Prevention and Combating of Corrupt Activities Act, 2004

Act 12 of 2004

This is the version of this Act as it was from 14 September 2012 to 2 April 2024. Read the latest available version.

Prevention and Combating of Corrupt Activities Act, 2004

Citation

Act 12 of 2004

Date

Language

English

Type

Act

Collections

Subject areas
- Peace and Security

Prevention and Combating of Corrupt Activities Act, 2004

Act 12 of 2004

Published in Government Gazette 26311 on 28 April 2004
Assented to on 27 April 2004
There are multiple commencements

Provisions	Status
Chapter 1 (section 1–2); Chapter 2 (section 3–21); Chapter 3 (section 22–23); Chapter 4 (section 24–25); Chapter 5 (section 26–28); Chapter 6 (section 29–33); Chapter 7, section 34(1), 34(3), 34(4), section 35, section 36–37	commenced on 27 April 2004. Note: Date of commencement of whole Act, except section 34(2)
Chapter 7, section 34(2)	commenced on 31 July 2004. Note: Date of commencement of section 34(2)
Chapter 5, section 26(4)	commenced on 17 February 2009.

[This is the version of this document as it was from 14 September 2012 to 2 April 2024.]

[Amended by Judicial Matters Amendment Act, 2008 (Act 66 of 2008) on 17 February 2009]
[Amended by Jurisdiction of Regional Courts Amendment Act, 2008 (Act 31 of 2008) on 9 August 2010]
[Amended by South African Police Service Amendment Act, 2012 (Act 10 of 2012) on 14 September 2012]

(English text signed by the President.)ACTTo provide for the strengthening of measures to prevent and combat corruption and corrupt activities; to provide for the offence of corruption and offences relating to corrupt activities; to provide for investigative measures in respect of corruption and related corrupt activities; to provide for the establishment and endorsement of a Register in order to place certain restrictions on persons and enterprises convicted of corrupt activities relating to tenders and contracts; to place a duty on certain persons holding a position of authority to report certain corrupt transactions; to provide for extraterritorial jurisdiction in respect of the offence of corruption and offences relating to corrupt activities; and to provide for matters connected therewith.

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 and related corrupt activities undermine the said rights, endanger the stability and security of societies, undermine the institutions and values of democracy and ethical values and morality, jeopardise sustainable development, the rule of law and the credibility of governments, and provide a breeding ground for organised crime;AND WHEREAS the illicit acquisition of personal wealth can be particularly damaging to democratic institutions, national economies, ethical values and the rule of law;AND WHEREAS there are links between corrupt activities and other forms of crime, in particular organised crime and economic crime, including money-laundering;AND WHEREAS corruption is a transnational phenomenon that crosses national borders and affects all societies and economies, and is equally destructive and reprehensible within both the public and private spheres of life, so that regional and international cooperation is essential to prevent and control corruption and related corrupt activities;AND WHEREAS a comprehensive, integrated and multidisciplinary approach is required to prevent and combat corruption and related corrupt activities efficiently and effectively;AND WHEREAS the availability of technical assistance can play an important role in enhancing the ability of States, including by strengthening capacity and by institution-building, to prevent and combat corruption and related corrupt activities efficiently and effectively;AND WHEREAS the prevention and combating of corruption and related corrupt activities is a responsibility of all States requiring mutual cooperation, with the support and involvement of individuals and groups outside the public sector, such as organs of civil society and non-governmental and community-based organizations, if their efforts in this area are to be efficient and effective;AND WHEREAS the United Nations has adopted various resolutions condemning all corrupt practices, and urged member states to take effective and concrete action to combat all forms of corruption and related corrupt practices;AND WHEREAS the Southern African Development Community Protocol against Corruption, adopted on 14 August 2001 in Malawi, reaffirmed the need to eliminate the scourges of corruption through the adoption of effective preventive and deterrent measures and by strictly enforcing legislation against all types of corruption;AND WHEREAS the Republic of South Africa desires to be in compliance with and to become Party to the United Nations Convention against Corruption adopted by the General Assembly of the United Nations on 31 October 2003;AND WHEREAS it is desirable to unbundle the crime of corruption in terms of which, in addition to the creation of a general, broad and all-encompassing offence of corruption, various specific corrupt activities are criminalized,BE IT THEREFORE ENACTED by the Parliament of the Republic of South Africa, as follows:—

