of offence notwithstanding whether the act in relation to the gratification was performed or not, etc

18. Intentional interference with, hindering or obstruction of investigation of offence

19. Possession or control of property corruptly acquired by [public officer] person

20. Duty to report corrupt transactions

20A. Presumptions

20B Penalties

21. Extraterritorial [application of Act and] jurisdiction

22. Reinstatement of common law crime of bribery

CHAPTER 3

GENERAL PROVISIONS

23. Jurisdiction of magistrates’ courts

24. Repeal and amendment of laws

[25. Interpretation of certain references]

26. Short title

Schedule

CHAPTER 1

DEFINITIONS AND INTERPRETATION

Definitions

1. In this Act, unless the context indicates otherwise—

(i) ["agent" includes any person employed by or acting for another, any trustee of an insolvent estate, the assignee of an estate assigned for the benefit or with the consent of creditors, the liquidator of a company which is being wound up, the executor of the estate of a deceased person, the legal representative of any person who is of unsound mind or is a minor or is otherwise under disability, any public officer or an officer serving in or under or acting for any public body, a trustee, an administrator or a subcontractor and any person appointed as an agent in terms of any law;]

Option 1: This option provides a definition in line with that used in the law of agency

"agent" means a person who is authorised to act on behalf of a principal and has agreed so to act, and who has power to affect the legal relations of his or her principal with a third party and includes, but is not limited to —

(a) any trustee of an insolvent estate;

(b) the assignee of an estate assigned for the benefit or with the consent of creditors;

(c) the liquidator of a company which is being wound up;

(d) the executor of the estate of a deceased person;

(e) the legal representative of any person who is of unsound mind or is a minor or is otherwise under disability;

(f) any public officer or an officer serving in or under or acting for any public body; or

(g) a trustee, an administrator or a subcontractor;

Option 2: Based on US legislation

"agent" means any authorised representative and includes a director, officer, employee or other person authorised to act on behalf of his or her principal;

"animal"means any mammal, bird, fish, reptile or amphibian which is a member of the phylum vertebrates;(See par (a) of definition of "sporting event".)

(ii) "associate", in relation to a natural person, includes—

(a) any person who is an employee, agent, nominee or representative of such person;

(b) any person who manages the affairs of such person;

(c) any firm of which such person is a business partner or any person who is in charge or in control of the business or affairs of such firm;

(d) any juristic person whose board of directors acts in accordance with such person’s directions, instructions or influence; or

(e) a trust controlled and administered by such person;

(iii) "business" means any business, trade, profession, calling, industry or undertaking of kind, or any other activity carried on for gain or profit by any person within the Republic or elsewhere, and includes all property derived from or used in or for the purpose of carrying on such activity, and all the rights and liabilities arising from such activity;

(iiiA) "corruption" includes bribery, fraud and other related offences;

Option 1

(iv) "corruptly" means acting personally or by influencing another person to act in contravention of [or against the spirit of] any common or statutory law, provision, rule, procedure, process, system, policy, practice, directive, order or any other term or condition pertaining to—

(a) any employment relationship;

(aA) any privileged relationship;

(b) any sporting event;

(c) any agreement; or

(d) the performance of any duty or function in whatever capacity;

Option 2

(iv) "corruptly" means acting personally or by influencing another person to act in contravention of [or against the spirit of] any common or statutory law[, provision, rule, procedure, process, system, policy, practice, directive, order or any other term or condition] pertaining to—

(a) any [employment relationship] agreement;

(aA) any privileged relationship; or

(b) any sporting event;

[(c) any agreement; or

(d) the performance of any function in whatever capacity;]

Option 3

(iv) "corruptly" means acting with an improper purpose, personally or by influencing another person to violate a legal duty;

Option 4

(iv) "corruptly", as used in—

(a) sections 3, 4, 5,..., means acting with an improper purpose, personally or by influencing another person to violate a legal duty;

(b) sections 6A, 6B, 9, 18, and 19, means acting with an improper purpose, personally or by influencing another person to obstruct justice;

Option 5

(iv) "corruptly", in relation to any act, means acting personally or by influencing another person to act in–

(a) contravention of ...;

(b) a manner designed to achieve an unjustified result;

Option 6: Based on Australian legislation regarding the definition of "corrupt conduct"

(iv) "corruptly" means acting personally or by influencing another person to act in a manner—

(a) that adversely affects, or could adversely affect, the honest performance of a person's functions; or

(b) that amounts to–

(i) a dishonest or inappropriate partiality performance;

(ii) a breach of trust; or

(iii) the misuse of information or material acquired in the course of the performance of a function or duty;

(c) designed to achieve an unjustified result;

(v) "dealing" includes—

(a) any promise, purchase, sale, barter, loan, charge, mortgage, lien, pledge, caveat, transfer, delivery, assignment, subrogation, transmission, gift, donation, trust, settlement, deposit, withdrawal, transfer between accounts or extension of credit;

(b) any agency or grant of power of attorney; or

(c) any act which results in any right, interest, title or privilege, whether present or future or whether vested or contingent, in the whole or in part of any property being conferred on any person;

(vi) "foreign public official" means—

(a) any person holding a legislative, administrative or judicial office of a foreign state;

(b) any person performing public functions for a foreign state, including any person employed by a board, commission, corporation or other body or authority that performs a function on behalf of the foreign state; or

(c) an official or agent of a public international organisation;

(vii) "foreign state" means any country other than South Africa, and includes—

(a) any foreign territory;

(b) all levels and subdivisions of government of any such country or territory;

(c) any agency of any such country or territory or of a political subdivision of any such country or territory;

(viiA) "gambling game" means any gambling game as defined in section 1 of the National Gambling Act, 1996 (Act No. 33 of 1996);

(viiB) "game of chance" includes a lottery, lotto, numbers game, scratch game, sweepstake, or sports pool;

(viii) "gratification" includes—

(a) money, whether in cash or otherwise; [or]

(aA) any donation, gift, loan, fee, reward, valuable security, property or interest in property of any description, whether movable or immovable, or any other similar advantage;

(b) the avoidance of a loss, liability, penalty, forfeiture, punishment or other disadvantage;

(c) any office, [dignity] status, honour, employment, contract of employment or services, [and] any agreement to give employment or render services in any capacity and residential or holiday accommodation;

(d) any payment, release, discharge or liquidation of any loan, obligation or other liability, whether in whole or in part;
[(e) any valuable consideration or benefit of any kind [or], including any discount, commission, rebate, bonus, deduction or percentage;]

[(f)](e) any forbearance to demand any money or money’s worth or valuable thing;

[(g)](f) any other service or favour or advantage of any description, including protection from any penalty or disability incurred or apprehended or from any action or proceedings of a disciplinary, civil or criminal nature, whether or not already instituted, and includes the exercise or the forbearance from the exercise of any right or any official power or duty;

[(h)](g)any right or privilege;

[(i)](h) any real or pretended aid, vote, consent, [or] influence or [pretended aid, vote, consent or influence] abstention from voting;
[(j) any offer, undertaking or promise, whether conditional or unconditional, of any gratification within the meaning of paragraphs (a) to (i)];

(i) any valuable consideration or benefit of any kind, including any discount, commission, rebate, bonus, deduction or percentage;
[(viiiA) "inducement" means the giving or offering of any gratification to a person which is intended to assist, persuade, encourage, coerce or cause that person to do or not to do anything, and "induce" has a corresponding meaning;]

(viiiB) "legislative authority", means the legislative authority referred to in section 43 of the Constitution;

(viiiB) "listed company" means a company the equity share capital of which is listed on a stock exchange as defined in section 1 of the Stock Exchanges Control Act, 1985 (Act No. 1 of 1985);
[(ix) "Minister" means the Cabinet member responsible for the administration of justice;]

(x) "official" means any director, functionary, officer or agent serving in any capacity whatsoever in a public body, private organisation, corporate body, political party, institution or other employment, whether under a contract of service or otherwise, and whether in an executive capacity or not;

(xi) ["partner" means a person who permanently lives with another person in a manner as if married;] "political office bearer" means a member of Parliament, a member of a provincial legislature and a member of a Municipal Council;

(xii) "principal" includes—

(a) any employer;

(b) any beneficiary under a trust and any trust estate;

(c) the estate of a deceased person and any person with a beneficial interest in the estate of a deceased person;

(d) in the case of any person serving in or under a public body, the public body;

(e) in the case of a legal representative referred to in the definition of "agent", the person represented by such legal representative;

(xiii) "property" means money or any other movable, immovable, corporeal or incorporeal thing, whether situated in the Republic or elsewhere and includes any rights, privileges, claims, securities and any interest therein and all proceeds thereof;

(xiv) "public body" means—

(a) any department of state or administration in the national or provincial sphere of government or any municipality in the local sphere of government; or

(b) any other functionary or institution when—

(i) exercising a power or performing a duty in terms of the Constitution or a provincial constitution; or

(ii) exercising a public power or performing a public function in terms of any [law or the common law] legislation;

(xv) "public international organisation" means—

(a) an organisation—

(i) of which two or more countries are members; or

(ii) that is constituted by persons representing two or more countries;

(b) an organisation established by, or a group of organisations constituted by—

(i) organisations of which two or more countries are members; or

(ii) organisations that are constituted by the representatives of two or more countries; or

(c) an organisation that is—

(i) an organ of, or office within, an organisation described in paragraph (a) or (b);

(ii) a commission, council or other body established by an organisation or organ referred to in subparagraph (i); or

(iii) a committee or a subcommittee of a committee of an organisation referred to in paragraph (a) or (b) or of an organ, council or body referred to in subparagraph (i) or (ii);

(xvi) "public officer" means any person who is a member, an officer, an employee or a servant of a public body, and includes—

(a) a public servant;
[(b) a member of Parliament, a provincial legislature or a municipal council;

(c) a member of the national or provincial executive authority;

(d) any member of the judicial authority or the prosecuting authority;]

[(e)](b) any person receiving any remuneration from public funds;

[(f)](c) where the public body is a corporation, the person who is incorporated as such,

but does not include any member of the—

(a) legislative authority;

(b) judicial authority; or

(c) prosecuting authority;

[(xvii) "public service" means the public service referred to in section 1(1) of the Public Service Act, 1994 (Proclamation No. 103 of 1994), and includes—

