WORKING DOCUMENT NO. 8 (NOV 2003)
REPUBLIC OF SOUTH AFRICA
__________
PREVENTION OF CORRUPT ACTIVITIES
BILL
__________
(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)
(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 corrupt activities and 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 corrupt activities 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 corrupt activities 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 regional and international cooperation is essential to prevent and control corruption and related corrupt activities;
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 has reaffirmed the need to eliminate scourges of corruption through the adoption by member states of effective preventive 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 activities 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 IN RESPECT OF CORRUPT ACTIVITIES
Part 1: General offence of corruption
3. General offence of corruption
Part 2: Offences in respect of corrupt activities relating to specific persons
4. Offences in respect of corrupt activities relating to public officers
5. Offences in respect of corrupt activities relating to agents
6. Offences in respect of corrupt activities relating to members of legislative authority
7. Offences in respect of corrupt activities relating to members of judicial authority
8. Offences in respect of corrupt activities relating to members of prosecuting authority
9. Offences in respect of corrupt activities relating to witnesses and evidential material during certain proceedings
10. Offences in respect of corrupt activities relating to foreign public officials
Part 3: Offences in respect of corrupt activities relating to specific matters
11. Offences in respect of corrupt activities relating to procuring and withdrawal of tenders
12. Offences in respect of corrupt activities relating to auctions
13. Offences in respect of corrupt activities relating to contracts
14. Offences in respect of corrupt activities relating to sporting events
15. Offences in respect of corrupt activities relating to gambling games or games of chance
16. Offences in respect of corrupt activities relating to disclosure of information for gratification
Part 4: Other offences
17. Accessory to or after an offence
18. Intentional interference with, hindering or obstructing of investigation of offence
19. Attempt, conspiracy and inducing another person to commit offence
Part 5: Authorisation to institute proceedings in respect of certain offences
20. Authorisation by National Director, Deputy National Director or Director to institute proceedings in respect of certain offences
CHAPTER 3
PRESUMPTIONS AND DEFENCES
21. Presumptions
23. Defences
CHAPTER 4
PENALTIES AND RELATED MATTERS
24. Penalties
25. Endorsement of Register.
CHAPTER 5
INVESTIGATIONS REGARDING POSSESSION OF PROPERTY RELATING TO CORRUPT ACTIVITIES
26. Investigations regarding possession of property relating to corrupt activities
27. Application for, and issuing of investigating direction in respect of possession of property relating to corrupt activities
CHAPTER 6
CENTRAL CORRUPTION REGISTER
28. Establishment of Register
29. Appointment of Registrar
30. Powers, duties and functions of Registrar
31. Access to Register
32. Regulations pertaining to Register
CHAPTER 7
MISCELLANEOUS MATTERS
33. Duty to report corrupt transactions
34. Extraterritorial jurisdiction
35. Repeal and amendment of laws, and savings
36. Short title and commencement
CHAPTER 1
DEFINITIONS AND INTERPRETATION
Definitions
1. In this Act, unless the context indicates otherwise—
OPTION 1
(i) "agent" means any authorised representative who acts on behalf of his or her principal and includes a director, officer, employee or other person authorised to act on behalf of his or her principal;
OPTION 2
(i) "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;
(ii) "animal"means any mammal, bird, fish, reptile or amphibian which is a member of the phylum vertebrates;
[(iii) "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, occupation, profession, calling, industry or undertaking of any 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;
(iv) corruptly" means acting personally or by influencing another person to do an act in a manner or under circumstances—
(a) which are illegal, {unauthorised} incomplete, contrived or biased and adversely affect, or could adversely affect, the honest exercise, carrying out or performance of any person's powers, duties or functions;
(b) [that is] which are unacceptable according to the normal standards of moral, social or professional behaviour;
(c) [that amounts] which amount to—
(i) the abuse of a position of authority;
(ii) a breach of trust;
(iii) the misuse or selling of information or material acquired in the course of the exercise, carrying out or performance of a power, duty or function;
(iv) the violation of a legal duty or a set of rules;
(d) which are designed to achieve an unjustified result;
(e) where, in the case of the acceptance of any gratification, that person is not authorised to accept or agree or offer to accept any such gratification from any other person; or
(f) [that amounts] which amount to any other improper {or unauthorised} inducement to do [or not to do] anything,
(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; or
(c) any agency of any such country or territory or of a political subdivision of any such country or territory;
(viii) "gambling game" means any gambling game as defined in section 1 of the National Gambling Act, 1996 (Act No. 33 of 1996);
(ix) "game of chance" includes a lottery, lotto, numbers game, scratch game, sweepstake, or sports pool;
(x) "gratification" includes—
(a) money, whether in cash or otherwise;
(b) 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;
(c) the avoidance of a loss, liability, penalty, forfeiture, punishment or other disadvantage;
(d) any office, status, honour, employment, contract of employment or services, any agreement to give employment or render services in any capacity and residential or holiday accommodation;
(e) any payment, release, discharge or liquidation of any loan, obligation or other liability, whether in whole or in part;
(f) any forbearance to demand any money or money’s worth or valuable thing;
(g) 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) any right or privilege;
(i) any real or pretended aid, vote, consent, influence or abstention from voting; or
(j) any valuable consideration or benefit of any kind, including any discount, commission, rebate, bonus, deduction or percentage;
(xi) "inducement" means to assist, persuade, encourage, coerce, intimidates, threatens or cause a person to do or not do anything, and "induce" has a corresponding meaning;
(xii) "judicial officer" means–
(a) any constitutional court judge or any other judge defined in section 1 of the Judges' Remuneration and Conditions of Employment Act, 2001(Act No. 47 of 2001);
(b) a judge of the International Criminal Court contemplated in sections 1 and 6 of the Implementation of the Rome Statute of the International Criminal Court Act, 2002(Act No. 27 of 2002);
(c) a judge of the Labour Court appointed under section 153(1)(a) or (b), (4) or (5) of the Labour Relations Act, 1995(Act No. 66 of 1995);
(d) the President or judge of the Land Claims Court appointed under section 22(3), (4) or (8) of the Restitution of Land Rights Act, 1994(Act No. 22 of 1994);
(e) any judge of the Competition Appeal Court appointed under section 36(2) of the Competition Act, 1998(Act No. 89 of 1998);
(f) the presiding officer of the court of marine enquiry referred to in section 267(1) of the Merchant Shipping Act, 1951(Act No. 57 of 1951);
(g) any regional magistrate or magistrate defined in section 1 of the Magistrates Act, 1993 (Act No. 90 of 1993);
(h) any commissioner appointed under section 9 of the Small Claims Courts Act, 1984(Act No. 61 of 1984);
(i) any arbitrator or umpire presiding at arbitration proceedings for the settlement by arbitration of a dispute which has been referred to arbitration in terms of an arbitration agreement;
(j) any mediator presiding at mediation proceedings where parties have agreed to submit their dispute to mediation proceedings;
(k) any adjudicator appointed under section 6 of the Short Process Courts and Mediation in Certain Civil Cases Act, 1991(Act No. 103 of 1991);
(l) any other person who presides at any trial, hearing, commission, committee or any other proceedings and who has the authority to decide causes or issues between parties and render decisions in a judicial capacity;
(m) any person contemplated in paragraphs (a) to (l) who has been appointed in an acting or temporary capacity;
(xiii) "legislative authority", means the legislative authority referred to in section 43 of the Constitution;
(xiv) "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);
(xv) "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;
(xvi) "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; or
(e) in the case of a legal representative referred to in the definition of "agent", the person represented by such legal representative;
(xvii) "private sector" means all persons or entities, including any—
(a) natural person or group of two or more natural persons who carries on trade, business or profession;
(b) syndicate, agency, trust, partnership, fund, association, organisation or institution;
(c) company incorporated or registered as such;
(d) body of persons corporate or unincorporate; or
(e) other legal person,
but does not include–
(a) public officers and public bodies;
(b) any legislative authority and any members thereof;
(c) the judicial authority and any members thereof; or
(e) the prosecuting authority and any members thereof;
(xviii) "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;
(xix) "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 or function in terms of the Constitution or a provincial constitution; or
(ii) exercising a public power or performing a public duty or function in terms of any legislation;
(xx) "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);
(xxi) "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] any person in the public service contemplated in section 8(1) of the Public Service Act, 1994(Proclamation No. 103 of 1994);
(b) any person receiving any remuneration from public funds;
(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;
[(xxi) "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;]
(xxii) "sporting event" means any event or contest in any sport, between individuals or teams, or in which an animal competes, 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.
[(xxiii) "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) that 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'
and "knowing" shall be construed accordingly.