Chapter 1
Definitions and interpretation

1. Definitions

In this Act, unless the context indicates otherwise—"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, and "agency" has a corresponding meaning;"animal" means any living vertebrate member of the animal kingdom, domestic or wild, but does not include a human being;"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 other activity, and all the rights and liabilities arising from such other activity;"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;"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;"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;"gambling game" means any gambling game as defined in section 1 of the National Gambling Act, 1996 (Act No. 33 of 1996);"game of chance", includes a lottery, lotto, numbers game, scratch game, sweepstake, or sports pool;"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;"induce" includes to persuade, encourage, coerce, intimidate or threaten or cause a person, and "inducement" has a corresponding meaning;"judicial officer" means—(a)any constitutional court judge or any other judge as defined in section 1 of the Judges’ Remuneration and Conditions of Employment Act, 2001 (Act No. 47 of 2001);(b)a judge of the Labour Court appointed under section 153(l)(a) or (b), (4) or (5) of the Labour Relations Act, 1995 (Act No. 66 of 1995);(c)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);(d)any judge of the Competition Appeal Court appointed under section 36(2) of the Competition Act, 1998 (Act No. 89 of 1998);(e)a judge or additional member appointed under section 7 of the Special Investigating Units and Special Tribunals Act, 1996 (Act No. 74 of 1996), to a Special Tribunal established in terms of section 2 of that Act;(f)the presiding officer or member of the court of marine enquiry, the maritime court and the court of survey referred to in sections 267(1), 271(1) and 276(1) of the Merchant Shipping Act, 1951 (Act No. 57 of 1951), respectively;(g)[paragraph (g) deleted by section 10(2) of Act 31 of 2008](h)any regional magistrate or magistrate defined in section 1 of the Magistrates Act, 1993 (Act No. 90 of 1993);(i)any commissioner appointed under section 9 of the Small Claims Courts Act, 1984 (Act No. 61 of 1984);(j)any arbitrator, mediator or umpire, who in terms of any law presides at arbitration or mediation proceedings for the settlement by arbitration or mediation of a dispute which has been referred to arbitration or mediation;(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)where applicable, any assessor who assists a judicial officer;(m)any other presiding officer appointed to any court or tribunal established under any statute and who has the authority to decide causes or issues between parties and render decisions in a judicial capacity;(n)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; or(o)any person contemplated in paragraphs (a) to (n) who has been appointed in an acting or temporary capacity;"legislative authority", means the legislative authority referred to in section 43 of the Constitution;"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);"National Commissioner" means the National Commissioner of the South African Police Service appointed in terms of section 207(1) of the Constitution;"National Director" means the National Director of Public Prosecutions appointed in terms of section 179(1) of the Constitution;"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;"person who is party to an employment relationship", includes any person who in any manner assists in carrying on or conducting the business of an employer;"police official" means a "member" of the South African Police Service as defined in section 1 of the South African Police Service Act, 1995 (Act No. 68 of 1995);"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;"private sector" means all persons or entities, including any—(a)natural person or group of two or more natural persons who carries on a business;(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;(b)public bodies;(c)any legislative authority or any member thereof;(d)the judicial authority or any judicial officer; or(e)the prosecuting authority or any member thereof;"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;"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;"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);"public officer" means any person who is a member, an officer, an employee or a servant of a public body, and includes—(a)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; or(c)where the public body is a corporation, the person who is incorporated as such,but does not include any—(a)member of the legislative authority;(b)judicial officer; or(c)member of the prosecuting authority;"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; and"valuable security" means any document—(a)creating, transferring, surrendering or releasing any right to, in or over property;(b)authorising the payment of money or delivery of any property; or(c)evidencing the creation, transfer, surrender or release of any such right, the payment of money or delivery of any property or the satisfaction of any obligation.

2. Interpretation

(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; or

(iii)offer to demand, ask for, seek, request, solicit, receive or obtain, any 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; or

(iii)offer to lend, grant, confer or procure,

such gratification.

(4)A reference in this Act to any act, includes an omission and "acting" shall be construed accordingly.

(5)A reference in this Act to any person includes a person in the private sector.