(a) any organisational component contemplated in section 7(4) of that Act and specified in the first column of Schedule 2 to that Act;

(b) the National Defence Force;

(c) the National Intelligence Agency;

(d) the South African Secret Service;]

(xiii) "relative", in relation to a person, means—

(a) his or her spouse[, partner] or fiancé;

(b) his or her child, stepchild, parent or stepparent;

(c) his or her brother or sister or stepbrother or stepsister;

(d) a brother or sister of his or her spouse [or partner];

(e) the spouse [or partner] of any of the persons mentioned in paragraphs (b) to (d); or

(f) his or her foster parents and foster children;

(xviiA) "reward" means any reward whether monetary or otherwise;

(xix) "scheme in commerce" means any scheme carried out in whole or in part through the use in national or foreign commerce of any facility for transportation or communication;

(xx) "sporting event" [includes

(a)] means any event or contest in any sport, between individuals or teams, or in which animals [or birds] compete, and which is usually attended by the public and is governed by rules which include the constitution, rules or code of conduct of any sporting body which stages any sporting event or of any regulatory body under whose constitution, rules or code of conduct the sporting event is conducted;
[(b) any gambling game as defined in section 1 of the National Gambling Act, 1996 (Act No. 33 of 1996); or

(c) any other game of chance which includes a lottery, lotto, numbers game, scratch game, sweepstake, or sports pool;]

(xxA) "spouse" means the partner of a person in—

(a) a marriage or customary union recognised in terms of the laws of the Republic;

(b) a union recognised as a marriage in accordance with the tenets of any religion; or

(c) a permanent same-sex or heterosexual life partnership;
[(xxi) "statutory authority" means any authority, whether consisting of a single person or a body of persons, established by law;]

(xxii) "undue gratification" means any gratification which is obtained in an improper manner and to which the person who has obtained the gratification is, in terms of his or her employment relationship, not entitled to.
Interpretation

2. (1) For purposes of this Act a person is regarded as having knowledge of a fact if—

(a) the person has actual knowledge of the fact; or

(b) the court is satisfied that—

(i) the person believes that there is a reasonable possibility of the existence of that fact; and

(ii) the person has failed to obtain information to confirm the existence of that fact.

(2) Nothing in Chapter 2 may be construed so as to limit prosecution under any other law.

CHAPTER 2

OFFENCES AND PENALTIES

General offence of {corruptly} accepting gratification

3. [(1)] Any person [is guilty of an offence if he or she] who, directly or indirectly, {corruptly} accepts or agrees or offers to accept [for himself or herself or for any other person] any gratification, whether for himself or herself or for the benefit of another person, as an inducement to {corruptly} do or not to do anything or as a reward for {corruptly} having done or not having done anything, is guilty of an offence .
[(2) A person convicted of an offence referred to in subsection (1) is liable to a fine or to imprisonment for a period not exceeding 15 years, or to both a fine and such imprisonment.

(3) Whenever a person is charged with the offence referred to in subsection (1), proof that that person, or someone else at the instance of that person, accepted or agreed to accept any gratification from a person—

(a) holding or seeking to obtain a contract, licence, permit, employment or anything whatsoever from a public body, private organisation, corporate body or other organisation or institution in which the person charged was serving as an official;

(b) who is concerned, or who is likely to be concerned, in any proceedings or business transacted, pending or likely to be transacted before or by the person charged or public body, private organisation, corporate body, political party or other organisation or institution in which the person charged was serving as an official; or

(c) acting on behalf of or related to a person contemplated in paragraph (a) or (b),

is, in the absence of evidence to the contrary which raises reasonable doubt, sufficient evidence that the person charged accepted or agreed to accept such gratification corruptly as an inducement or as a reward contemplated in subsection (1) if the State can show that despite having taken reasonable steps, it was not able with reasonable certainty to link the acceptance of or agreement to accept the gratification to any lawful motive on the part of the person charged.

(2) Whenever a person is charged with the offence referred to in subsection (1), proof that that person, or someone else at the instance of that person, accepted or agreed to accept any gratification from a person—

(a) holding or seeking to obtain a contract, licence, permit, employment or anything whatsoever from a public body, private organisation, corporate body or other organisation or institution in which the person charged was serving as an official;

(b) who is concerned, or who is likely to be concerned, in any proceedings or business transacted, pending or likely to be transacted before or by the person charged or public body, private organisation, corporate body, political party or other organisation or institution in which the person charged was serving as an official; or

(c) acting on behalf of or related to a person contemplated in paragraph (a) or (b),

is, in the absence of evidence to the contrary which raises reasonable doubt, sufficient evidence that the person charged accepted or agreed to accept such gratification corruptly as an inducement or as a reward contemplated in subsection (1) if the State can show that despite having taken reasonable steps, it was not able with reasonable certainty to link the acceptance of or agreement to accept the gratification to any lawful motive on the part of the person charged.

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

(a) the arrest, detention or prosecution of any person for an alleged offence;

(b) the omission to arrest, detain or prosecute any person for an alleged offence; or

(c) the investigation of an alleged offence,

it is not necessary to prove that the accused person believed that an offence contemplated in paragraphs (a) to (c) had been committed.]

General offence of {corruptly} giving gratification

4. [(1)] Any person [is guilty of an offence if he or she] who, directly or indirectly, {corruptly} gives or agrees or offers to give to any other person[, whether for the benefit of that person or of another person,] any gratification, whether for the benefit of that other person or of another person, as an inducement {corruptly} to do or not to do anything or as a reward for {corruptly} having done or not having done anything, is guilty of an offence.
[(2) A person convicted of an offence referred to in subsection (1), is liable to a fine or to imprisonment for a period not exceeding 15 years, or to both a fine and such imprisonment.

(3) Whenever a person is charged with the offence referred to in subsection (1), proof that that person, or someone else at the instance of that person, gave or agreed to give any gratification to a person—

(a) holding or seeking to obtain a contract, licence, permit, employment or anything whatsoever from a public body, private organisation, corporate body or other organisation or institution in which the person who benefited was serving as an official;

(b) who is concerned, or who is likely to be concerned, in any proceedings or business transacted, pending or likely to be transacted before or by the person who benefited or public body, private organisation, corporate body or other organisation or institution in which the person who benefited was serving as an official; or

(c) acting on behalf of or related to a person contemplated in paragraph (a) or (b),

is, in the absence of evidence to the contrary which raises reasonable doubt, sufficient evidence that the person charged gave or agreed to give such gratification corruptly as an inducement or as a reward contemplated in subsection (1) if the State can show that, despite having taken reasonable steps, it was not able with reasonable certainty to link the giving of, or agreement to give, the gratification to any lawful motive on the part of the person charged.]

Offence of {corruptly} accepting gratification by or giving gratification to agent

5. (1) Any agent [is guilty of an offence if the agent] who, in relation to [his or her principal’s] the affairs or business of his or her principal, directly or indirectly, {corruptly}—

(a) accepts or agrees or offers to accept [from any person] any gratification, whether for himself or herself or for the benefit of another person, as an inducement to {corruptly} do or not to do anything or as a reward for {corruptly} having done or not having done anything; or

(b) gives or agrees or offers to give to any other person any gratification, whether for the benefit of that other person or of another person, as an inducement to {corruptly} do or not to do anything or as a reward for {corruptly} having done or not having done anything,

is guilty of an offence.

(2) Any person [is guilty of an offence if that person] who, in relation to the affairs or business of an agent’s principal, directly or indirectly, {corruptly}—

(a) accepts or agrees or offers to accept from an agent any gratification, whether for himself or herself or for the benefit of another person, as an inducement to do or not to do anything or as a reward for having done or not having done anything; or

(b) gives or agrees or offers to give any gratification to that agent, whether for the benefit of the agent or of another person, as an inducement to do or not to {corruptly} do anything or as a reward for {corruptly} having done or not having done anything,

is guilty of an offence.
[(3) A person who knowingly gives to an agent, or an agent who knowingly uses, any receipt, account or other document in respect of which the principal has an interest and which contains any statement which is false or erroneous or defective in any material respect and which to his or her knowledge is intended to mislead the principal or any other person is guilty of an offence.

(4) A person convicted of an offence referred to in subsection (1), (2) or (3) is liable to a fine or to imprisonment for a period not exceeding 15 years, or to both a fine and such imprisonment.

(5) For purposes of subsection (1), it is not a valid defence to contend that the agent—

(a) did not have the power, right or opportunity to perform or not to perform any act contemplated in that subsection;

(b) accepted the gratification without intending to perform or not to perform the act in relation to which the gratification was offered; or

(c) failed to perform or not to perform the act in relation to which the gratification was offered.

(6) Whenever any person is charged with an offence referred to in subsection (2), and it is proved that he or she corruptly gave or agreed to give any gratification to any agent as an inducement for doing or as a reward for not having done anything, he or she is guilty of an offence under that subsection regardless of whether the agent had the power, right or opportunity to perform, or not to perform the act contemplated in that subsection.]

[Offence of fraudulent acquisition of private interest

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

(2) A person convicted of an offence referred to in subsection (1) is liable to a fine or to imprisonment for a period not exceeding 10 years, or to both a fine and such imprisonment.]

Offence of {corruptly} accepting gratification by or giving gratification to member of legislative authority

6. (1) Any member of the legislative authority who, in relation to the exercise or performance of his or her duty or authority as such a member, directly or indirectly, {corruptly} accepts or agrees or offers to accept any gratification, whether for himself or herself or for the benefit of another person, on an understanding that the exercise or performance by him or her of his or her duty or authority as such a member will, in any manner, be {corruptly} influenced or affected or that he or she is rewarded for being {corruptly} influenced or affected for having or not having exercised or performed his or her duty or authority as such a member, is guilty of an offence.

(2) Any person who, in relation to the exercise or performance of the duty or authority of a member of the legislative authority, directly or indirectly, {corruptly} gives or agrees or offers to give any gratification to such a member, whether for the benefit of that member or of another person in order to–

(a) {corruptly} influence or affect him or her in the exercise or performance of his or her duty or authority as such a member;

(b) {corruptly} induce him or her to absent himself or herself from the legislative authority of which he or she is a member or from any committee or joint committee of that legislative authority; or

(c) reward him or her for {corruptly} having or not having exercised or performed his or her duty or authority as such a member of the legislative authority,

is guilty of an offence.