(2) For the purposes of this Act a person ought reasonably to have known or suspected a fact if the conclusions that he or she ought to have reached are those which would have been reached by a reasonably diligent and vigilant person having both—
(a) the general knowledge, skill, training and experience that may reasonably be expected of a person in his or her position; and
(b) the general knowledge, skill, training and experience that he or she in fact has.
(3) (a) A reference in this Act to accept or agree or offer to accept any gratification, includes to–
(i) demand, ask for, seek, request, solicit, receive or obtain;
(ii) agree to demand, ask for, seek, request, solicit, receive or obtain; and
(iii) offer to demand, ask for, seek, request, solicit, receive or obtain,
such gratification.
(b) A reference in this Act to give or agree or offer to give any gratification, includes to–
(i) promise, lend, grant, confer or procure;
(ii) agree to lend, grant, confer or procure;
(iii) offer to lend, grant, confer or procure,
such gratification.
(4) A reference in this Act to–
(a) do an act includes–
(i) not to do an act/ to omit to do an act;
(ii) doing an act;
(iii) having done an act; or
(iv) not having done an act;
(b) doing an act includes not doing an act;
(c) having done an act includes not having done an act; and
(d) doing an act in a specific manner, includes not doing such act or not having done such act.
CHAPTER 2
OFFENCES IN RESPECT OF CORRUPT ACTIVITIES
Part 1: General offence of corruption
General offence of corruption
OPTION 1
3. Any person, including a person in the private sector, who, directly or indirectly–
(a) accepts or agrees or offers to accept any gratification from any other person, whether for the benefit of himself or herself or for the benefit of another person; or
(b) gives or agrees or offers to give to any other person any gratification, whether for the benefit of that other person or for the benefit of another person,
in order to do an act [or for acting or for having acted], personally or by influencing another person so to do an act, in a manner or under circumstances—
(i) which are illegal, {unauthorised} incomplete, contrived or biased and adversely affect, or could adversely affect, the honest exercise, carrying out or performance of any person's powers, duties or functions;
(ii) [that is] which are unacceptable according to the normal standards of moral, social or professional behaviour;
(iii) [that amounts] which amount to—
(aa) the abuse of a position of authority;
(bb) a breach of trust;
(cc) the misuse or selling of information or material acquired in the course of the exercise, carrying out or performance of a power, duty or function;
(dd) the violation of a legal duty or a set of rules;
(v) which are designed to achieve an unjustified result;
(vi) where, in the case of any conduct contemplated in paragraph (a), that person is not authorised to accept or agree or offer to accept any such gratification from any other person; or
(vii) [that amounts] which amount to any other improper {or unauthorised} inducement to do [or not to do] anything,
is guilty of the offence of corruption / an offence.
OPTION 2
3. Any person, including a person in the private sector, who, directly or indirectly–
(a) accepts or agrees or offers to accept any gratification from any other person, whether for the benefit of himself or herself or for the benefit of another person; or
(b) gives or agrees or offers to give to any other person any gratification, whether for the benefit of that other person or for the benefit of another person,
in order to corruptly do an act [or for acting or for having acted corruptly], is guilty of the offence of corruption / an offence.
Part 2: Offences in respect of corrupt activities relating to specific persons
Offences in respect of corrupt activities relating to public officers
OPTION 1
4. (1) Any—
(a) public officer who, directly or indirectly, accepts or agrees or offers to accept any gratification from any other person, whether for the benefit of himself or herself or for the benefit of another person; or
(b) person who, directly or indirectly, gives or agrees or offers to give any gratification to a public officer, whether for the benefit of that public officer or for the benefit of another person,
in order to do an act [or for acting or for having acted], personally, or by influencing another person so to act, in a manner or under circumstances—
(i) which are illegal, {unauthorised} incomplete, contrived or biased and adversely affect, or could adversely affect, the honest exercise, carrying out or performance of any person's powers, duties or functions;
(ii) [that is] which are unacceptable according to the normal standards of moral, social or professional behaviour;
(iii) [that amounts] which amount to—
(aa) the abuse of a position of authority;
(bb) a breach of trust;
(cc) the misuse or selling of information or material acquired in the course of the exercise, carrying out or performance of a power, duty or function;
(dd) the violation of a legal duty or a set of rules;
(v) which are designed to achieve an unjustified result;
(vi) where, in the case of any conduct contemplated in paragraph (a), that person is not authorised to accept or agree or offer to accept any such gratification from any other person; or
(vii) [that amounts] which amount to any other improper {or unauthorised} inducement to do [or not to do] anything,
is guilty of an offence.
(2) In subsection (1) "to do an act" includes—
(a) voting [or not voting] at any meeting of a public body;
(b) performing[, not performing] or not adequately performing any official functions;
(c) expediting, delaying, hindering or preventing the performance of an official act;
(d) aiding, assisting or favouring any particular 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;
(h) exerting any improper influence over the decision making of any person performing functions in a public body[,
and "acting" or "having acted" has a corresponding meaning].
OPTION 2
4. (1) Any—
(a) public officer who, directly or indirectly, accepts or agrees or offers to accept any gratification from any other person, whether for the benefit of himself or herself or for the benefit of another person; or
(b) person who, directly or indirectly, gives or agrees or offers to give any gratification to a public officer, whether for the benefit of that public officer or for the benefit of another person,
in order to corruptly do an act [or for acting or for having acted corruptly], is guilty of an offence.
(2) In subsection (1) "to do an act" includes—
(a) voting [or not voting] at any meeting of a public body;
(b) performing[, not performing] or not adequately performing any official functions;
(c) expediting, delaying, hindering or preventing the performance of an official act;
(d) aiding, assisting or favouring any particular 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;
(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; or
(h) exerting any improper influence over the decision making of any person performing functions in a public body[,
and "acting" or "having acted" has a corresponding meaning].
OPTION 3
4. (1) Any—
(a) public officer who, directly or indirectly, accepts or agrees or offers to accept any gratification from any other person, whether for the benefit of himself or herself or for the benefit of another person; or
(b) person who, directly or indirectly, gives or agrees or offers to give any gratification to a public officer, whether for the benefit of that public officer or for the benefit of another person,
in order to do an act [or for acting or for having acted], personally, or by influencing another person so to act, in a manner or under circumstances set out in section 3, is guilty of an offence.
Offences in respect of corrupt activities relating to agents
OPTION 1
5. Any—
(a) agent who, directly or indirectly—
(i) accepts or agrees or offers to accept any gratification from any other person, whether for the benefit of himself or herself or for the benefit of another person; or
(ii) gives or agrees or offers to give to any person any gratification, whether for the benefit of that person or for the benefit of another person;
(b) person who, directly or indirectly—
(i) accepts or agrees or offers to accept any gratification from an agent, whether for the benefit of himself or herself or for the benefit of another person; or
(ii) gives or agrees or offers to give any gratification to an agent, whether for the benefit of that agent or for the benefit of another person,
in order to do an act [or for acting or for having acted], personally, or by influencing another person so to act, in a manner or under circumstances—
(i) which are illegal, {unauthorised} incomplete, contrived or biased and adversely affect, or could adversely affect, the honest exercise, carrying out or performance of any person's powers, duties or functions;
(ii) [that is] which are unacceptable according to the normal standards of moral, social or professional behaviour;
(iii) [that amounts] which amount to—
(aa) the abuse of a position of authority;
(bb) a breach of trust;
(cc) the misuse or selling of information or material acquired in the course of the exercise, carrying out or performance of a power, duty or function;
(dd) the violation of a legal duty or a set of rules;
(v) which are designed to achieve an unjustified result;
(vi) where, in the case of any conduct contemplated in paragraph (a), that person is not authorised to accept or agree or offer to accept any such gratification from any other person; or
(vii) [that amounts] which amount to any other improper {or unauthorised} inducement to do [or not to do] anything,
is guilty of an offence.
OPTION 2
5. Any—
(a) agent who, directly or indirectly—
(i) accepts or agrees or offers to accept any gratification from any other person, whether for the benefit of himself or herself or for the benefit of another person; or
(ii) gives or agrees or offers to give any gratification to any person, whether for the benefit of that person or for the benefit of another person;
(b) person who, directly or indirectly—
(i) accepts or agrees or offers to accept any gratification from an agent, whether for the benefit of himself or herself or for the benefit of another person; or
(ii) gives or agrees or offers to give any gratification to an agent, whether for the benefit of that agent or for the benefit of another person,
in order to corruptly do an act [or for acting or for having acted corruptly], is guilty of an offence.
OPTION 3
See Option 3 in respect of clause 4 above.