Chapter 2
Offences in respect of corrupt activities

Part 1 – General offence of corruption

3. General offence of corruption

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 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 act personally or by influencing another person so to act, in a manner—

(i)that amounts to the—

(aa)illegal, dishonest, unauthorised, incomplete, or biased; or

(bb)misuse or selling of information or material acquired in the course of the,

exercise, carrying out or performance of any powers, duties or functions arising out of a constitutional, statutory, contractual or any other legal obligation;

(ii)that amounts to—

(aa)the abuse of a position of authority;

(bb)a breach of trust; or

(cc)the violation of a legal duty or a set of rules;

(iii)designed to achieve an unjustified result; or

(iv)that amounts to any other unauthorised or improper inducement to do or not to do anything,

is guilty of the 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

(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 act, personally or by influencing another person so to act, in a manner—

(i)that amounts to the—

(aa)illegal, dishonest, unauthorised, incomplete, or biased; or

(bb)misuse or selling of information or material acquired in the course of the exercise, carrying out or performance of any powers, duties or functions arising out of a constitutional, statutory, contractual or any other legal obligation;

(ii)that amounts to—

(aa)the abuse of a position of authority;

(bb)a breach of trust; or

(cc)the violation of a legal duty or a set of rules;

(iii)designed to achieve an unjustified result; or

(iv)that amounts to any other unauthorised or improper inducement to do or not to do anything,

is guilty of the offence of corrupt activities relating to public officers.

(2)Without derogating from the generality of section 2(4), "to act" in subsection (1), includes—

(a)voting at any meeting of a public body ;

(b)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.

5. Offences in respect of corrupt activities relating to foreign public officials

(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 act, personally or by influencing another person so to act, in a manner—

(a)that amounts to the—

(i)illegal, dishonest, unauthorised, incomplete, or biased; or

(ii)misuse or selling of information or material acquired in the course of the, exercise, carrying out or performance of any powers, duties or functions arising out of a constitutional, statutory, contractual or any other legal obligation;

(b)that amounts to—

(i)the abuse of a position of authority;

(ii)a breach of trust; or

(iii)the violation of a legal duty or a set of rules;

(c)designed to achieve an unjustified result; or

(d)that amounts to any other unauthorised or improper inducement to do or not to do anything,

is guilty of the offence of corrupt activities relating to foreign public officials.

(2)Without derogating from the generality of section 2(4), "to act" in subsection (1) includes—

(a)the using of such foreign public official’s or such others person’s position to influence any acts or decisions of the foreign state or public international organisation concerned; or

(b)obtaining or retaining a contract, business or an advantage in the conduct of business of that foreign state or public international organisation.

6. Offences in respect of corrupt activities relating to agents

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; or

(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 act, personally or by influencing another person so to act in a manner—

(aa)that amounts to the—

(aaa)illegal, dishonest, unauthorised, incomplete, or biased; or

(bbb)misuse or selling of information or material acquired in the course of the,

exercise, carrying out or performance of any powers, duties or functions arising out of a constitutional, statutory, contractual or any other legal obligation;

(bb)that amounts to—

(aaa)the abuse of a position of authority;

(bbb)a breach of trust; or

(ccc)the violation of a legal duty or a set of rules;

(cc)designed to achieve an unjustified result; or

(dd)that amounts to any other unauthorised or improper inducement to do or not to do anything.

is guilty of the offence of corrupt activities relating to agents.

7. Offences in respect of corrupt activities relating to members of legislative authority

(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 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 member of the legislative authority, whether for the benefit of that member or for the benefit of another person.

in order to act, personally or by influencing another person so to act in a manner—

(i)that amounts to the—

(aa)illegal, dishonest, unauthorised, incomplete, or biased; or

(ii)that amounts to—

(aa)the abuse of a position of authority;

(bb)a breach of trust; or

(cc)the violation of a legal duty or a set of rules;

(iii)designed to achieve an unjustified result; or

(iv)that amounts to any other unauthorised or improper inducement to do or not to do anything,

is guilty of the offence of corrupt activities relating to members of the legislative authority.

(2)Without derogating from the generality of section 2(4), "to act" in subsection (1) includes—

(a)absenting himself or herself from;

(b)voting at any meeting of;

(c)aiding or assisting in procuring or preventing the passing of any vote in;

(d)exerting any improper influence over the decision making of any person performing his or her functions as a member of; or

(e)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 or of any committee or joint committee of that legislative authority.