Offence of {corruptly} accepting gratification by or giving gratification to judicial officers

6A. (1) Any judicial officer who, directly or indirectly, {corruptly} accepts or agrees or offers to accept any gratification, whether for himself or herself or for the benefit of another person, as an inducement to be {corruptly} influenced or affected or as a reward for being influenced or affected in relation to the exercise of his or her judicial office or the administration of justice, which include–

(a) conducting fair judicial proceedings;

(b) making fair and impartial decisions over life, freedoms, rights, duties, obligations and property of persons;

(c) promoting the independence of the judiciary,

is guilty of an offence.

(2) Any person who, directly or indirectly, {corruptly} gives or agrees or offers to give any gratification to a judicial officer, whether for the benefit of the judicial officer or of another person, as an inducement to {corruptly} influence or affect such judicial officer or to reward him or her for being influenced in relation to the exercise of his or her judicial office or the administration of justice, which include–

(a) conducting fair judicial proceedings;

(b) making fair and impartial decisions over life, freedoms, rights, duties, obligations and property of persons;

(c) the independence of the judiciary,

is guilty of an offence.

Offence of {corruptly} accepting gratification by or giving gratification to members of prosecuting authority

6B. (1) Any member of the prosecuting authority who, directly or indirectly, {corruptly} accepts or agrees or offers to accept any gratification, whether for himself or herself or for the benefit of another person, as an inducement to be {corruptly} influenced or affected or as a reward for being influenced or affected in relation to the exercise and performance of his or her prosecutorial duties and functions, which include–

(a) the instituting and conducting of criminal proceedings on behalf of the State;

(b) the carrying out of any necessary functions incidental to instituting and conducting such criminal proceedings; and

(c) the discontinuation of criminal proceedings,

is guilty of an offence.

(2) Any person who, directly or indirectly, {corruptly} gives or agrees or offers to give any gratification to a member of the prosecuting authority, whether for the benefit of that member or of another person, as an inducement to {corruptly} influence or affect such member of the prosecuting authority or to reward him or her for being influenced in relation to the exercise or performance of his or her prosecutorial duties and functions, which include–

(a) the instituting and conducting of criminal proceedings on behalf of the State;

(b) the carrying out of any necessary functions incidental to instituting and conducting such criminal proceedings; and

(c) the discontinuation of criminal proceedings,

is guilty of an offence.

Offences in respect of procuring and withdrawal of tenders

7. [(1)] Any person [is guilty of an offence if that person] who, in relation to a contract for performing any work, providing any service, supplying any article, material or substance or performing any other act, directly or indirectly, [corruptly,]—

(a) accepts or agrees or offers to accept any gratification,whether for himself or herself or for the benefit of another person, as an inducement or as a reward for {corruptly} awarding a tender to a particular person;

(b) gives or agrees or offers to give to any other person any gratification, whether for the benefit of that other person or of another person, as an inducement to or as a reward for {corruptly} awarding or having awarded a tender to a particular person;

(c) notwithstanding the acceptance of or offer to accept any gratification, gives any other person inside information in respect of a tender so as to {corruptly} enable such other person to tender or not to tender in a particular way in order to obtain an unfair advantage in the tender process;

[(a)](d)with intent to obtain such contract [from any public body, private organisation, corporate body or other organisation or institution, offers] gives or agrees or offers to give any gratification to any person who has made a tender for the contract, whether for the benefit of that tenderer or any other person, as an inducement or as a reward for {corruptly withdrawing}his or her withdrawing the tender;

[(b)](e) accepts or agrees or offers to accept any gratification,whether for himself or herself or for the benefit of another person, as an inducement for {corruptly} withdrawing a tender made by him or her for such contract; or

[(c)](f) upon an invitation to tender for such contract, accepts or agrees or offers to accept any gratification as an inducement for {corruptly} making [makes] an offer for that tender which has as its aim to cause the tenderer or person organising the tender to accept a particular offer;

is guilty of an offence.
[(2) A person convicted of an offence referred to in subsection (1) is liable to a fine or to imprisonment for a period not exceeding 15 years, or to both a fine and such imprisonment.]

[Bribery] Corruption of public officer in relation to performing or not performing certain specific functions

8. (1) Any person [is guilty of an offence if he or she] who {corruptly} gives or agrees or offers to give [to any public officer] any gratification to any public officer, whether for the benefit of that public officer or of another person, as an inducement to or as a reward for {corruptly}—

(a) voting or not voting at any meeting of a public body;

(b) performing, [or] not performing or not adequately performing any official function;

(c) expediting, delaying, hindering or preventing the performance of an official act, whether by that public officer or by any other public officer;

(d) aiding, assisting or favouring any person in the transaction of any business with a public body;

(e) aiding or assisting in procuring or preventing the passing of any vote or the granting of any contract or advantage in favour of any person in relation to the transaction of any business with a public body; or

(f) showing any favour or disfavour to any person in performing a function as a public officer;

(g) diverting, for purposes unrelated to those for which they were intended, any property belonging to the state which such officer received by virtue of his or her position for purposes of administration, custody or for any other reason, to another person;(See Article 3(d) of SADC Protocol Against Corruption.)

(h) exerting any improper influence over the decision making of any person performing functions in a public body, (See Article 3(f) of SADC Protocol Against Corruption.)

[regardless of whether the public officer had the power, right or opportunity to act or not to act in a manner contemplated in paragraphs (a) to (f)]

is guilty of an offence.

(2) A public officer [is guilty of an offence if he or she] who accepts or agrees to accept any gratification, as an inducement to, or as a reward for, performing or not performing any act or omission referred to in subsection (1)(a) to [(f)] (g), [regardless of whether the public officer had the power, right or opportunity so to act or so not to act] is guilty of an offence.
[(3) Any person convicted of an offence referred to in subsection (1) or (2) is liable to a fine or to imprisonment for a period not exceeding 15 years, or to both a fine and such imprisonment.]

Corruption in private sector

8A. Any person who, in the course of business, directly or indirectly, {corruptly}—

(a) accepts or agrees or offers to accept any {undue} gratification, whether for himself or herself or for the benefit of another person, as an inducement to {corruptly} do or not to do anything or as a reward for {corruptly} having done or not having done anything in relation to his or her official duties and functions in any employment relationship;

(b) gives or agrees or offers to give to any other person any {undue) gratification, whether for the benefit of that other person or of another person, as an inducement to {corruptly} do or not to do anything or as a reward for {corruptly} having done or not having done anything in relation to that other person's official duties and functions in any employment relationship,

is guilty of an offence.

Corruption of witnesses

9. (1) Any person [is guilty of an offence if he or she] who, directly or indirectly, [corruptly] gives or agrees or offers to give any gratification to any other person, whether for the benefit of that other person or of another person, with the intent to {corruptly}—

(a) influence the testimony of that person or another person as a witness in a trial, hearing or other proceedings before any court, judicial officer, committee, commission or any officer authorised by law to hear evidence or take testimony;

(b) influence that person or another witness to absent himself or herself from such trial, hearing or other proceedings or to withhold [true] testimony,

is guilty of an offence.

(2) Any person [is guilty of an offence if he or she] who, directly or indirectly,[ corruptly] accepts or agrees or offers to accept any gratification, whether for himself or herself or for the benefit of another person, in return for—

(a) testifying in a particular or untruthful manner in a trial, hearing or other proceedings before any court, judicial officer, committee, commission or officer authorised by law to hear evidence or take testimony; or

(b) not testifying at any such trial, hearing or proceedings,

is guilty of an offence.
[(3) A person convicted of an offence referred to in subsection (1) or (2) is liable to a fine or to imprisonment for a period not exceeding 10 years, or to both a fine and such imprisonment.]

[Bribery] Corruption of foreign public officials

10. [(1)] Any person [is guilty of an offence if he or she in order to obtain or retain, business or an improper advantage in the course of business, corruptly] who, directly or indirectly, {corruptly} gives or agrees or offers to give a gratification, [whether directly or indirectly], whether for himself or herself or for the benefit of another person, to a foreign public official in order to —

(a) [as consideration for] induce such official [performing or failing to perform] to {corruptly} do or not to do anything or as a reward for {corruptly}having done or not having done anything in relation to any of his or her public functions or official duties; or

(b) [to] induce that official to use his or her position to influence any acts or decisions of the foreign state or public international organisation concerned; and

(c) obtain or retain a contract, business or an improper advantage in the conduct of business,

is guilty of an offence.
[(2) A person convicted of an offence referred to in subsection (1) is liable to a fine or to imprisonment for a period not exceeding 15 years, or to both a fine and such imprisonment.]

[Bribery] Corruption in relation to auctions

11. [(1)] Any person [is guilty of an offence if he or she] who [corruptly]—

(a) gives or agrees or offers to give any gratification to any other person, whether for the benefit of that other person or of another person, as an inducement to {corruptly}—

(i) refrain or as a reward for having refrained from bidding at any auction; or

(ii) participate in the bidding process at any auction in such a manner so as to get a specific offer for the article or to buy the article for a specific amount or to sell the article to a specific bidder;

(b) accepts or agrees or offers to accept any gratification, whether for himself or herself or for the benefit of another person, as an inducement to {corruptly}—

(i) refrain or as a reward for having refrained from bidding at any auction;

(ii) participate at any auction in the bidding process in order to get a specific offer for the article or to buy the article for a specific amount or to sell the article to a specific bidder;

(iii) conduct the bidding process at any auction in such a manner so as to favour or prejudice a specific person,

is guilty of an offence.
[(2) A person convicted of an offence referred to in subsection (1)(a) or (b) is liable to a fine or to imprisonment for a period not exceeding 10 years, or to both a fine and such imprisonment].

[Bribery for giving assistance in regard] Corruption in relation to contracts

12. (1) Any person [is guilty of an offence if he or she] who [corruptly] gives or agrees or offers to give any gratification to any other person, whether for the benefit of that other person or of another person, as an inducement to give or as a reward for giving or having given assistance in, or as an inducement [to use] for {corruptly} influencing or as a reward for [using or having used influence in] having influenced—

(a) the promotion, execution or procurement of any contract with a public body, private organisation, corporate body or other organisation or institution; or

(b) the fixing of the price, consideration or other moneys stipulated or otherwise provided for in any such contract,

is guilty of an offence.