Offences in respect of corrupt activities relating to members of legislative authority
6. (1) Any—
(a) member of the legislative authority who, directly or indirectly, accepts or agrees or offers to accept any gratification from any other person, whether for himself or herself or for the benefit of another person;
(b) person who, directly or indirectly, gives or agrees or offers to give any gratification to a member of the legislative authority, whether for the benefit of that member or for the benefit of another person,
in order to do an act [or for acting or for having acted], personally or by influencing another person so to act, in a manner or under circumstances—
(i) which are illegal, {unauthorised} incomplete, contrived or biased and adversely affect, or could adversely affect, the honest exercise, carrying out or performance of any person's powers, duties or functions;
(ii) [that is] which are unacceptable according to the normal standards of moral, social or professional behaviour;
(iii) [that amounts] which amount to—
(aa) the abuse of a position of authority;
(bb) a breach of trust;
(cc) the misuse or selling of information or material acquired in the course of the exercise, carrying out or performance of a power, duty or function;
(dd) the violation of a legal duty or a set of rules;
(v) which are designed to achieve an unjustified result;
(vi) where, in the case of any conduct contemplated in paragraph (a), that person is not authorised to accept or agree or offer to accept any such gratification from any other person; or
(vii) [that amounts] which amount to any other improper {or unauthorised} inducement to do [or not to do] anything,
is guilty of an offence.
(2) For purposes of subsection (1) "to do an act" includes—
(a) [absenting 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;
(b)] voting [or not voting] at any meeting of the legislative authority of which he or she is a member or of any committee or joint committee of that legislative authority or, in order to influence the result of such voting process, absenting 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;
(b) aiding or assisting in procuring or preventing the passing of any vote in the legislative authority of which he or she is a member or of any committee or joint committee of that legislative authority; or
(c) exerting any improper influence over the decision making of any person performing his or her functions as a member of the legislative authority or of any committee or joint committee of that legislative authority
(d) influencing in any way, the election, designation or appointment of any functionary to be elected, designated or appointed by the legislative authority of which he or she is a member[,
and "acting" or "having acted" has a corresponding meaning];.
(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, gives or agrees or offers to give any gratification to any other person, whether for the benefit of that other person or for the benefit of another person—
(a) for the purpose of influencing, in any way, the election of a candidate or a category or party of candidates as a member or members of the legislative authority; or
(b) with the intent to influencing 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.
Offences in respect of corrupt activities relating to members of judicial authority
OPTION 1
7. (1) Any—
(a) judicial officer who, directly or indirectly, accepts or agrees or offers to accept any gratification from any other person, whether for himself or herself or for the benefit of another person;
(b) person who, directly or indirectly, gives or agrees or offers to give any gratification to a judicial officer, whether for the benefit of that judicial officer or for the benefit of another person,
in order to do an act [or for acting or for having acted], personally or by influencing another person so to act, in a manner or under circumstances—
(i) which are illegal, {unauthorised} incomplete, contrived or biased and adversely affect, or could adversely affect, the honest exercise, carrying out or performance of any person's powers, duties or functions;
(ii) [that is] which are unacceptable according to the normal standards of moral, social or professional behaviour;
(iii) [that amounts] which amount to—
(aa) the abuse of a position of authority;
(bb) a breach of trust;
(cc) the misuse or selling of information or material acquired in the course of the exercise, carrying out or performance of a power, duty or function; or
(dd) the violation of a legal duty or a set of rules;
(v) which are designed to achieve an unjustified result;
(vi) where, in the case of any conduct contemplated in paragraph (a), that person is not authorised to accept or agree or offer to accept any such gratification from any other person; or
(vii) [that amounts] which amount to any other improper {or unauthorised} inducement to do anything,
is guilty of an offence.
(2) For purposes of subsection (1) "to do an act" includes—
(a) the conducting of [unfair] judicial proceedings;
(b) the making [unfair and partial] of decisions [over] affecting life, freedoms, rights, duties, obligations and property of persons; or
(c) upholding the independence of the judiciary.
OPTION 2
7. (1) Any—
(a) judicial officer who, directly or indirectly, accepts or agrees or offers to accept any gratification from any other person, whether for himself or herself or for the benefit of another person;
(b) person who, directly or indirectly, gives or agrees or offers to give any gratification to a judicial officer, whether for the benefit of that judicial officer or for the benefit of another person,
in order to corruptly do an act [or for acting or for having acted corruptly] in the exercise or performance of such judicial officer's or such other person's powers duties or functions relating to such judicial officer's or such other person's judicial office or the administration of justice, is guilty of an offence.
(2) For purposes of subsection (1) "to do an act" includes—
(a) the conducting of [unfair] judicial proceedings;
(b) the making [unfair and partial] of decisions [over] affecting life, freedoms, rights, duties, obligations and property of persons; or
(c) upholding the independence of the judiciary.
Offences in respect of corrupt activities relating to members of prosecuting authority
OPTION 1
8. (1) Any—
(a) member of the prosecuting authority who, directly or indirectly, accepts or agrees or offers to accept any gratification from any other person, whether for himself or herself or for the benefit of another person;
(b) person who, directly or indirectly, gives or agrees or offers to give any gratification to a member of the prosecuting authority, whether for the benefit of that member or for the benefit of another person,
in order to do an act [or for acting or for having acted], personally or by influencing another person so to act, in a manner or under circumstances—
(i) which are illegal, {unauthorised} incomplete, contrived or biased and adversely affect, or could adversely affect, the honest exercise, carrying out or performance of any person's powers, duties or functions;
(ii) [that is] which are unacceptable according to the normal standards of moral, social or professional behaviour;
(iii) [that amounts] which amount to—
(aa) the abuse of a position of authority;
(bb) a breach of trust;
(cc) the misuse or selling of information or material acquired in the course of the exercise, carrying out or performance of a power, duty or function; or
(dd) the violation of a legal duty or a set of rules;
(v) which are designed to achieve an unjustified result;
(vi) where, in the case of any conduct contemplated in paragraph (a), that person is not authorised to accept or agree or offer to accept any such gratification from any other person; or
(vii) [that amounts] which amount to any other improper {or unauthorised} inducement to do anything,
is guilty of an offence.
(2) In subsection (1) "to do an act" includes—
(a) the[ improper] instituting and conducting of criminal proceedings on behalf of the State;
(b) the [improper] carrying out of any necessary functions incidental to instituting and conducting such criminal proceedings; or
(c) the [improper] discontinuation of criminal proceedings[,
and "acting" or "having acted" has a corresponding meaning].
OPTION 2
8. (1) Any—
(a) member of the prosecuting authority who, directly or indirectly, accepts or agrees or offers to accept any gratification from any other person, whether for himself or herself or for the benefit of another person;
(b) person who, directly or indirectly, gives or agrees or offers to give any gratification to a member of the prosecuting authority, whether for the benefit of that member or for the benefit of another person,
in order to corruptly do an act [or for acting or for having acted corruptly] in the exercise, carrying out or performance of his or her or such other person's powers, duties or functions relating to his or her or such other person's office, employment or the administration of justice, is guilty of an offence.
(2) In subsection (1) "to do an act" includes—
(a) the [improper] instituting and conducting of criminal proceedings on behalf of the State;
(b) the [improper] carrying out of any necessary functions incidental to instituting and conducting such criminal proceedings;
(c) the [improper] discontinuation of criminal proceedings[,
and "acting" or "having acted" has a corresponding meaning].
Offences in respect of corrupt activities relating to witnesses and evidential material during certain proceedings
9. (1) Any person who, directly or indirectly accepts or agrees or offers to accept any gratification from any other person, whether for the benefit of himself or herself or for the benefit of another person, in return for—
(a) testifying in a particular way or fashion or in an 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;
(b) withholding testimony or withholding a record, document, police docket or other object at any such trial, hearing or proceedings;
(c) giving or withholding information relating to any aspect at any such trial, hearing or proceedings;
(d) altering, destroying, mutilating, or concealing a record, document, police docket or other object with the intent to impair the availability of such record, document, police docket or other object for use at such trial, hearing or proceedings;
(e) giving or withholding information relating to or contained in a police docket;
(f) evading legal process summoning that person to appear as a witness or to produce any record, document, police docket or other object at such trial, hearing or proceedings; or
(g) being absent at such trial, hearing or proceedings,
is guilty of an offence.
(2) Any person who, directly or indirectly, intimidates or uses physical force, or improperly persuades or coerces another person, or who gives or agrees or offers to give any gratification to any other person, whether for the benefit of that other person or for the benefit of another person, with the intent to–
(a) influence, delay or prevent 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) cause or induce any person to–
(i) testify in a particular way or fashion or in an 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;
(ii) withhold testimony or to withhold a record, document, police docket or other object at such trial, hearing or proceedings;
(iii) give or withhold information relating to any aspect at any such trial, hearing or proceedings;
(iv) alter, destroy, mutilate, or conceal a record, document, police docket or other object with the intent to impair the availability of such record, document, police docket or other object for use at such trial, hearing or proceedings;
(v) give or withhold information relating to or contained in a police docket;
(vi) evade legal process summoning that person to appear as a witness or to produce any record, document, police docket or other object at such trial, hearing or proceedings; or
(vii) be absent at such trial, hearing or other proceedings,
is guilty of an offence.