8. Offences in respect of corrupt activities relating to judicial officers

(1)Any—

(a)judicial 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 judicial officer, whether for the benefit of that judicial officer or for the benefit of another person,

in order to act, personally or by influencing another person so to act in a manner—

(i)that amounts to the—

(aa)illegal, dishonest, unauthorised, incomplete, or biased; or

(ii)that amounts to—

(aa)the abuse of a position of authority;

(bb)a breach of trust; or

(cc)the violation of a legal duty or a set of rules;

(iii)designed to achieve an unjustified result; or

(iv)that amounts to any other unauthorised or improper inducement to do or not to do anything,

is guilty of the offence of corrupt activities relating to judicial officers.

(2)Without derogating from the generality of section 2(4), "to act" in subsection (1) includes—

(a)performing or not adequately performing a judicial function;

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

(c)delaying, hindering or preventing the performance of a judicial function;

(d)aiding, assisting or favouring any particular person in conducting judicial proceedings or judicial functions;

(e)showing any favour or disfavour to any person in the performance of a judicial function; or

(f)exerting any improper influence over the decision making of any person, including another judicial officer or a member of the prosecuting authority, performing his or her official functions.

9. Offences in respect of corrupt activities relating to members of prosecuting authority

(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 the benefit of 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 act personally or by influencing another person so to act in a manner—

(i)that amounts to the—

(aa)illegal, dishonest, unauthorised, incomplete, or biased; or

(ii)that amounts to—

(aa)the abuse of a position of authority;

(bb)a breach of trust; or

(cc)the violation of a legal duty or a set of rules;

(iii)designed to achieve an unjustified result; or

(iv)that amounts to any other unauthorised or improper inducement to do or not to do anything.

is guilty of the offence of corrupt activities relating to members of the prosecuting authority.

(2)Without derogating from the generality of section 2(4), "to act" in subsection (1) includes—

(a)performing or not adequately performing a function relating to the—

(i)institution or conducting of criminal proceedings;

(ii)carrying out of any necessary functions incidental to the institution or conducting of such criminal proceedings; or

(iii)continuation or discontinuation of criminal proceedings;

(b)delaying, hindering or preventing the performance of a prosecutorial function;

(c)aiding or assisting any particular person in the performance of a function relating to the institution or conducting of criminal proceedings;

(d)showing any favour or disfavour to any person in the performance of a function relating to the institution or conducting of criminal proceedings; or

(e)exerting any improper influence over the decision making of any person, including another member of the prosecuting authority or a judicial officer, performing his or her official functions.

Part 3 – Offences in respect of corrupt activities relating to receiving or offering of unauthorised gratification

10. Offences of receiving or offering of unauthorised gratification by or to party to an employment relationship

Any person—

(a)who is party to an employment relationship and who, directly or indirectly, accepts or agrees or offers to accept from any other person any unauthorised gratification, whether for the benefit of that person or for the benefit of another person; or

(b)who directly or indirectly, gives or agrees or offers to give to any person who is party to an employment relationship any unauthorised gratification, whether for the benefit of that party or for the benefit of another person.

in respect of that party doing any act in relation to the exercise, carrying out or performance of that party’s powers, duties or functions within the scope of that party's employment relationship, is guilty of the offence of receiving or offering an unauthorised gratification.

Part 4 – Offences in respect of corrupt activities relating to specific matters

11. Offences in respect of corrupt activities relating to witnesses and evidential material during certain proceedings

(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 from such trial, hearing or proceedings,

is guilty of the offence of corrupt activities relating to witnesses and evidential material during certain proceedings.

(2)Any person who, 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, 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; or

(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 from such trial, hearing or other proceedings,

is guilty of the offence of corrupt activities relating to witnesses and evidential material during certain proceedings.

12. Offences in respect of corrupt activities relating to contracts

(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,

(i)in order to improperly influence, 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)as a reward for acting as contemplated in paragraph (a),

is guilty of the offence of corrupt activities relating to contracts.

(2)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 promoting, in any way, the election of a candidate or a category or party of candidates to the legislative authority; or

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

is guilty of an offence.

13. Offences in respect of corrupt activities relating to procuring and withdrawal of tenders

(a)an inducement to, personally or by influencing any other person so to act—

(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; or

(ii)upon an invitation to tender for such contract, make a tender for that contract which has as its aim to cause the tenderee to accept a particular tender; or

(iii)withdraw a tender made by him or her for such contract; or

(b)a reward for acting as contemplated in paragraph (a)(i), (ii) or (iii),

is guilty of the offence of corrupt activities relating to procuring and withdrawal of tenders.