(2) Any person [is guilty of an offence if he or she] who [corruptly] accepts or agrees to or offers to accept any gratification, whether for himself or herself or for the benefit of another person, as an inducement to {corruptly} give or as a reward for {corruptly} giving or having given assistance or as an inducement to use or as a reward for using or having used influence in—

(a) the promotion, execution or procurement of any contract with a public body, private organisation, corporate body or other organisation or institution; or

(b) the fixing of the price, consideration or other moneys stipulated or otherwise provided for in any such contract,

is guilty of an offence.
[(3) Any person convicted of an offence referred to in subsection (1) or (2) is liable to a fine or to imprisonment for a period not exceeding 10 years, or to both a fine and such imprisonment.]

(3) Any person who, in order to obtain or retain a contract with a public body, or as a term of such contract, directly or indirectly, {corruptly} gives or agrees or offers to give any gratification to any other person, whether for the benefit of that other person or of another person—

(a) for the purpose of {corruptly} promoting the election of a candidate or a category or party of candidates as a member of the legislative authority;

(b) with the intent to {corruptly} influence or affect in any way the result of an election conducted for the purpose of electing persons to serve as members of the legislative authority,

is guilty of an offence.

Offence of [corruptly] using office or position for gratification

13. (1) Any public officer who, directly or indirectly, [corruptly] uses his or her office or position in a public body in order to obtain any undue gratification for himself, herself or any other person is guilty of an offence.
[(2) A person convicted of an offence referred to in subsection (1) is liable to a fine or to imprisonment for a period not exceeding seven years, or to both a fine and such imprisonment.

(3)](2) For the purposes of subsection (1), proof that a public officer in a public body has made a decision or taken action in relation to any matter in which such public officer, or any relative or associate of his or hers, has an interest, whether directly or indirectly, is, in the absence of evidence to the contrary which raises reasonable doubt, sufficient evidence that the public officer has [corruptly] used his or her office or position in the public body in order to obtain an undue gratification, if the State can show that despite having taken reasonable steps it was not able with reasonable certainty to link the acceptance of or agreement to accept the gratification to any lawful motive on the part of the public [official] officer.

Corruption in relation to sporting events

14. [(1)] Any person [is guilty of an offence if he or she] who, directly or indirectly[, corruptly] and knowingly—

(a) accepts or agrees or offers to accept any {undue} gratification, whether for himself or herself or for the benefit of another person, as an inducement—

(i) to {corruptly} influence or as a reward for influencing or having influenced the run of play or the outcome of a sporting event;

(ii) for {corruptly} failing to report the conduct referred to in paragraph (b)(ii), to the managing director, chief executive officer or to any other person holding a similar post in the sporting body or regulatory authority concerned or at his or her nearest police station;

(b) gives or agrees or offers to give to any other person any {undue} gratification, whether for the benefit of that other person or of another person, as an inducement—

(i) to {corruptly} influence or as a reward for influencing or having influenced the run of play or the outcome of a sporting event; or

(ii) for {corruptly} engaging in any conduct which constitutes a threat to or undermines the integrity of any sporting event;

(c) carries into effect any scheme in commerce to influence, in any way, by corruption the run of play or outcome of a sporting event,

is guilty of an offence.
[(2) A person convicted of an offence referred to in subsection (1) is liable to a fine or to imprisonment for a period not exceeding 10 years, or to both a fine and such imprisonment.]

Corruption in relation to gambling games or games of chance

14A. Any person who, directly or indirectly, knowingly {and corruptly}—

(a) accepts or agrees or offers to accept any gratification, whether for himself or herself or for the benefit of another person, as an inducement to {corruptly} influence or as a reward for {corruptly} influencing or having influenced the outcome of a gambling game or a game of chance;

(b) gives or agrees or offers to give to any other person any gratification, whether for the benefit of that other person or of another person, as an inducement to {corruptly} influence or as a reward for {corruptly} influencing or having influenced the outcome of a gambling game or a game of chance; or

(c) carries into effect any scheme in commerce to influence, in any way, by corruption the outcome of a gambling game or a game of chance

is guilty of an offence.

Offence of [fraudulent] acquisition of private interest in contract, agreement or investment in relation to public body

[6.(1)] 14B. Any person employed in [the public service] a public body who knowingly acquires or holds, [directly or indirectly,] otherwise than as a [member of a registered joint stock company consisting of more than 20 persons] shareholder of a listed company, a private interest in any contract, agreement or investment emanating from or connected with the department, component or office in which he or she is employed or which is made on account of the public [service] body is guilty of an offence.

(2) [A person convicted of an offence referred to in subsection (1) is liable to a fine or to imprisonment for a period not exceeding 10 years, or to both a fine and such imprisonment] The institution of a prosecution for the offence referred to in subsection (1) must be authorised—

(a) by the National Director of Public Prosecutions, a Deputy National Director of Public Prosecutions or a Director of Public Prosecutions; and

(b) only after the person concerned has been afforded an opportunity by the investigating or prosecuting authority to explain how he or she acquired the private interest concerned.

Disclosure of information for undue gratification

14C. (1) Any person who {corruptly}—

(a) accepts or agrees or offers to accept any undue gratification, whether for himself or herself or for the benefit of another person, as an inducement or as a reward for {corruptly}—

(i) disclosing or having disclosed any information to any other person; or

(ii) obtaining or having obtained such information from any other person;

(b) gives or agrees or offers to give to any other person any undue gratification, whether for the benefit of that other person or of another person, as an inducement or as a reward to {corruptly}—

(i) disclose or having disclosed information to any other person; or

(ii) obtain or having obtained such information from any other person,

is guilty of an offence.

[Offence of dealing with, using, holding, receiving or concealing gratification in relation to any offence] Accessory to or after an offence

15. [(1)] Any person [is guilty of an offence if he or she] who, directly or indirectly, whether on behalf of himself or herself or on behalf of any other person—

(a) enters into or causes to be entered into any dealing in relation to any property; or

(b) uses or causes to be used, or holds, receives or conceals any property or any part thereof,

which forms part of any gratification which was the subject of an offence in terms of this Chapter, is guilty of an offence.
[(2) A person convicted of an offence referred to in subsection (1) is liable to a fine or to imprisonment for a period not exceeding seven years, or to both a fine and such imprisonment.]

Offences relating to corrupt accepting and giving of gratification

16. Any person who {corruptly}—

(a) demands, solicits, receives or in any manner whatsoever obtains or offers or promises to receive or obtain any gratification under the circumstances and in the manner contemplated in section 3(1), 5(1), 7(1)(b), 8(2), 9(2), 11(1)(b), 12(3) or 14(1)(a); or

(b) lends, grants, confers, procures, offers or promises to lend, grant, confer or procure any gratification under the circumstances and in the manner contemplated in section 4(1), 5(2) or (3), 8(1), 9(1), 10(1), 11(1)(a), 12(1) or 14(1)(b),

is guilty of the offence contemplated in the section in question as if he or she had corruptly accepted or agreed or offers to accept a gratification or had corruptly given or agreed or offered to give a gratification, as the case may be[, and on conviction is liable to the punishment prescribed for such offence].

[Additional offences] Attempt, conspiracy and inducing another person to commit offence

17. [(1)] Any person [is guilty of an offence if he or she] who—

(a) attempts to commit an offence in terms of this Chapter;

(b) conspires with any other person to commit an offence in terms of this Chapter;

(c) aids, abets, induces, incites, instigates, instructs or commands another person to commit an offence under this Chapter,

is guilty of an offence.

Giver and acceptor of gratification to be guilty of offence notwithstanding whether act in relation to the gratification was performed or not, etc

17A. (1) Whenever a person is charged with an offence under this Chapter and it is proved that he or she accepted or agreed or offered to accept any gratification and having knowledge that the gratification was given or offered as an inducement to do or not to do anything or as a reward for having done or not having done anything, it is not a valid defence to contend that he or she—

(a) did not have the power, right or opportunity to perform or not to perform the act in relation to which the gratification was given or offered;

(b) accepted or agreed or offered to accept the gratification without intending to perform or not to perform the act in relation to which the gratification was given or offered; or

(c) failed to perform or not to perform the act in relation to which the gratification was given or offered.

(2) Whenever any person is charged with an offence under this Chapter, and it is proved that he or she corruptly gave or agreed or offered to give any gratification to any other person as an inducement for doing or as a reward for not having done anything, it is not a valid defence to contend that that other person did not have the power, right or opportunity to perform or not to perform the act in relation to which the gratification was given or offered.

Intentional interference with, hindering or obstruction of investigation of offence

18. [(1)] Any person [is guilty of an offence if he or she] who, at any stage, with intent to defraud or to conceal an offence in terms of this Act or to interfere with, or to hinder or obstruct a law enforcement body in its investigation of any such offence—

(a) destroys, alters, mutilates or falsifies any book, document, valuable security, account, computer system, disk, computer printout or other electronic device [which belongs to or is in the possession of his or her employer, or has been received by him or her on account of his or her employment,] or any entry in such book, document, account or electronic device, or is privy to any such act;

(b) makes or is privy to making any false entry in such book, document, account or electronic device; or

(c) omits or is privy to omitting any information from any such book, document, account or electronic device,

is guilty of an offence.
[(2) A person convicted of an offence referred to in subsection (1) is liable to imprisonment for a period not exceeding 10 years, or to both a fine and such imprisonment.]

Possession or control of property [corruptly] acquired by [public officer] person

19. (1) Any [public officer is guilty of an offence if he or she] person who is in possession or control of property or resources which have been acquired [corruptly] as a result of a contravention of this Act, is guilty of an offence.

(2) Evidence that a [public officer] person—

(a) maintains a standard of living above that which is commensurate with his or her present or past lawful sources of income; or

(b) is in control of resources or property disproportionate to his or her present or past lawful sources of income,

is, in the absence of evidence to the contrary which raises a reasonable doubt, sufficient proof that the property or resources have been acquired [corruptly] as a result of a contravention of this Act.