Offences in respect of corrupt activities relating to foreign public officials
10. (1) Any person who, directly or indirectly, gives or agrees or offers to give any gratification to a foreign public official, whether for the benefit of that foreign public official or for the benefit of another person, in order to do an act [or for acting or for having acted], personally or by influencing another person so to act, in a manner or under circumstances—
(a) which are illegal, {unauthorised} incomplete, contrived or biased and adversely affect, or could adversely affect, the honest exercise, carrying out or performance of any person's powers, duties or functions;
(b) [that is] which are unacceptable according to the normal standards of moral, social or professional behaviour;
(c) [that amounts] which amount to—
(i) the abuse of a position of authority;
(ii) a breach of trust;
(iii) the misuse or selling of information or material acquired in the course of the exercise, carrying out or performance of a power, duty or function; or
(iv) the violation of a legal duty or a set of rules;
(d) which are designed to achieve an unjustified result;or
(e) [that amounts] which amount to any other improper {or unauthorised} inducement to do anything,
is guilty of an offence.
(2) In subsection (1) "to do an act" includes—
(a) the using of such foreign public official's or such others person's position to [improperly] influence any acts or decisions of the foreign state or public international organisation concerned; or
(b) [improperly] obtaining or retaining a contract, business or an [improper] advantage in the conduct of business of that foreign state or public international organisation[;
and "acting" or "having acted" has a corresponding meaning].
Part 3: Offences in respect of corrupt activities relating to specific matters
Offences respect of corrupt activities relating to procuring and withdrawal of tenders
11. (1) Any person who, directly or indirectly, accepts or agrees or offers to accept any gratification from any other person, whether for the benefit of himself or herself or for the benefit of another person, as–
(a) an inducement to, personally or by influencing any other person so to act, [improperly]–
(i) award a tender, in relation to a contract for performing any work, providing any service, supplying any article, material or substance or performing any other act, to a particular person;
(ii) upon an invitation to tender for such contract, make a tender for that contract which has as it aim to cause the tenderer to accept a particular tender; or
(iii) withdraw a tender made by him or her for such contract;
(b) a reward for [acting or having acted] doing an act as contemplated in paragraph (a)(i), (ii) or (iii),
is guilty of an offence.
(2) Any person who, directly or indirectly—
(a) gives or agrees or offers to give any gratification to any other person, whether for the benefit of that other person or the benefit of another person, as–
(i) an inducement to, personally or by influencing any other person so to act, [improperly] award a tender, in relation to a contract for performing any work, providing any service, supplying any article, material or substance or performing any other act, to a particular person; or
(ii) a reward for [acting or having acted] doing an act as contemplated in subparagraph (i).
(b) with the intent to obtain a tender in relation to a contract for performing any work, providing any service, supplying any article, material or substance or performing any other act, gives or agrees or offers to give any gratification to any person who has made a tender in relation to that contract, whether for the benefit of that tenderer or for the benefit any other person, as–
(i) an inducement to [improperly] withdraw; or
(ii) a reward for withdrawing or having withdrawn his or her tender;
(b) notwithstanding the acceptance of or offer to accept any gratification from any other person, gives any other person inside information in respect of a tender so as to 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,
is guilty of an offence.
Offences in respect of corrupt activities relating to auctions
12. (1) Any auctioneer who, directly or indirectly—
(a) accepts or agrees or offers to accept any gratification from any other person, whether for himself or herself or for the benefit of another person {as}—
(i) {an inducement to conduct} in return for conducting the bidding process at an auction in [such] a manner so as to favour or prejudice a specific person; or
(ii) as a reward for [acting or having acted] doing an act as contemplated in subparagraph (i); or
(b) gives or agrees or offers to give any gratification to any other person, whether for the benefit of that other person or for the benefit of another person {as}—
(i) {an inducement to improperly} in order to influence that person to–
(aa) refrain from bidding at an auction; or
(bb) participate, personally or by influencing any other person so to participate, at any auction in the bidding process [at an auction in such a manner] so as to get a specific offer for the article or to sell the article at a specific amount or to sell the article to a specific bidder;
(ii) as a reward for [acting or having acted] doing an act as contemplated in subparagraph (i),
is guilty of an offence.
(2) Any person who, directly or indirectly—
(a) accepts or agrees or offers to accept any gratification from any other person or an auctioneer, whether for himself or herself or for the benefit of another person {as}—
(i) {an inducement to improperly} in return for—
(aa) refraining from bidding at an auction; or
(bb) [participate] participating, personally or by influencing any other person so to participate, at an auction in the bidding process [in order] 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; or
(ii) as a reward for having acted as contemplated in subparagraph (i); or
(b) gives or agrees or offers to give any gratification to an auctioneer, whether for the benefit of that auctioneer for the benefit or of another person [as]—
(i) [an inducement] in order to influence that auctioneer to conduct the bidding process at an auction in such a manner so as to favour or prejudice a specific person; or
(ii) as a reward for [acting or having acted] doing an act as contemplated in subparagraph (i); or
(c) gives or agrees or offers to give any gratification to any other person, whether for the benefit of that other person or for the benefit of another person {as}—
(i) {an inducement to improperly} in return for—
(aa) refraining from bidding at an auction; or
(bb) [participate] participating, personally or by influencing any other person so to participate, at any auction in the bidding process [at an auction in such a manner] so as to get a specific offer for the article or to sell the article at a specific amount or to sell the article to a specific bidder; or
(ii) as a reward for [acting or having acted] doing an act as contemplated in subparagraph (i),
is guilty of an offence.
Offences in respect of corrupt activities relating to contracts
13. (1) Any person who, directly or indirectly–
(a) accepts or agrees or offers to accept any gratification from any other person, whether for the benefit of himself or herself or for the benefit of that other person or of another person; or
(b) gives or agrees or offers to give to any other person any gratification, whether for the benefit of that other person or for the benefit of another person,
as—
(i) an inducement for {improperly} giving assistance in or influencing, in any way–
(aa) the promotion, execution or procurement of any contract with a public body, private organisation, corporate body or any other organisation or institution; or
(bb) the fixing of the price, consideration or other moneys stipulated or otherwise provided for in any such contract; or
(ii) a reward for [acting or having acted] doing an act as contemplated in paragraph (a),
is guilty of an offence.
(2) Any public officer who, subject to subsection (3), acquires or holds a private interest in any contract, agreement or investment emanating from or connected with the public body in which he or she is employed or which is made on account of that public body, is guilty of an offence.
(3) Subsection (2) does not apply to a public officer—
(a) who acquires or holds such interest as a shareholder of a listed company;
(b) whose conditions of employment do not prohibit him or her from acquiring or holding such interest;
(c) whose conditions of employment do not prohibit him or her from acquiring or holding such interest and who acquires or holds such interest through an independent tender process.
Offences in respect of corrupt activities relating to sporting events
14. Any person who, directly or indirectly—
(a) accepts or agrees or offers to accept any gratification from any other person, whether for the benefit of himself or herself or for the benefit of that other person or of another person; or
(b) gives or agrees or offers to give to any other person any gratification, whether for the benefit of that other person or for the benefit of another person,
as—
(i) an inducement—
(aa) to {improperly} influence, in any way, the run of play or the outcome of a sporting event;
(bb) for not reporting the conduct contemplated in this section 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;
(cc) for engaging in any conduct which constitutes a threat to or undermines the integrity of any sporting event; or
(ii) [as] a reward for [acting or having acted] doing an act as contemplated in subparagraph (i); or
(c) carries into effect any scheme [in commerce] in order to improperly influence, in any way, the run of play or outcome of a sporting event,
is guilty of an offence.
Offences in respect of corrupt activities relating to gambling games or games of chance
15. Any person who, directly or indirectly—
(a) accepts or agrees or offers to accept any gratification from any other person, whether for the benefit of himself or herself or for the benefit of that other person or of another person; or
(b) gives or agrees or offers to give to any other person any gratification, whether for the benefit of that other person or for the benefit of another person,
as—
(i) an inducement to improperly influence, in any way, the outcome of a gambling game or a game of chance;
(ii) a reward for so 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 improperly influence, in any way, the outcome of a gambling game or a game of chance,
is guilty of an offence.
