In terms of clause 2 (1) a person is regarded as having knowledge of a fact if

This provision is in line with section 1(2) of the Prevention of Organised Crime Act, 1998, (Act 21 of 1998). The provision intends dealing with the "intention" element of the offences set out in clauses 5(3) and 6(1). The intention of paragraph (b) is to make it clear that "foresight" is a sufficient form of 'intention"

On the recommendation of the Portfolio Committee on Justice and Constitutional Development, these two general clauses in the Bill are being redrafted by the drafters so that the word "corruptly" is not used overtly but instead the definition of "corruptly" are directly built into these clauses. The two general clauses, Clauses 3 and 4, deal with the general offences of corruptly accepting gratification and corruptly giving gratification.

This clause deals with the sentencing of a person convicted of an offence in terms of subsection (1). Such a person is liable to fine or to imprisonment for a period not exceeding 15 years.

Presently, section 3 of the Corruption Act of 1992 provides that any person, who is convicted of an offence referred to in section 1, shall be liable to any penalty within the punitive jurisdiction of the court concerned. The effect of this provision is that a magistrate's court may only impose 3 years imprisonment, a regional court 10 years imprisonment and the High Court has unlimited jurisdiction. The opinion is held that our courts are not regarding the offence of corruption in a very serious light.

Clause 7(1) creates an offence in respect of corrupt practices relating to tenders.

In terms of subsection (1).

A person is guilty of an offence if that person corruptly, directly or indirectly:

It was recommended that the definition of "public body" should follow the definition of "public body" as contained in section 1 of the Promotion of Access to

Information Act, 2000 (Act 2 of 2000) so that all public bodies are covered. In terms of this section, "public body" means:

• Exercising a power or performing a duty in terms of the Constitution or a provincial Constitution.
• Exercising a public power or performing a public function in terms of any legislation.

Clause 8(1) creates the offence of bribery of public officers. It is an offence for any person to give or agree to give to any public officer, or being a public officer, to accept or agree to accept any gratification as an inducement to or as a reward for that public officer performing or not performing certain acts prescribed in paragraphs (a) to (f).

The definition of "public officer" means "any person who is a member, an officer, an employee or servant of a public body, and includes:

Clause 9 creates offences in respect of corrupt practices relating to witnesses. Clause 9(1) provides that it is an offence for any person to give or agree to give any gratification to any person with the intent to influence the testimony of a witness in a trial, hearing, or other proceeding, or to influence any person to absent himself or herself there from or to withhold true testimony.

Clause 10(1) creates an offence in respect of the bribery of foreign officials. This

clause emanates from the Convention on Combating Bribery of Foreign Public

Officials in International Business Transactions, adopted by the Organisation for

Economic Cooperation and Development (OECD) Member countries on 21

November 1997.

In terms of clause 12(1) a person, inter alia, commits an offence if he or she corruptly gives or agrees to give any gratification to any other person as an inducement to or reward for giving or having given assistance or using or having used influence in, amongst others, the procuring of any contract with a public body, private organisation, corporate body or other organisation or institution. See also clause 12(3) for the offence of accepting gratification for giving assistance in regard to contracts.

Clause 13(1) creates an offence in respect of a public officer who corruptly uses his or her office or position in a public body in order to obtain any gratification for himself, herself or any other person. A maximum penalty of 7 years' imprisonment is prescribed.

Clause 13(3) contains a presumption in terms of which proof that a public officer has made a decision or taken any action in relation to any matter in which he or she, or any relative or associate of his or her, has an interest (whether directly or indirectly) is in the absence of evidence to the contrary which raises reasonable doubt, sufficient evidence that the public officer has corruptly used his or her office or position in the public body in order to obtain a gratification. A further requirement for the presumption to come into operation is that the State must show that despite having taken reasonable steps, it was not able to link the acceptance of or agreement to accept the gratification to any lawful motive on the part of the public official.

Clause 14 creates the offence of corruption in relation to sporting events. In terms of clause 14(1) a person is guilty of an offence if he or she, directly or indirectly, corruptly:

The object of this provision is to combat corrupt practices, for example, the fixing of sports events recently experienced in cricket.

This clause provides for the offence of the possession of property suspected to have been acquired corruptly by a public officer. The State Law Advisers have amended the original provision drastically, because they were of the opinion that it is unconstitutional. The original provision creates an offence in respect of the possession of unexplained property, whereas the provision proposed in the Bill places the emphasis on the control of resources and property disproportionate to the suspect's present or past lawful sources of income, and where:

This clause places a duty on any public officer to whom any gratification is promised, offered, given or lent, in contravention of any provision of this Chapter, to report such fact, as soon as possible, to his or her supervisor or at his or her nearest police station.

The Portfolio Committee on Justice and Constitutional Development suggested that the drafters of the original Bill redraft certain sections of the Bill.

Explanatory memorandum: Prevention of Corruption Bill, 2002 @ http://www. pmg.orgldocs/2002/appendices/020422memo. htm