(3) Whenever a person is charged with an offence referred to in subsection (1) and the

court is satisfied that—

(a) the accused placed the property or resources in the possession or control of another person for a reason other than in the ordinary course of business; and

(b) the accused, by virtue of the closeness of his or her relationship with the other person, still has access to and can use the property or resources,

such circumstances are, in the absence of evidence to the contrary which raises a reasonable doubt, sufficient evidence that the property or resources have been acquired [corruptly] as a result of a contravention of this Act.

(4) The institution of a [A] prosecution for the offence referred to in subsection (1) [may only be instituted] must be authorised—

(a) by the National Director of Public Prosecutions. a Deputy National Director of Public Prosecutions or a Director of Public Prosecutions [or a member of the prosecuting authority authorised in writing by the National Director of Public Prosecutions]; and

(b) only after the [public officer] person concerned has been afforded an opportunity by the prosecuting authority to explain, whether personally or through a legal representative, how he or she acquired the property or resources concerned.

(5) A person who gives an explanation in terms of subsection (4)(b) may have his or her legal representative present.

Option 2: As in the original draft and amended

19. (1) Any person who—

(a) maintains a standard of living above that which is commensurate with his or her present or past sources of income; or

(b) is in control of pecuniary resources or property disproportionate to his or her present or past lawful sources of income,

is, unless he or she gives a satisfactory explanation to the court as to how he or she was able to maintain such a standard of living or how such pecuniary resources or property came under his or her control, guilty of an offence.

(2) Whenever a person is charged with an offence in terms of this Chapter, the fact that the accused person is in possession, for which he or she cannot satisfactory account, of pecuniary resources or property disproportionate to his or her present or past sources of income, or that he or she had, at or about the time of the alleged offence, obtained an accretion to his or her pecuniary resources or property for which he or she cannot satisfactory account, may be proved and may be taken into consideration by the court as corroborating the testimony of any witness in the trial that the accused person accepted or obtained or agreed or offered to accept or attempted to obtain any gratification and as showing that the gratification was accepted or obtained or agreed or offered to be accepted or attempted to be obtained corruptly as an inducement or reward.

(3) Whenever a person is charged with an offence in terms of subsection(1), or for the purposes of the application of subsection (2), the court is satisfied that, having regard to the closeness of his or her relationship to the accused person and to other circumstances, there is reason to believe that any person was in possession of or was holding pecuniary resources or property in trust for or otherwise on behalf of the accused person or acquired such resources or property as a gift from the accused person, such circumstances shall, in the absence of evidence to the contrary which raises reasonable doubt, be sufficient evidence that such resources or property was in the possession of or control of the accused person: Provided that the State can show that despite the taking of reasonable steps, it was not able with reasonable certainty to link the possession or holding of such resources or property to any other reasonable excuse.

(4) The institution of a prosecution for the offence referred to in subsection (1) must be authorised—

(a) by the National Director of Public Prosecutions. a Deputy National Director of Public Prosecutions or a Director of Public Prosecutions; and

(b) only after the person concerned has been afforded an opportunity by the prosecuting authority to explain, whether personally or through a legal representative, how he or she acquired the property or resources concerned.

(5) A person who gives an explanation in terms of subsection (4)(b) may have his or her legal representative present.

Option 3: Based on Botswana and Lesotho Legislation

(1) The head of the Directorate of Special Operations or any person authorised in writing thereto by him or her, may investigate any person where he or she has reasonable grounds to believe that that person—

(a) maintains a standard of living above that which is commensurate with his or her present or past known sources of income or assets; or

(b) is in control or possession of pecuniary resources or property disproportionate to his or her present or past known sources of income or assets, and

(c) maintains such standard of living through the commission of an offence or the proceeds of unlawful activities or that such pecuniary resources or property are instrumentalities of an offence or the proceeds of unlawful activities.

(2) (a) The head of the Directorate of Special Operations or any person authorised in writing thereto by him or her, may apply to a judge or regional magistrate in chambers for the issuing of an investigation direction.

(b) An application referred to in paragraph (b) must be in writing and must—

(i) indicate the identity of the—

(aa) applicant; and

(bb) person to be investigated; and

(ii) specify the grounds referred to in subsection (1) on which the application is made;

(iii) contain full particulars of all the facts and circumstances alleged by the applicant in support of his or her application.

(c) An investigation direction may only be issued if the judge or regional magistrate concerned is satisfied, on the facts alleged in the application concerned, that there are reasonable grounds to believe that the person to be investigated—

(i) maintains a standard of living above that which is commensurate with his or her present or past known sources of income or assets; or

(ii) is in control or possession of pecuniary resources or property disproportionate to his or her present or past known sources of income or assets.

(d) An application must be considered and an investigation direction issued without any notice to the person to whom the application applies and without hearing such person.

(e) A judge or regional magistrate considering an application may require the applicant to furnish such further information as he or she deems necessary.

(3) For the purposes of conducting an investigation in terms of this section, the applicant shall have the same powers as those which the Investigating Director has in terms of sections 28 and 29 of the National Prosecuting Authority Act, 1998(Act No. 32 of 1998).

(4) Any person who fails to give a satisfactory explanation to the investigator conducting the investigation under subsection (1) as to how he or she was able to maintain such a standard of living or how such pecuniary resources or property came under his or her control or possession, is guilty of an offence.

Duty to report corrupt transactions

20. (1) Any [public officer to whom any gratification is promised, offered, given or lent in] person who becomes aware of a contravention of any provision of this Chapter must, as soon as possible, report such fact, together with the name, if known, of the person or persons concerned to [his or her supervisor or at his or her] the nearest police station, a law enforcement agency, any other competent authority or to any member of the prosecuting authority.
[(2) If any gratification has been demanded, solicited, accepted, received or obtained from any person in contravention of any provision of this Chapter, or if an attempt has been made to demand, solicit, accept, receive or obtain any gratification from any person in contravention of any provision of this Chapter, such person must, as soon as possible, report such fact, together with the name, if known, of the other person or persons involved at his or her nearest police station.]

[(3)](2) Any person who fails to comply with subsection (1) is guilty of an offence [and liable on conviction to a fine or to imprisonment for a period not exceeding three years, or to both a fine and such imprisonment].

(3) The institution of a prosecution for the offence referred to in subsection (2) must be authorised—

(a) by the National Director of Public Prosecutions, a Deputy National Director of Public Prosecutions or a Director of Public Prosecutions; and

(b) only after the person concerned has been afforded an opportunity by the prosecuting authority to explain, whether personally or through a legal representative, why he or she failed to report in terms of subsection (1).

Presumptions

20A.

Option 1: Previously clause 3(2), now clause 20A(1)

(1) Whenever a person is charged with an offence under this Chapter, proof that that person, or someone else at the instance of that person, accepted or agreed or offered to accept any gratification from a person—

(a) holding or seeking to obtain a contract, licence, permit, employment or anything whatsoever from a public body, private organisation, corporate body or other organisation or institution in which the person charged was serving as an official;

(b) who is concerned, or who is likely to be concerned, in any proceedings or business transacted, pending or likely to be transacted before or by the person charged or public body, private organisation, corporate body, political party or other organisation or institution in which the person charged was serving as an official; or

(c) acting on behalf of or related to a person contemplated in paragraph (a) or (b),

is, if the State can further show that despite having taken reasonable steps, it was not able with reasonable certainty to link the acceptance of or agreement or offer to accept the gratification to any lawful motive on the part of the person charged, in the absence of evidence to the contrary which raises reasonable doubt, sufficient evidence that the person charged accepted or agreed or offered to accept such gratification corruptly as an inducement to do or not to do anything or as a reward for having done or not having done anything.

(2) Whenever a person is charged with an offence under this Chapter, proof that that person, or someone else at the instance of that person, gave or agreed or offered to give any gratification to a person—

(a) holding or seeking to obtain a contract, licence, permit, employment or anything whatsoever from a public body, private organisation, corporate body or other organisation or institution in which the person who benefited was serving as an official;

(b) who is concerned, or who is likely to be concerned, in any proceedings or business transacted, pending or likely to be transacted before or by the person who benefited or public body, private organisation, corporate body or other organisation or institution in which the person who benefited was serving as an official; or

(c) acting on behalf of or related to a person contemplated in paragraph (a) or (b),

is, if the State can further show that despite having taken reasonable steps it was not able with reasonable certainty to link the giving of or agreement or offer to give the gratification to any lawful motive on the part of the person charged, in the absence of evidence to the contrary which raises reasonable doubt, sufficient evidence that the person charged gave or agreed or offered to give such gratification corruptly as an inducement to do or not to do anything or as a reward for having done or not having done anything.

Option 2: Combination of previous clause 3(2) and (3) and deletion of clause 3(3). Now clause 20A(1)

(1) Whenever a person is charged with an offence under this Chapter, proof that that person, or someone else at the instance of that person, accepted or agreed or offered to accept any gratification from a person—

(a) holding or seeking to obtain a contract, licence, permit, employment or anything whatsoever from a public body, private organisation, corporate body or other organisation or institution in which the person charged was serving as an official;

(b) who is concerned, or who is likely to be concerned, in any proceedings or business transacted, pending or likely to be transacted before or by the person charged or public body, private organisation, corporate body, political party or other organisation or institution in which the person charged was serving as an official; or

(c) acting on behalf of or related to a person contemplated in paragraph (a) or (b),

(d) whose duties include the detection, investigation, prosecution or punishment of offenders arising from—

(i) the arrest, detention, investigation or prosecution of any person for an alleged offence;

(ii) the omission to arrest, detain or prosecute any person for an alleged offence; or

(ii) the investigation of an alleged offence,

is, if the State can further show that despite having taken reasonable steps, it was not able with reasonable certainty to link the acceptance of or agreement or offer to accept the gratification to any lawful motive on the part of the person charged, in the absence of evidence to the contrary which raises reasonable doubt, sufficient evidence—

(aa) that the person charged accepted or agreed or offered to accept such gratification corruptly as an inducement to do or not to do anything or as a reward for having done or not having done anything; and

(bb) in the case of paragraph (d), that the accused person believed that the alleged offence contemplated in subparagraphs (i). (ii)and (iii) of that paragraph or any other offence had been committed.