[Offences in respect of corrupt activities relating to acquisition of private interest in contract, agreement or investment of public body
16. (1) Any public officer who, subject to subsection (2), acquires or holds a private interest in any contract, agreement or investment emanating from or connected with the public body in which he or she is employed or which is made on account of the public body, is guilty of an offence.
(2) Subsection (1) does not apply to a public officer—
(a) who acquires or holds such interest as a shareholder of a listed company;
(b) whose conditions of employment do not prohibit him or her from acquiring or holding such interest.]
Offences in respect of corrupt activities relating to disclosure of information for gratification
[17]16. Any person who, directly or indirectly—
(a) accepts or agrees or offers to accept any gratification from any other person, whether for the benefit of himself or herself or for the benefit of that other person or of another person; or
(b) gives or agrees or offers to give to any other person any gratification, whether for the benefit of that other person or for the benefit of another person,
as—
(i) an inducement to personally, or by influencing another person so to act, disclose or obtain, in any way, any information to or from any other person in violation of a legal duty, prescript, employment relationship or legal proceedings;
(ii) as a reward for disclosing or having disclosed or for obtaining or having obtained the information as contemplated in subparagraph (i),
is guilty of an offence.
[Offences in respect of corrupt activities relating to acceptance and giving of gratification
18. Any person who—
(a) demand, solicit, receive or, in any manner whatsoever, obtain, or offer or promise to receive or obtain any gratification under the circumstances and in the manner contemplated in sections ---; or
(b) lend, grant, confer, procure or offer or promise to lend, grant, confer or procure any gratification under the circumstances and in the manner contemplated in sections---,
is guilty of an offence.]
Part 4: Other offences
Accessory to or after an offence
[19]17. Any person who, knowing that property or any part thereof forms part of any gratification which is the subject of an offence in terms of Part 1, 2 or 3 of this Chapter, 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 such property or any part thereof; or
(b) uses or causes to be used, or holds, receives or conceals such property or any part thereof,
is guilty of an offence.
Intentional interference with, hindering or obstruction of investigation of offence
[20]18. Any person who, at any stage, with intent to defraud or to conceal an offence in terms of this [Act] Chapter 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 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.
Attempt, conspiracy and inducing another person to commit offence
[21]19. Any person who—
(a) attempts;
(b) conspires with any other person;
(c) aids, abets, induces, incites, instigates, instructs or commands another person,
to commit an offence in terms of this Act, is guilty of an offence.
[Accused person may not be charged on same facts and circumstances
21A. Nothing in this Chapter contained shall be construed as allowing a person to be charged with and convicted of committing different offences arising from the same facts and circumstances: Provided that, if by reason of any uncertainty as to the facts which can be proved or if for any other reason it is doubtful which of several offences is constituted by the facts which can be proved, the accused may be charged with the commission of all or any of such offences, and any number of such charges may be tried at once, or the accused may be charged in the alternative with the commission of any number of such offences.]
Part 5: Authorisation to institute proceedings in respect of certain offences
Authorisation by National Director, Deputy National Director or Director to institute proceedings in respect of certain offences
[22]20. The institution of a prosecution for an offence referred to in section 13(2), 25(7), or 31(2), must be authorised by the National Director of Public Prosecutions, a Deputy National Director of Public Prosecutions or the Director of Public Prosecutions concerned and only after the person concerned has been afforded a reasonable opportunity by the investigating or prosecuting authority, as the case may be, to explain, whether personally or through a legal representative–
(a) in the case of section [16] 13(2), how he or she acquired the private interest concerned;
(b) in the case of section [26(4)] 25(7)(b), how he or she acquired the property or resources concerned; or
(c) in the case of section [27(2)] 31(2), why he or she failed to report in terms of section [27(1)] 31(2).
CHAPTER 3
PRESUMPTIONS AND DEFENCES
Presumptions
[22]21. (1) Whenever a person is charged with an offence under Part 1 or 2 of Chapter 2, proof that that person, or someone else at the instance of that person–
(a) accepted or agreed or offered to accept any gratification from; or
(b) gave or agreed or offered to give any gratification to,
any other person–
(i) [holding or seeking] who holds or seeks 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;
(ii) 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
(iii) [acting] who acts on behalf of a person contemplated in subparagraph (i) or (ii),
[is,] and 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 or the giving or agreement to give or offer to give the gratification to any lawful [motive] reason on the part of the person charged, and in the absence of evidence to the contrary which raises reasonable doubt, is sufficient evidence that the person charged accepted or agreed or offered to accept such gratification from that person or gave or agreed or offered to give such gratification to that person in order to do an act {personally or by influencing another person so to do an act, in a manner or under circumstances—
(aa) which are illegal, incomplete, contrived or biased and adversely affect, or could adversely affect, the honest exercise, carrying out or performance of any person's powers, duties or functions;
(bb) [that is] which are unacceptable according to the normal standards of moral, social or professional behaviour;
(cc) which amount to—
(aaa) the abuse of a position of authority;
(bbb) a breach of trust;
(ccc) the misuse or selling of information or material acquired in the course of the exercise, carrying out or performance of a power, duty or function;
(ddd) the violation of a legal duty or a set of rules;
(dd) which are designed to achieve an unjustified result;
(ee) where, in the case of paragraph (a), that person is not authorised to accept or agree or offer to accept any such gratification from any other person; or
(ff) which amount to any other improper inducement to do anything}, as contemplated in the relevant section referred to in Part 1 or 2 of Chapter 2.
(2) [Without derogating from the provisions of subsection (1), where] Whenever a public officer whose duties include the detection, investigation, prosecution or punishment of offenders, is charged with [the offence under section 4(1)(a),] an offence involving the {unlawful} acceptance of a gratification and arising from—
(a) the arrest, detention, investigation or prosecution of any person for an alleged offence;
(b) the omission to arrest, detain or prosecute any person for an alleged offence;
(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) or any other offence had been committed.
[(3) Whenever a public officer in a public body is charged with an offence under Chapter 2, proof that he or she has made a decision or taken action in relation to any matter in which he or she 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 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, agreement or offer to accept the gratification to any lawful motive on the part of that public officer.]
Defences
23. Whenever an accused person is charged with an offence under [Chapter 2, and it is proved that he or she accepted, or agreed or offered to accept, or gave or agreed or offered to give any gratification, and having knowledge that the gratification was so given, accepted or offered in order to act or for acting or for having acted, personally or by influencing another person so to act, in a manner —
(a) that adversely affects, or could adversely affect, the honest exercise or performance of a person's powers, duties or functions;
(b) that is unacceptable according to the normal standards of moral, social or professional behaviour;
(c) that amounts to—
(i) the illegal, dishonest, incomplete or biased exercise or performance of any person's powers, duties or functions;
(ii) a breach of trust;
(iii) the misuse of information or material acquired in the course of the exercise or performance of a power, duty or function;
(iv) the violation of a legal duty or a set of rules; or
(d) designed to achieve an unjustified result; or
(e) that amounts to any other improper inducement to do or not to do anything,] Part 1, Part 2 or section 11, 12, 13, 14, 15 or 17, it is not a valid defence for that accused person 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, accepted or offered;
(b) accepted or agreed or offered to accept, or gave or agreed or offer to give the gratification without intending to perform or not to perform the act in relation to which the gratification was given, accepted or offered; or
(c) failed to perform or not to perform the act in relation to which the gratification was given, accepted or offered.
CHAPTER 4
PENALTIES AND RELATED MATTERS
Penalties
24. (1) Any person who is convicted of an offence referred to in–
(a) Part 1, Part 2 or section 11, 12, 13, 14, 15 or 17, is liable—
(i) in the case of a sentence to be imposed by a High Court, to a fine or to imprisonment up to a period for 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] 18 years;
(iii) in the case of a sentence to be imposed by a magistrate's court, to a fine or to imprisonment for a period not exceeding 5 years;
(b) section 13(2) or 27(7)(b), 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] 10 years;
(ii) in the case of a sentence to be imposed by a magistrate's court, to a fine or to imprisonment for a period not exceeding three years
(2) A person convicted of an offence referred to in section [21] 19, 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) In addition to any fine a court may impose in terms of subsection (1) or (2), the court may impose a fine equal to five times the value of the gratification involved in the offence.
Endorsement of Register
[24A]25. (1) (a) A court convicting a person of an offence contemplated in section 11 or 13, may, in addition to imposing any sentence contemplated in section, issue an order that—
(i) the particulars of [that] the convicted person;
(ii) the conviction and sentence; and
(iii) any other order of the court consequent thereupon,
be endorsed on the Register.
(b) If the person so convicted is an enterprise, the court may also issue an order that—
(i) the particulars of that enterprise;
(ii) the particulars of any partner, manager, director or other person, who wholly or partly exercises or may exercise control over that enterprise and who was involved {participated} in the offence concerned or who knows or suspected or ought reasonably to have known or suspected that the enterprise committed the offence concerned; and
(iii) the conviction, sentence and any other order of the court consequent thereupon,
be endorsed on the Register.