(2) Whenever a person is charged with an offence under this Chapter, proof that that person, or someone else at the instance of that person, gave or agreed or offered to give any gratification to a person—

(a) holding or seeking to obtain a contract, licence, permit, employment or anything whatsoever from a public body, private organisation, corporate body or other organisation or institution in which the person who benefitted was serving as an official;

(b) who is concerned, or who is likely to be concerned, in any proceedings or business transacted, pending or likely to be transacted before or by the person who benefitted, or public body, private organisation, corporate body, political party or other organisation or institution in which the person who benefitted was serving as an official; or

(c) acting on behalf of or related to a person contemplated in paragraph (a) or (b),

(d) whose duties include the detection, investigation, prosecution or punishment of offenders arising from—

(i) the arrest, detention, investigation or prosecution of any person for an alleged offence;

(ii) the omission to arrest, detain or prosecute any person for an alleged offence; or

(ii) the investigation of an alleged offence,

is, if the State can further show that despite having taken reasonable steps, it was not able with reasonable certainty to link the giving of or agreement or offer to give the gratification to any lawful motive on the part of the person charged, in the absence of evidence to the contrary which raises reasonable doubt, sufficient evidence—

(aa) that the person charged gave or agreed or offered to give such gratification corruptly as an inducement to do or not to do anything or as a reward for having done or not having done anything; and

(bb) in the case of paragraph (d), that the accused person believed that the alleged offence contemplated in subparagraphs (i). (ii)and (iii) of that paragraph or any other offence had been committed.

(3) Without derogating from the provisions of subsection (1), 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—

(a) the arrest, detention, investigation or prosecution of any person for an alleged offence; or

(b) the omission to arrest, detain or prosecute any person for an alleged offence[; or

(c) the investigation of an alleged offence],

it is not necessary to prove that the accused person believed that an offence contemplated in paragraphs (a) to (c) had been committed.

Penalties

20B. (1) Any person who is convicted of an offence referred to in—

(a) sections 3(1), 4(1),5(1), 6(1), 6A(1), and (2), 7, 8, 8A, 9(1) and (2), 10, 11, 12(1),(2) and (3), 14, 14A, 14B,14C, 15,16, 17, 18, 19(1) and 20(2), is liable—

(i) in the case of a sentence to be imposed by a High Court, to imprisonment for life or to any other penalty which may lawfully be imposed for the offence of bribery;

(ii) in the case of a sentence to be imposed by a regional court, to a fine or to imprisonment for a period not exceeding 25 years, or to both a fine and such imprisonment;

(iii) in the case of a sentence to be imposed by a designated magistrate's court, to a fine or to imprisonment for a period not exceeding 10 years, or to both a fine and such imprisonment;

(iv) in the case of a sentence to be imposed by any other magistrate's court, to any penalty which may lawfully be imposed for the offence of bribery;

(b) sections 13(1) and 15, is liable–

(i) in the case of a sentence to be imposed by a High Court or a regional court, to a fine or to imprisonment for a period not exceeding 15 years, or to both a fine and such imprisonment;

(ii) in the case of a sentence to be imposed by a designated magistrate's court, to a fine or to imprisonment for a period not exceeding seven years, or to both a fine and such imprisonment;

(iii) in the case of a sentence to be imposed by any other magistrate's court, to any penalty which may lawfully be imposed for the offence of bribery;

(2) A person convicted of an offence referred to in section 17, is liable to the punishment laid down in subsection(1) for the offence which that person attempted or conspired to commit or aided, abetted, induced, instigated, instructed or commanded another person to commit.

(3) Notwithstanding subsections (1) and (2) or any other law, a regional court or a High Court, including a High Court to which a matter has been referred under subsection (11) for sentence, must in respect of a person who has been convicted of an offence referred to in subsection (1)(a)—

(a) involving amounts of more than R500 000,00;

(b) involving amounts of more than R100 000,00, if it is proved that the offence was committed by a person, group of persons, syndicate or any enterprise acting in the execution or furtherance of a common purpose or conspiracy; or

(c) if it is proved that the offence was committed by any law enforcement officer—

(i) involving amounts of more than R10 000,00; or

(ii) as a member of a group of persons, syndicate or any enterprise acting in the execution or furtherance of a common purpose or conspiracy,

sentence the person, in the case of—

(aa) a first offender, to imprisonment for a period not less than 15 years;

(bb) a second offender of any such offence, to imprisonment for a period not less than 20 years; and

(cc) a third or subsequent offender of any such offence, to imprisonment for life or for a period not less than 25 years, as the case may be.

Provided that the maximum sentence that a regional court may impose in terms of this subsection may not be more than five years longer than the minimum sentence that it may impose in terms of this subsection.

(4) (a) If any court referred to in subsection (3) is satisfied that substantial and compelling circumstances exist which justify the imposition of a lesser sentence than the sentence prescribed in those subsections, it must enter those circumstances on the record of the proceedings and may thereupon impose such lesser sentence.

(b) If any court referred to in subsection (3) decides to impose a sentence prescribed in those subsections upon a child who was 16 years of age or older, but under the age of 18 years, at the time of the commission of the act which constituted the offence in question, it must enter the reasons for its decision on the record of the proceedings.

(5) Any sentence contemplated in subsection (3) must be calculated from the date of sentence.

(6) The operation of a sentence imposed in terms of subsection (3) may not be suspended as contemplated in section 297(4) of the Criminal Procedure Act, 1977 (Act No. 51 of 1977).

(7) The provisions of subsection (3) are not applicable in respect of a child who was under the age of 16 years at the time of the commission of the act which constituted the offence in question.

(8) If in the application of subsection (3) the age of a child is placed in issue, the onus is on the State to prove the age of the child beyond reasonable doubt.

(9) For the purposes of subsection (3), "law enforcement officer" includes—

(a) a member of the National Intelligence Agency or the South African Secret Service established under the Intelligence Services Act, 1994 (Act No. 38 of 1994); and

(b) a correctional official of the Department of Correctional Services or a person authorised under the Correctional Services Act, 1998 (Act No. 111 of 1998).

(10) The provisions of section 52 of the Criminal Law Amendment Act, 1997(Act No. 105 of 1997), apply, with the necessary changes, in relation to a matter which has been referred to the High Court for sentence.

(11) In addition to any fine a court may impose in terms of subsection (1) (2) and (3), the court may impose a fine equal to five times the value of the gratification involved in the offence.
Extraterritorial [application of Act and] jurisdiction

21. [(1) An act constituting an offence in terms of this Act is also an offence if it is committed in any country outside the Republic by any—

(a) South African citizen or a person domiciled in the Republic, whether the act is an offence or not at the place of its commission; or

(b) foreigner, if—

(i) the act constituted an offence under the law in force in that country;

(ii) that foreigner is found to be in the Republic; and

(iii) that foreigner is for one or other reason not extradited.

(2) Any offence committed in a country outside the Republic as contemplated in subsection (1) is deemed to have been committed in the Republic.

(3) Where a person is charged with conspiracy or incitement to commit an offence or as an accessory after the offence, the offence is deemed to have been committed not only at the place where the act was committed, but also at every place where the conspirator, inciter or accessory acted or, in case of an omission, should have acted.

(4) The acquittal or the conviction of an accused person by a foreign court of law on a criminal charge similar to a charge referred to in this Act, which would be a bar to subsequent charges against such accused person for the same offence if committed in the Republic, is a bar to further proceedings against him or her under any law relating to the extradition of persons, in respect of the same offence, outside the Republic.]

(1) Any act constituting an offence under this Act and which is committed outside the Republic by a person who—

(a) at the time of the act was a South African citizen or was domiciled in the Republic; or

(b) at any time after the act became a South African citizen,

shall, regardless of whether or not the act constitutes an offence or not at the place of its commission, be deemed to have been committed also in the Republic.

(2) Any act constituting an offence under this Act and which is committed outside the Republic by a person who at the time of the act was a foreigner, shall, regardless of whether or not the act constitutes an offence or not at the place of its commission, be deemed to have been committed also in the Republic if that—

(a) act affects or is intended to affect public body, any person or business in the Republic;

(b) foreigner is found to be in South Africa; and

(c) foreigner is for one or other reason not extradited by South Africa or if there is no application to extradite that foreigner.

(3) Where a person is charged with conspiracy or incitement to commit an offence or as an accessory after the offence, the offence is deemed to have been committed not only at the place where the act was committed, but also at every place where the conspirator, inciter or accessory acted or, in case of an omission, should have acted.

Reinstatement of common law crime of bribery

22. The common law crime of bribery, which was repealed by section 4 of the Corruption Act, 1992 (Act No. 94 of 1992), is hereby reinstated.

CHAPTER 3

GENERAL PROVISIONS

Jurisdiction of magistrates’ courts

23. Any magistrate’s court has jurisdiction to impose any penalty mentioned in this Act.

Repeal and amendment of laws

24. (1) [The Corruption Act, 1992 (Act No. 94 of 1992), is hereby repealed.

(2) The Criminal Procedure Act, 1977 (Act No. 51 of 1977), is hereby amended by the insertion after section 269 of the following section:

‘‘Bribery and statutory corruption

269A. If evidence on a charge of common law bribery, an attempt to commit common law bribery or a charge in terms of any provision of Chapter 2 of the Prevention of Corruption Act, 2002, does not prove the crime or offence charged but—

(Aa) proves the crime of theft;

(a) proves the crime of fraud;

(b) proves the crime of extortion;

(c) in the case of a charge of common law bribery, proves an offence contemplated in Chapter 2 of the Prevention of Corruption Act, 2002; or

(d) in the case of a charge in terms of Chapter 2 of the Prevention of Corruption Act, 2002, proves the common law crime of bribery,

the accused may be found guilty of the crime or offence so proved.’’.

(3) The Criminal Law Amendment Act, 1997(Act No. 105 of 1997), is hereby amended by the substitution for the fifth paragraph of Part II of Schedule 1 of the following paragraph:

"Any offence relating to exchange control, [corruption,] extortion, fraud, forgery, uttering or theft—

(a) involving amounts of more than R500 000,00;

(b) involving amounts of more than R100 000,00, if it is proved that the offence was committed by a person, group of persons, syndicate or any enterprise acting in the execution or furtherance of a common purpose or conspiracy; or

(c) if it is proved that the offence was committed by any law enforcement officer—

(i) involving amounts of more than R10 000,00; or

(ii) as a member of a group of persons, syndicate or any enterprise acting in the execution or furtherance of a common purpose or conspiracy.".]