(c) The court may also issue an order contemplated in paragraph (a) in respect of [any]—
(i) any other enterprise of the person so convicted; or
(ii) the particulars of any partner, manager, director or other person, who wholly or partly exercises or may exercise control over such other enterprise,
and which–
(aa) enterprise, partner, manager, director or other person was involved {participated} in the offence concerned; or
(bb) partner, manager, director or other person ought to have known that such other enterprise was involved {participated} in the offence concerned [with which enterprise or person the person so convicted is or was, in the opinion of the court, actively associated].
(d) Whenever the Register is endorsed as contemplated in paragraph (a), (b) or (c), the endorsement applies, unless the court directs otherwise, [applies] to—
(i) every other enterprise wholly or partly controlled or owned by the person or enterprise so convicted; or
(ii) every enterprise to be established in the future, and which enterprise will be wholly or partly controlled or owned by the person or enterprise so convicted,
and the Registrar must, in respect of every such enterprise, endorse the Register accordingly.
[(2) The making of an endorsement in terms of subsection (1) may be postponed by the court issuing the order until any appeal against the conviction or sentence or both has been disposed of.]
(2) Where a court has issued an order under subsection (1), the registrar or clerk of such court must forthwith [notify] forward the court order to the Registrar [of the Register in writing thereof] and the Registrar must forthwith endorse the Register accordingly.
(3) (a) Where the Register has been endorsed in terms of subsection (3), the National Treasury may or must, as the case may be, in addition to any other legal action it may take, {and in consultation with the,} impose the following restrictions:
(i) It may terminate any agreement with the person or enterprise referred to in subsection 1(a) or (b): Provided that—
(aa) in considering the termination of an agreement, the National Treasury must take into account, among others, the following factors, namely—
(aaa) whether extreme costs will follow such termination;
(bbb) the extent and duration of the agreement concerned;
(ccc) whether it is likely to conclude a similar agreement with another person or enterprise within a specific time frame;
(ddd) the urgency of the services to be delivered or supplied in terms of the agreement; and
(eee) any other factor which, in the opinion of the National Treasury, may impact on the termination of the agreement;
(bb) if that agreement involves any purchasing authority or Government Department [or Provincial Tender Board], such restriction may only be imposed after consultation with the purchasing authority or Government Department [or Provincial Tender Board] concerned;
(ii) it must resolve that no offer in respect of any agreement from a person or enterprise referred to in subsection 1(a), (b), (c) or (d) may be considered during a period determined by the National Treasury: Provided that such period may not be less than five years or exceed 10 years;
(iii) during the period determined in subparagraph (ii), the National Treasury, the purchasing authority or any Government Department must ignore any offer tendered by a person or enterprise referred to in subsection (1)(a), (b), (c) or (d); or
(iv) it must disqualify any person or enterprise referred to subsection (1)(a), (b) or (c), from making any offer or obtaining any agreement relating to the procurement of a specific supply or service.
(b) A restriction imposed under paragraph (a) only comes into effect after any appeal against the conviction or sentence or both has been dismissed by the court: Provided that if the appeal court dismisses the appeal, but set aside, vary or amend the order referred to in subsection (1), the National Treasury must, if necessary, amend the restrictions imposed under paragraph (a) accordingly.
(c) Where the National Treasury has terminated an agreement in terms of paragraph (a)(i), it may, in addition to any other legal remedy, recover from the person or enterprise any damages—
(i) incurred or sustained by the State as a result of the tender process or the conclusion of the agreement;
(ii) which the State may suffer by having to make less favourable arrangements thereafter.
(e) A restriction imposed under paragraph (a)(ii), (iii) or (iv) applies to any Government Department or purchasing authority determined by the National Treasury.
(5) The restrictions envisaged in subsection (4)(a) may be imposed by the National Treasury in respect of any offer or agreement involving any purchasing authority or Government Department.
(6) the National Treasury may at any time vary or rescind any restriction imposed under subsection (4)(a).
(7) When the National Treasury imposes a restriction under subsection (4)(a)(i) [or (ii)] or amends or rescinds such a restriction, it must within 14 days in writing notify—
(a) the person whose particulars have been so endorsed;
(b) any purchasing authority on which it may decide; and
(c) all Government departments,
of any resolution or decision relative to such restriction or the amendment or rescindment thereof, and request such authorities departments to take similar steps.
(8) (a) No exemption, condonation, settlement or amendment which may be to the prejudice of the State may be granted, negotiated or made under this section without the prior approval of the National Treasury.
(b) Any approval referred to in paragraph (a) may be granted in respect of a specific offer or agreement or in respect of two or more or all offers or agreements entered into for the procurement of a specific supply or service.
(9) (a) Any person whose particulars, conviction and sentence have been endorsed on the Register as contemplated in this section and who has been notified as contemplated in subsection (7)(a), must in any subsequent agreement or tender process involving the State, disclose such endorsement, conviction and sentence.
(b) Any person who fails to comply with paragraph (a), is guilty of an offence.
(10) For purposes of this section—
(a) "agreement" includes an agreement to procure and supply services, to arrange the hiring or letting of anything or the acquisition or granting of any right for or on behalf of the State;
(b) "enterprise" includes any individual, partnership, corporation, association, or other juristic person or legal entity, and any union or group of individuals associated in fact, although not a juristic person or legal entity;
(c) "person", in respect of any restriction, includes an employee or agent of such person;
(d) "Registrar" means the Registrar of the [National] Central Corruption Register [appointed] designated under section 27;
(e) "Register" means the [National] Central Corruption Register established under section 28.
CHAPTER 5
INVESTIGATIONS REGARDING POSSESSION OF PROPERTY RELATING TO CORRUPT ACTIVITIES
Investigation regarding property relating to corrupt activities
26. (1) Whenever the National Director has reason to suspect that there may be in any building, receptacle or place, or in the possession, custody or control of any person any property which–
(a) may have been used in the commission, or for the purpose of or in connection with the commission, of an offence under this Act; or
(b) may have facilitated the commission of an offence under this Act, or enabled any person or entity to commit such an offence, or provided financial or economic support to a person or entity in the commission of such an offence; or
(c) may be the proceeds of an offence committed under this Act,
he or she may, prior to the institution of any civil or criminal proceeding, under written authority direct that a particular Director of Public Prosecutions or a Special Director of Public Prosecutions, shall have the power to institute an investigation in terms of the provisions of Chapter 5 of the National Prosecuting Authority Act, 1998(Act No. 32 of 1998), relating to such property.
(2) For purposes of subsection (1), a reference in the said Chapter 5 to—
(a) the "head of the Directorate of Special Operations" or an "Investigating Director" shall be construed as a reference to a Director of Public Prosecutions or a Special Director of Public Prosecutions, as the case may be: Provided that for purposes of section 28(2)(a) of the said Act, a Director of Public Prosecutions or Special Director of Public Prosecutions, may only designate a Deputy Director of Public Prosecutions;
(b) a "special investigator" shall be construed as to include a "police officer".
(3) If property seized under any power exercised under subsection (1) consists of cash or funds standing to the credit of a bank account, the Director of Public Prosecutions or a Special Director of Public Prosecutions who has instituted the investigation under that subsection shall cause the cash or funds to be paid into a banking account which shall be opened with any bank as defined in section 1 of the Banks Act, 1990 (Act 94 of 1990), and the Director of Public Prosecutions or a Special Director of Public Prosecutions shall forthwith report to the Financial Intelligence Centre the fact of the seizure of the cash or funds and the opening of the account.
Application for, and issuing of investigating direction in respect of possession of property relating to corrupt activities
[26]27. (1) The National Director, 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 in terms of subsection (3).
(2) An application referred to in subsection (1) must be in writing and must—
(a) indicate the identity of the—
(i) applicant and, if known, the identity of the person who will conduct the investigation; and
(ii) person to be investigated (hereinafter referred to as the suspect);
(b) specify the grounds referred to in subsection (3) on which the application is made;
(c) contain full particulars of all the facts and circumstances alleged by the applicant in support of his or her application;
(d) include the basis for believing that evidence relating to the ground on which the application is made will be obtained through the investigation direction;
(e) indicate whether any previous application has been made for the issuing of an investigation direction in respect of the same suspect in the application and, if such previous application exists, must indicate the current status of that application; and
(f) indicate the period for which the investigation is required.
(3) (a) A judge or regional magistrate in chambers may upon an application made to him or her in terms of subsection (1), issue an investigation direction.
(b) An investigating direction may only be issued if the judge or regional magistrate concerned is satisfied that—
(i) there has been compliance with the provisions of subsection (2); and
(ii) on the facts alleged in the application concerned—
(aa) [in his or her opinion] there is sufficient evidence that any person–
(aaa) maintains a standard of living above that which is commensurate with his or her present or past known sources of income or assets; or
(bbb) 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
(bb) [he or she has] there are reasonable grounds to [suspect] believe that that person maintains such a standard of living through the commission of corrupt activities or the proceeds of unlawful activities or that such pecuniary resources or properties are instrumentalities of corrupt activities or the proceeds of unlawful activities; and
(ccc) an investigation contemplated in subsection (1) is reasonably necessary in the interests of justice; and
(ddd) such investigation is likely to reveal information, documents or things which may afford proof that such a standard of living is maintained through the commission of corrupt activities or the proceeds of unlawful activities or that such pecuniary resources or properties are instrumentalities of corrupt activities or the proceeds of unlawful activities.
(c) An investigation direction—
(i) must be in writing;
(ii) must indicate the identity of the [person to be investigated] suspect and, if known, the person who will conduct the investigation;
(iii) must specify the period for which it has been issued;
(iv) may specify conditions of restriction relating to the conducting of the investigation.
(d) An application must be considered and an investigation direction issued without any notice to the [person] suspect to whom the application applies and without hearing [such person] that suspect.
(d) A judge or regional magistrate considering an application may require the applicant to furnish such further information as he or she deems necessary.
(4) If an investigation direction has been issued under subsection (3), the National Director or the person authorised thereto in the investigation direction, may, for the purposes of an investigation direction—
(a) summon the suspect or any other person, specified in the investigation direction, who is believed to be able to furnish any information on the subject of the investigation or to have in his or her possession or under his or her control any property, book, document or other object relating to that subject, to appear before the National Director or the person so authorised, at a time and place specified in the summons, to be questioned or to produce that property, book, document or other object;
(b) question that suspect or other person, under oath or affirmation administered by the National Director or the person so authorised, and examine or retain for further examination or for safe custody such property, book, document or other object;
(c) at any reasonable time and without prior notice or with such notice as he or she may deem appropriate, enter any premises where the suspect is or is suspected to be or any premises on or in which anything connected with that investigation is or is suspected to be, and may—
(i) inspect and search those premises, and there make such enquiries as he or she may deem necessary;
(ii) examine any property found on or in the premises which has a bearing or might have a bearing on the investigation in question, and request from the suspect or the owner or person in charge of the premises or from any person in whose possession or charge that property is, information regarding that property;
(iii) make copies of or take extracts from any book or document found on or in the premises which has a bearing or might have a bearing on the investigation in question, and request from any person suspected of having the necessary information, an explanation of any entry therein;
(iv) seize, against the issue of a receipt, anything on or in the premises which has a bearing or might have a bearing on the investigation in question, or if he or she wishes to retain it for further examination or for safe custody:
Provided that any person from whom a book or document has been taken under paragraph (b) or (c)(iv), may, as long as it is in the possession of the person conducting the investigation, at his or her request be allowed, at his or her own expense and under the supervision of the person conducting the investigation, to make copies thereof or to take extracts therefrom at any reasonable time.
(5) (a) The law regarding privilege as applicable to a witness summoned to give evidence in a criminal case in a magistrate's court shall apply in relation to the questioning of a suspect or any person referred to in subsection (4): Provided that such a person shall not be entitled to refuse to answer any question upon the ground that the answer would tend to expose him or her to a criminal charge.
(b) No evidence regarding any questions and answers contemplated in paragraph (a) shall be admissible in any criminal proceedings, except in criminal proceedings where the person concerned stands trial on a charge contemplated in subsection (7) (b), or in section 319 (3) of the Criminal Procedure Act, 1955 (Act 56 of 1955).
(6) Subject to any directions, conditions or restrictions determined by the judge or regional magistrate under subsection (3)(c)(iv), the provisions of sections 28(1)(d), (2) to (10) and 29(2), (7)(a), (9), (10)(b) and (11) of the National Prosecuting Authority Act, 1998(Act No. 32 of 1998), relating to the conducting of and investigation and the execution of a warrant in terms of those provisions, apply, with the necessary changes, in respect of an investigation conducted in terms of subsection (4).
(7) Any person who–
(a) obstructs or hinders the person conducting the investigation or any other person in the performance of his or her functions in terms of this section; or
(b) when he or she is asked in terms of subsection (4) for information or an explanation relating to a matter within his or her knowledge, refuses or fails to give that information or explanation or gives information or an explanation which is false or misleading, knowing it to be false or misleading,
shall be guilty of an offence.
(8) For purposes of this section an "investigation direction" means a direction issued under subsection (3) authorising an investigation contemplated in subsection (4) at any place in the Republic.
CHAPTER 6
CENTRAL CORRUPTION REGISTER
Establishment of Central Corruption Register
28. Within six months after the commencement of this Chapter, the Minister of Finance must establish a register, to be known as the Central Corruption Register, within the Office of [the Board] the National Treasury.
[Appointment] Designation of Registrar
29. The [Board] Director General of Finance must, in consultation with the Minister of Finance, [appoint] designate a fit and proper person, with due regard to his or her experience, conscientiousness and integrity, as Registrar [of the Register].
Powers, duties and functions of Registrar
30. (1) The Registrar must, subject to the provisions of section 24A and this Chapter, exercise and perform his or her powers, duties and functions subject to the control and directions of [the Board] the National Treasury.
(2) The Registrar must—
(a) maintain the Register;
(b) manage the Office of the [Register]Registrar;
(c) carry out the duties and perform the functions assigned to him or her by section 24A, this Chapter or [the Board] the National Treasury or any other law.
Access to Register
31. The Registrar must made adequate provision to ensure that the Register is open to the public.
Regulations pertaining to Register
32. (1) The Minister of Finance may make regulations relating to—
[(a) the nomination and selection of candidates for appointment as Registrar;
(b) the appointment, conditions of service, remuneration and other service benefits of the Registrar;
(c) the duties and functions to be performed by the Registrar;]
(d) the appointment, conditions of service, remuneration, other service benefits and the security clearance of staff of the Office of the Registrar;]
(a) the maintenance and management of the Register, the particulars to be entered in such [registers] Register, the manner in which such particulars must be recorded and the period for which the information in the Register must be retained;
(b) [the disclosure] access to information contained in the Register;
(c) the safe-keeping and disposal of records;
(d) any other matter which the Minister may consider necessary to prescribe in order to achieve the objects of section 24A and this Chapter.
(2) Regulations made in terms of subsection (1) may, in respect of any contravention thereof or failure to comply therewith, prescribe as a penalty a fine or imprisonment for a period not exceeding 12 months.
CHAPTER 7
MISCELLANEOUS MATTERS
Duty to report corrupt transactions
[27]33. (1) Any person who—
(a) has reason to suspect that any other person intends to commit or has committed an offence referred to in this Act; or
(b) is aware of the presence at any place of any other person who is so suspected of intending to commit or having committed such an offence,
must report such suspicion or presence of that person at any place or cause such suspicion or presence, or both, to be reported to any member of the police.
(2) Any person who, after the date of publication contemplated in subsection (3)(b), fails to comply with subsection (1), is guilty of an offence.
(3) (a) Upon receipt of a report referred to in subsection (1), the member of the police concerned, must take down the report in [writing] the manner directed by the National Commissioner of the South African Police Service, and forthwith provide the person who made the report with an acknowledgment of receipt of such report.
(b) The National Commissioner of the South African Police must within three months of the commencement of this Act publish the directions contemplated in paragraph (a) in the Gazette.
(c) Any direction issued under paragraph (b), must be tabled in Parliament 30 days before publication thereof in the Gazette, if Parliament is then in session.
(d) If Parliament is not in session as contemplated in paragraph (c), the directions must be submitted to the Speaker of Parliament 30 days before publication thereof in the Gazette.
Extraterritorial jurisdiction
[28]34. (1) Even if the act or omission alleged to constitute an offence [in terms of] under this Act occurred [wholly] outside the Republic, a court of the Republic shall, regardless of whether or not the act or omission constitutes an offence at the place of its commission or omission, have jurisdiction in respect of that offence if the person to be charged—
(a) is a citizen of the Republic;
(b) is ordinarily resident in the Republic;
(c) was arrested in the territory of the Republic, or in its territorial waters or on board a ship or aircraft registered or required to be registered in the Republic at the time the offence was committed;
(d) is a company, incorporated or registered as such under any law, in the Republic; or
(e) any body of persons, corporate or unincorporated, in the Republic.