The laws specified in the Schedule are repealed or amended to the extent indicated in that Schedule.

(2) Despite subsection (1), all proceedings which immediately before the commencement of this Act were instituted in terms of the provisions of the Corruption Act, 1992(Act No. 94 of 1992), and which proceedings were pending before any court of law or reviewing authority, shall be dealt with as if this Act had not been passed.

[Interpretation of certain references

25. Any reference in any law to the ‘‘Prevention of Corruption Act, 1958’’, the ‘‘Prevention of Corruption Act, 1958 (Act No. 6 of 1958)’’, the ‘‘Corruption Act, 1992’’ or the ‘‘Corruption Act, 1992 (Act No. 94 of 1992)’’, in relation to an offence in terms of those Acts, must, unless the context indicates otherwise, be construed as a reference to any corresponding offence contemplated in Chapter 2 of this Act.]

Short title

26. This Act is called the Prevention of Corruption Act, 2003.

SCHEDULE

LAWS REPEALED OR AMENDED BY SECTION ---

No and Year of Law

Short title

Extent of Repeal or Amendment

Act 38 of 1927

Black Administration Act

The Third Schedule to the Act is hereby amended by the insertion after the offence "bribery" of the following offence:

"Corruption in terms of statutory law.".

Act 59 of 1959

Supreme Court Act

Section 24 is hereby amended by the substitution for paragraph (b) of subsection (1) of the following paragraph:

"(b) interest in the cause, bias, malice, bribery or corruption in terms of statutory law on the part of the presiding judicial officer;".

Act 58 of 1962

Income Tax Act

Section 37H is hereby amended by the substitution for paragraph (a) of subsection (23) of the following paragraph:

"(a) interest in the application, bias, malice, bribery or corruption in terms of statutory law on the part of any member of the board;".

Act 42 of 1965

Arbitration Act

Section 33 is hereby amended by the substitution for subsection (2) of the following subsection:

"(2) An application pursuant to this section shall be made within six weeks after the publication of the award to the parties: Provided that when the setting aside of the award is requested on the grounds of bribery or corruption in terms of statutory law, such application shall be made within six weeks after the discovery of the bribery or corruption and in any case not later than three years after the date on which the award was so published.".

Act 61 of 1973

Companies Act

Section 218 is hereby amended by the substitution for subparagraph (iii) of paragraph (d) of subsection (1) of the following subparagraph:

"iii) any person who has at any time been convicted (whether in the Republic or elsewhere) of theft, fraud, forgery or uttering a forged document, perjury, [an offence under the Prevention of Corruption Act, 1958 (Act 6 of 1958)] bribery, corruption in terms of statutory law, or any offence involving dishonesty or in connection with the promotion, formation or management of a company, and has been sentenced therefor to imprisonment without the option of a fine or to a fine exceeding one hundred rand.".

Act 51 of 1977

Criminal Procedure Act

1. Insert the following section after section 269:

"269A. If evidence on a charge of bribery or corruption in offence charged but proves the offence of—

(a) theft;

(b) fraud;

(c) extortion;

(d) in the case of a charge of bribery, corruption in terms of statutory law; or

(e) in the case of a charge of corruption in terms of statutory law, bribery,

the accused may be found guilty of the crime or offence so proved.".

2. Schedule 5 to the Act is hereby amended by the substitution for the words in the 20^th line of the following words:

"Any offence relating to exchange control, bribery, corruption in terms of statutory law, extortion, fraud, forgery, uttering or theft–".

Act 91 of 1981

Co-operatives Act

Section 108 is hereby amended by the substitution for subparagraph (iii) of paragraph (f) of subsection (1) of the following subparagraph:

"(iii) if he or she has at any time been convicted (whether in the Republic or elsewhere) of theft, fraud, forgery or uttering a forged document, perjury, [an offence under the Prevention of Corruption Act, 1958 (Act 6 of 1958)] bribery, corruption in terms of statutory law, any offence involving dishonesty or in connection with the formation or management of a co-operative or company and sentenced therefor to imprisonment without the option of a fine or to a fine exceeding two hundred rand;".

Act 19 of 1982

Veterinary and Para-Veterinary Professions Act

Section 24 is hereby amended by the substitution for paragraph (b) of subsection (3) of the following paragraph:

"(b) he or she has at any time been convicted of extortion, bribery, corruption in terms of statutory law, theft, fraud, forgery or uttering of a forged document or perjury, and was sentenced in respect thereof to imprisonment without the option of a fine;".

Act 61 of 1984

Small Claims Courts Act

Section 46 is hereby amended by the substitution for paragraph (b) of the following paragraph:

"(b) interest in the cause, bias, malice, bribery or corruption in terms of statutory law, on the part of the commissioner; and".

Act 69 of 1984

Close Corporations Act

Section 47 is hereby amended by the substitution for subparagraph (iii) of paragraph (b) of the following paragraph:

"(iii) any person who has at any time been convicted of theft, fraud, forgery or uttering a forged document, perjury, [any offence under the Prevention of Corruption Act, 1958 (Act 6 of 1958)] bribery, corruption in terms of statutory law, or any offence involving dishonesty or in connection with the formation or management of a company or a corporation, and has been sentenced therefor to imprisonment for at least six months without the option of a fine; and".

Act 97 of 1990

Financial Services Board Act

Section 5 is hereby amended by the substitution for paragraph (d) of the following paragraph:

"(d) if he or she has at any time been convicted (whether in the Republic or elsewhere) of theft, fraud, forgery or uttering a forged document, perjury, [an offence under the Prevention of Corruption Act, 1958 (Act 6 of 1958)] bribery, corruption in terms of statutory law, or any offence involving dishonesty, and has been sentenced therefor to imprisonment without the option of a fine or to a fine exceeding R100; or".

Act 80 of 1991

Public Accountants' and Auditors' Act

1. Section 4 is hereby amended by the substitution for paragraph (b) of subsection (2) of the following paragraph:

"(b) if he or she has at any time been convicted (whether in the Republic or elsewhere) of theft, fraud, forgery or uttering a forged document, perjury, [an offence under the Corruption Act, 1992 (Act 94 of 1992)] bribery, corruption in terms of statutory law, or any offence involving dishonesty, and has been sentenced therefor to imprisonment without the option of a fine or to a fine exceeding R300;".

2. Section 15 is hereby amended by the substitution for paragraph (b) of subsection (4) of the following paragraph:

"(b) if he or she has at any time been convicted (whether in the Republic or elsewhere) of theft, fraud, forgery or uttering a forged document, perjury, [an offence under the Prevention of Corruption Act, 1958 (Act 6 of 1958)] bribery, corruption in terms of statutory law, or any offence involving dishonesty, and has been sentenced therefor to imprisonment without the option of a fine or to a fine exceeding R300; or".

Act 96 of 1991

Aliens Control Act

1. Schedule I to the Act is hereby amended by the insertion after the offence "bribery" of the following offence:

"Corruption in terms of statutory law.".

2. Schedule II to the Act is hereby amended by the substitution for the eight line of the following line:

"Corruption in terms of statutory law.".

Act 103 of 1991

Short Process Courts and Mediation in Certain Civil Cases Act

Section 12 is hereby amended by the substitution for paragraph (b) of subsection (1) of the following paragraph:

"(b) interest in the cause, bias, malice, bribery or corruption in terms of statutory law on the part of the mediator or the presiding adjudicator, as the case may be;".

Act 94 of 1992

Corruption Act

The whole

Act 106 of 1993

Natural Scientific Professions Act

Section 11 is hereby amended by the substitution for paragraph (b) of subsection (9) of the following paragraph:

"(b) has at any time been convicted of extortion, bribery, corruption in terms of statutory law, theft, fraud, forgery or uttering a forged document knowing it to be false or perjury and has in respect thereof been sentenced to imprisonment without the option of a fine or to a fine exceeding R1 000;".

Act 148 of 1993

Independent Media Commission Act

Section 6 is hereby amended by the substitution for subparagraph (i) of paragraph (j) of subsection (1) of the following subparagraph:

"(i) in the Republic, of theft, fraud, forgery and uttering a forged document, perjury [or an offence in terms of the Corruption Act, 1992 (Act 94 of 1992)] bribery or corruption in terms of statutory law; or".

Act 23 of 1994

Public Protector Act

Section 6 is hereby amended by the substitution for subparagraph (iii) of paragraph (a) of subsection (4) of the following subparagraph:

"(iii) improper or dishonest act, or omission, bribery or corruption in terms of statutory law, with respect to public money;".

Act 40 of 1994

Intelligence Services Control Act

Section 7 is hereby amended by the substitution for paragraph (cA) of subsection (7) of the following paragraph:

"(cA) to receive and investigate complaints from members of the public and members of the services on alleged maladministration, abuse of power, transgressions of the laws and policies referred to in paragraph (a), bribery, corruption in terms of statutory law and the improper enrichment of any person through an act or omission of any member;".

Act 66 of 1995

Labour Relations Act

Section 145 is hereby amended by the substitution for paragraphs (a) and (b) of subsection (1) of the following paragraphs:

"(a) within six weeks of the date that the award was served on the applicant, unless the alleged defect involves bribery or corruption in terms of statutory law; or

(b) if the alleged defect involves bribery or corruption in terms of statutory law, within six weeks of the date that the applicant discovers the bribery or corruption in terms of statutory law.".

Act 67 of 1995

Development Facilitation Act

1. Section 8 is hereby amended by the substitution for paragraph (d) of subsection (2) of the following paragraph:

"(d) he or she is convicted of an offence involving dishonesty, bribery or corruption in terms of statutory law, or sentenced to imprisonment without the option of a fine; or".

2. Section 15 is hereby amended by the substitution for subparagraph (iv) of paragraph (b) of subsection (6) of the following subparagraph:

"(iv) he or she is convicted of an offence involving dishonesty, bribery, or corruption in terms of statutory law, or sentenced to imprisonment without the option of a fine; or".

Act 28 of 1996

Communal Property Associations Act

The Schedule to the Act is hereby amended by the substitution for item 21 of the following item:

"21. Disciplinary matters, and in particular how bribery, corruption, nepotism and offences referred to in section 14 of the Act are to be dealt with.".

Act 33 of 1996

National Gambling Act

Section 3 is hereby amended by the substitution for item (dd) of subparagraph (iii) of paragraph (a) of subsection (7), of the following item:

"(dd) has at any time been or is convicted, whether in the Republic or elsewhere, of theft, fraud, forgery or uttering a forged document, perjury, [an offence under the Corruption Act, 1992 (Act 94 of 1992)] bribery, corruption in terms of statutory law, or any offence involving dishonesty.".

Act 65 of 1996

Films and Publications Act

Section 7 is hereby amended by the substitution for subparagraph (i) of paragraph (h) of subsection (1), of the following subparagraph:

"(i) in the Republic, of theft, fraud, forgery and uttering a forged document, perjury, [or an offence in terms of the Corruption Act, 1992 (Act 94 of 1992)] bribery or corruption in terms of statutory law;".

Act 74 of 1996

Special Investigating Units and Special Tribunals Act

Section 2 is hereby amended by the substitution for paragraph (f) of subsection (2) of the following paragraph:

"(f) bribery or corruption in terms of statutory law in connection with the affairs of any State institution; or".

Act 57 of 1997

Lotteries Act

1. Section 3 is hereby amended by–

(a) the substitution for paragraph (b) of subsection (5) of the following paragraph:

"(b) shall suspend the membership of any member of the board in the event of the State instituting criminal proceedings in a court of law on a charge of theft, fraud, forgery or uttering a forged document, perjury, [an offence in terms of the Corruption Act, 1992 (Act 94 of 1992)] bribery, corruption in terms of statutory law or any offence involving dishonesty;

(b) the substitution for subparagraph (i) of paragraph (c) of subsection (5) of the following subparagraph:

"(i) being found guilty in a court of law of contravening this Act or of theft, fraud, forgery or uttering a forged document, perjury, [an offence in terms of the Corruption Act, 1992,] bribery, corruption in terms of statutory law or any offence involving dishonesty; or";

(c) the substitution for item (dd) of subparagraph (iii) of paragraph (a) of subsection (7), of the following item:

"(dd) has at any time been, or is, convicted, whether in the Republic or elsewhere, of theft, fraud, forgery or uttering a forged document, perjury, [an offence in terms of the Corruption Act, 1992,] bribery, corruption in terms of statutory law or any offence involving dishonesty.".

2. Section 51 is hereby amended by the substitution for paragraph (e) of subsection (1) of the following paragraph:

"(e) if the certificate holder is convicted on a charge of theft, fraud, forgery or uttering a forged document, perjury, [an offence in terms of the Corruption Act, 1992,] bribery, corruption in terms of statutory law or any offence involving dishonesty.".

Act 105 of 1997

Criminal Law Amendment Act

Schedule 1 to the Act is hereby amended by the substitution for the words preceding paragraph (a) in the fifth paragraph of Part II of the following words:

"Any offence relating to exchange control, [corruption,] extortion, fraud, forgery, uttering or theft—".

Act 40 of 1998

South African Civil Aviation Authority Act

Section 9 is hereby amended by the substitution for subparagraph (ii) of paragraph (a) of subsection (3) of the following subparagraph:

"(ii) of bribery, corruption in terms of statutory law, any offence in terms of the [Corruption Act, 1992 (Act 94 of 1992),] the Companies Act, 1973, or of contravening this Act;".

Act 76 of 1998

Employment of Educators Act

Section 17 is hereby amended by the substitution for paragraph (a) of subsection (1) of the following paragraph:

"(a) theft, bribery, fraud or an act of corruption in terms of statutory law in regard to examinations or promotional reports;".

Act 105 of 1998

National Empowerment Fund Act

Section 7 is hereby amended by the substitution for paragraph (e) of subsection (1) of the following paragraph:

"(e) has at any time been convicted, whether in the Republic or elsewhere, of theft, fraud, forgery and uttering, perjury, [an offence in terms of the Corruption Act, 1992 (Act 94 of 1992),] bribery, corruption in terms of statutory law or any other offence involving dishonesty; or".

Act 110 of 1998

National Sport and Recreation Act

Section 13 is hereby amended by the substitution for paragraph (a) of subsection (4) of the following paragraph:

"(a) any malpractice of any kind, including bribery and corruption in terms of statutory law, in the administration;".

Act 111 of 1998

Correctional Services Act

Section 95 is hereby amended by the substitution for paragraph (g) of subsection (2) of the following paragraph:

"(g) investigating theft, fraud, bribery, corruption in terms of statutory law, and any other dishonest practices or irregularities.".

Act 112 of 1998

Witness Protection Act

The Schedule to the Act is hereby amended by the substitution for the words preceding paragraph (a) in item 14, of the following words:

"Any offence relating to exchange control, bribery, corruption in terms of statutory law, extortion, fraud, forgery, uttering or theft-".

Act 121 of 1998

Prevention of Organised Crime Act

The Schedule to the Act is hereby amended by the substitution for item 12 of the following item:

"12. Bribery and corruption in terms of statutory law;".

Act 131 of 1998

Medical Schemes Act

Section 5 is hereby amended by the substitution for paragraph (d) of subsection (1) of the following paragraph:

"(d) has at any time been convicted (whether in the Republic of South Africa or elsewhere) of theft, fraud, forgery or uttering a forged document, perjury, [an offence under the Corruption Act, 1992 (Act 94 of 1992)] bribery, corruption in terms of statutory law or any offence involving dishonesty, and has been senten-

ced therefor to imprisonment without the option of a fine.".

Act 132 of 1998

South African Medicines and Medical Devices Regulatory Authority Act

Section 8 is hereby amended by the substitution for subparagraph (i) of paragraph (j) of subsection (1) of the following subparagraph:

"(i) theft, fraud, forgery or uttering a forged document, perjury, [an offence in terms of the Corruption Act, 1992 (Act 94 of 1992)] bribery, corruption in terms of statutory law or any other offence involving dishonesty;".

Act 4 of 1999

Broadcasting Act

Section 16 is hereby amended by the substitution for subparagraph (i) of paragraph (d) of subsection (1) of the following subparagraph:

"(i) in the Republic, of theft, fraud, forgery and uttering a forged document, perjury, [or an offence in terms of the Corruption Act, 1992 (Act 94 of 1992)] bribery, corruption in terms of statutory law;".

Act 20 of 1999

Road Traffic Management Corporation Act

Section 10 is hereby amended by the substitution for subparagraph (ii) of paragraph (a) of subsection (1) of the following subparagraph:

"(ii) of bribery, corruption in terms of statutory law or any offence in terms of [the Corruption Act, 1992 (Act 94 of 1992),] the Companies Act, 1973 (Act 61 of 1973), or this Act;".

Act 13 of 2000

Independent Communications Authority of South Africa Act

Section 6 is hereby amended by the substitution for subparagraph (i) of paragraph (j) of subsection (1) of the following subparagraph:

"(i) theft, fraud, forgery or uttering a forged document, perjury, [an offence in terms of the Corruption Act, 1992 (Act 94 of 1992),] bribery, corruption in terms of statutory law or any other offence involving dishonesty; or".

Act 32 of 2000

Local Government: Municipal Systems Act

1. Section 6 is hereby amended by the substitution for paragraph (c) of subsection (2) of the following paragraph:

"(c) take measures to prevent bribery and corruption;".

2. Section 83 is hereby amended by the substitution for paragraph (c) of subsection (1) of the following paragraph:

"(c) minimise the possibility of fraud, bribery and corruption;".

3. Section 106 is hereby amended by the substitution for the words preceding paragraph (a) in subsection (1) of the following words:

"If an MEC has reason to believe that a municipality in the province cannot or does not fulfil a statutory obligation binding on that municipality or that maladministration, fraud, bribery, corruption or any other serious malpractice has occurred or is occurring in a municipality in the province, the MEC must–".

Act 38 of 2000

Construction Industry Development Board Act

Section 7 is hereby amended by the substitution for paragraph (a) of subsection (4) of the following subparagraph:

"(a) is convicted, whether in the Republic or elsewhere, of theft, fraud, forgery or uttering a forged document, perjury, bribery, corruption in terms of statutory law or any offence involving dishonesty or of any offence in terms of the [Corruption Act, 1992 (Act 94 of 1992), the] Companies Act, 1973 (Act 61 of 1973), or of contravening this Act;".

Act 63 of 2000

Home Loan and Mortgage Disclosure Act

Section 8 is hereby amended by the substitution for subparagraph (i) of paragraph (e) of subsection (2) of the following subparagraph:

"(i) an offence involving dishonesty, bribery or corruption; or".

Act 56 of 2001

Private Security Industry Regulation Act

The Schedule to the Act is hereby amended by the substitution for the offence mentioned in the 26^th line of the following offence:

"bribery and corruption in terms of statutory law.".

Act 13 of 2002

Immigration Act

1. Section 47 is hereby amended by the substitution for the words preceding paragraph (a) in subsection (1) of the following words:

"The Department shall set up an internal anti-corruption unit charged with the task of preventing, deterring, detecting and exposing any instance of bribery, corruption, abuse of power, xenophobia and dereliction of duty by a person employed in the Department, provided that such unit shall–".

2. The Schedule to the Act is hereby amended by–

(a) the insertion of "Bribery" before "Corruption" in the first line;

(b) the substitution for "Corruption" in the first line for the following:

"Corruption in terms of statutory law.".

Act 14 of 2002

Media Development and Diversity Agency Act

Section 5 is hereby amended by the substitution for paragraph (e) of the following paragraph:

"(e) has, notwithstanding paragraph (f), at any time been convicted of theft, fraud, perjury, [an offence under the Corruption Act, 1992 (Act 94 of 1992),] bribery, corruption in terms of statutory law or any other offence involving dishonesty;".

Act 15 of 2002

Land and Agricultural Development Bank Act

Section 10 is hereby amended by the substitution for subparagraph (i) of paragraph (d) of the following subparagraph:

"(i) in the Republic of theft, perjury, [or an offence in terms of the Corruption Act, 1992 (Act 94 of 1992)] bribery or corruption in terms of statutory law;".