(2) Any act or omission alleged to constitute an offence under this Act and which is committed or omitted outside the Republic by a person who at the time of the act was a foreigner, shall, regardless of whether or not the act or omission constitutes an offence or not at the place of its commission or omission, be deemed to have been committed also in the Republic if that—
(a) act or omission affects or is intended to affect a 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) Any offence committed in a country outside the Republic as contemplated in subsection (1) or (2), is, [deemed to have been committed in the Republic, and] for the purpose of determining the jurisdiction of a court to try the offence, deemed to have been committed—
(a) at the place where the accused is ordinarily resident;
(b) at the accused person's principal place of business.
(4) 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
29. (1) 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.
OPTION 1
(2) Subsection (1) shall be construed as if the repeal of the common law crime of bribery by the said section 4 of the Corruption Act, 1992, had not been effected: Provided that a person also commits the common law crime of bribery if that person–
(a) offers or gives to an employee in any employment relationship, including in the private sector; or
(b) being such an employee, receives from any other person,
any unauthorised consideration in respect of such employee doing, or abstaining from or having done or abstained from, any act in the exercise, carrying out or performance of his or her powers, duties or functions relating to such employment relationship.
OPTION 2
(2) For purposes of subsection (1) a person commits the common law crime of bribery if that person–
(a) offers or gives to an official of the state; or
(b) being an official of the state, receive from any other person,
any unauthorised consideration in respect of such official doing, or abstaining from or having done or abstained from, any act in the exercise, carrying out or performance of his or her official powers, duties or functions.]
Repeal and amendment of laws, and savings
[30]35. (1) The laws specified in the Schedule are repealed or amended to the extent indicated in that Schedule.
(2) All criminal proceedings which immediately prior to 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 have not been concluded before the commencement of this Act, shall be continued and concluded, in all respects as if this Act had not been passed.
(3) An investigation, or prosecution or other legal proceedings, in respect of conduct which would have constituted an offence under the Corruption Act, 1992, and which occurred after the commencement of that Act but before the commencement of this Act, may be instituted and continued as if this Act had not been passed.
(4) Notwithstanding the repeal or amendment of any provision of any law by this Act, such provision shall, for the purpose of the disposal of any criminal proceedings, investigation, prosecution or legal proceedings contemplated in subsection (2) or (3), remain in force as if such provision had not been repealed or amended.
Short title and commencement
[31]36. This Act is called the Prevention of Corrupt Activities Act, 2004, and shall come into operation on 27 April 2004 or on such earlier date as the President may determine by proclamation in the Gazette.
SCHEDULE
LAWS REPEALED OR AMENDED BY SECTION 33
|
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 substitution of the offence "bribery" for the following offence: "an offence referred to in Chapter 2 of the Prevention of Corrupt Activities Act, 2004.". |
|
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), the Corruption Act, 1992, Chapter 2 of the Prevention of Corrupt Activities Act, 2004, 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 an offence under Chapter 2 of the Prevention of Corrupt Activities Act, 2004, does not prove the offence so charged but proves the offence of— (a) theft; (b) fraud; or (c) extortion, the accused may be found guilty of the crime or offence so proved.".
|
|
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), the Corruption Act, 1992, Chapter 2 of the Prevention of Corrupt Activities Act, 2004, 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, any offence under the Prevention of Corruption Act, 1958 (Act 6 of 1958), the Corruption Act, 1992, Chapter 2 of the Prevention of Corrupt Activities Act, 2004, 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 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), the Corruption Act, 1992, Chapter 2 of the Prevention of Corrupt Activities Act, 2004, 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] any offence under the Prevention of Corruption Act, 1958 (Act 6 of 1958), the Corruption Act, 1992, Chapter 2 of the Prevention of Corrupt Activities Act, 2004, 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] any offence under the Prevention of Corruption Act, 1958 (Act 6 No. of 1958), Corruption Act, 1992(Act No. 94 of 1992), Chapter 2 of the Prevention of Corrupt Activities Act, 2004, 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] any offence under the Prevention of Corruption Act, 1958 (Act 6 of 1958), the Corruption Act, 1992, Chapter 2 of the Prevention of Corrupt Activities Act, 2004, 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 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, any offence under the Prevention of Corruption Act, 1958 (Act 6 of 1958), the Corruption Act, 1992, Chapter 2 of the Prevention of Corrupt Activities Act, 2004, 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 Prevention of Corruption Act, 1958 (Act 6 of 1958), the Corruption Act, 1992 (Act 94 of 1992), Chapter 2 of the Prevention of Corrupt Activities Act, 2004, or". |
|
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] any offence under the Prevention of Corruption Act, 1958 (Act 6 of 1958), the Corruption Act, 1992 (Act 94 of 1992), Chapter 2 of the Prevention of Corrupt Activities Act, 2004, 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)] any offence under the Prevention of Corruption Act, 1958 (Act 6 of 1958), the Corruption Act, 1992, or Chapter 2 of the Prevention of Corrupt Activities Act, 2004;". |
|
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)] any offence under the Prevention of Corruption Act, 1958 (Act 6 of 1958),the Corruption Act, 1992, or Chapter 2 of the Prevention of Corrupt Activities Act, 2004 or any offence involving dishonesty; |
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|
|
(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 Prevention of Corruption Act, 1958 (Act 6 of 1958),the Corruption Act, 1992, Chapter 2 of the Prevention of Corrupt Activities Act, 2004, 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 Prevention of Corruption Act, 1958 (Act 6 of 1958),the Corruption Act, 1992, Chapter 2 of the Prevention of Corrupt Activities Act, 2004, 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 Prevention of Corruption Act, 1958 (Act 6 of 1958),the Corruption Act, 1992, Chapter 2 of the Prevention of Corrupt Activities Act, 2004, or any offence involving dishonesty.". |
|
Act 105 of 1997 |
Criminal Law Amendment Act |
1. Section 51 is hereby amended by the addition of the following subsection: "(9) The amounts mentioned in respect of the offences referred to in PART II of Schedule 2 to the Act, may be adjusted by the Minister from time to time by notice in the Gazette.
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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 any offence in terms of the Prevention of Corruption Act, 1958 (Act 6 of 1958),the Corruption Act, 1992(Act 94 of 1992), Chapter 2 of the Prevention of Corrupt Activities Act, 2004, the Companies Act, 1973, or of contravening this Act;". |
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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 Prevention of Corruption Act, 1958 (Act 6 of 1958) the Corruption Act, 1992 (Act 94 of 1992), Chapter 2 of the Prevention of Corrupt Activities Act, 2004 or any other offence involving dishonesty; or". |
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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. Any offence contemplated in Chapter 2 of the Prevention of Corrupt Activities Act, 2004 ;". |
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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 Prevention of Corruption Act, 1958 (Act 6 of 1958), the Corruption Act, 1992 (Act 94 of 1992), Chapter 2 of the Prevention of Corrupt Activities Act, 2004, or any offence involving dishonesty, and has been sentenced therefor to imprisonment without the option of a fine.". |
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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 Prevention of Corruption Act, 1958 (Act 6 of 1958) the Corruption Act, 1992 (Act 94 of 1992), Chapter 2 of the Prevention of Corrupt Activities Act, 2004, or any other offence involving dishonesty;". |
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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, an offence in terms of the Prevention of Corruption Act, 1958 (Act 6 of 1958) the Corruption Act, 1992 (Act 94 of 1992), Chapter 2 of the Prevention of Corrupt Activities Act, 2004,;". |
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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 an offence in terms of the Prevention of Corruption Act, 1958 (Act 6 of 1958) the Corruption Act, 1992 (Act 94 of 1992), Chapter 2 of the Prevention of Corrupt Activities Act, 2004 the Companies Act, 1973 (Act 61 of 1973), or this Act;". |
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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 Prevention of Corruption Act, 1958 (Act 6 of 1958) the Corruption Act, 1992 (Act 94 of 1992), Chapter 2 of the Prevention of Corrupt Activities Act, 2004, or any other offence involving dishonesty; or". |
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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, an offence in terms of the Prevention of Corruption Act, 1958 (Act 6 of 1958) the Corruption Act, 1992 (Act 94 of 1992), Chapter 2 of the Prevention of Corrupt Activities Act, 2004, or Companies Act, 1973 (Act 61 of 1973), or of contravening this Act;". |
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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 Prevention of Corruption Act, 1958 (Act 6 of 1958), the Corruption Act, 1992 (Act 94 of 1992), Chapter 2 of the Prevention of Corrupt Activities Act, 2004,or any other offence involving dishonesty;". |
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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 Prevention of Corruption Act, 1958 (Act 6 of 1958), the Corruption Act, 1992 (Act 94 of 1992)] Chapter 2 of the Prevention of Corrupt Activities Act, 2004,;". |