(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. 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 as contemplated in subparagraph (i); or

(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 of any other person, as—

(i)an inducement to withdraw the tender; or

(ii)a reward for withdrawing or having withdrawn the tender,

is guilty of the offence of corrupt activities relating to procuring and withdrawal of tenders.

14. Offences in respect of corrupt activities relating to auctions

(1)Any auctioneer 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—

(i)in order to conduct the bidding process at an auction in a manner so as to favour or prejudice a specific person; or

(ii)as a reward for acting 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—

(i)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, 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 as contemplated in subparagraph (i).

is guilty of the offence of corrupt activities relating to auctions.

(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 the benefit of himself or herself or for the benefit of another person—

(i)in return for that person—

(aa)refraining from bidding at an auction; or

(bb)participating, personally or by influencing any other person so to participate, at an auction in the bidding process in order to get a specific offer for the article or to buy the article for a specific amount or to sell the article to a specific bidder; or

(ii)as a reward for acting 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 or for the benefit of another person—

(i)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 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—

(i)in return for that other person—

(aa)refraining from bidding at an auction; or

(bb)participating, personally or by influencing any other person so to participate, 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 as contemplated in subparagraph (i),

is guilty of the offence of corrupt activities relating to auctions.

15. Offences in respect of corrupt activities relating to sporting events

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—

(i)in return for—

(aa)engaging in any act which constitutes a threat to or undermines the integrity of any sporting event, including, in any way influencing the run of play or the outcome of a sporting event; or

(bb)not reporting the act 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; or

(ii)as a reward for acting as contemplated in subparagraph (i); or

(c)carries into effect any scheme which constitutes a threat to or undermines the integrity of any sporting event, including, in any way, influencing the run of play or the outcome of a sporting event,

is guilty of the offence of corrupt activities relating to sporting events.

16. Offences in respect of corrupt activities relating to gambling games or games of chance

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—

(i)in return for engaging in any conduct which constitutes a threat to or undermines the integrity of any gambling game or a game of chance, including, in any way, influencing the outcome of a gambling game or a game of chance; or

(ii)as a reward for acting as contemplated in subparagraph (i); or

(c)carries into effect any scheme which constitutes a threat to or undermines the integrity of any gambling game or a game of chance, including, in any way, influencing the outcome of a gambling game or a game of chance,

is guilty of the offence of corrupt activities relating to gambling games or games of chance.

Part 5 – Miscellaneous offences relating to possible conflict of interest and other unacceptable conduct

17. Offence relating to acquisition of private interest in contract, agreement or investment of public body

(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 that public body, is guilty of an offence.

(2)Subsection (1) does not apply to—

(a)a public officer who acquires or holds such interest as a shareholder of a listed company;

(b)a public officer, whose conditions of employment do not prohibit him or her from acquiring or holding such interest; or

(c)in the case of a tender process, a public officer who acquires a contract, agreement or investment through a tender process and 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.

18. Offences of unacceptable conduct relating to witnesses

Any person who, directly or indirectly, intimidates or uses physical force, or improperly persuades or coerces another person with the intent to—

(b)cause or induce any person to—

(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;

(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 from such trial, hearing or other proceedings,

is guilty of the offence of unacceptable conduct relating to a witness.

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

Any person who, at any stage, with intent to defraud or to conceal an offence in terms of this 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.

Part 6 – Other offences relating to corrupt activities

20. Accessory to or after offence

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, 3 or 4, or section 21 (in so far as it relates to the aforementioned offences) 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.

21. Attempt, conspiracy and inducing another person to commit offence

Any person who—

(a)attempts;

(b)conspires with any other person; or

(c)aids, abets, induces, incites, instigates, instructs, commands, counsels or procures another person,

to commit an offence in terms of this Act, is guilty of an offence.

Chapter 3
Investigations regarding possession of property relating to corrupt activities

22. Investigation regarding property relating to corrupt activities

(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 Chapter 2;

(b)may have facilitated the commission of such an offence, 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 such an offence,

he or she may, prior to the institution of any asset forfeiture or criminal proceedings, 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; and

(b)a "special investigator" shall be construed as to include a police official.

(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 No. 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.

23. Application for, and issuing of investigation direction in respect of possession of property disproportionate to a person’s present or past known sources of income or assets

(1)The National Director, or any person authorised in writing thereto by him or her (hereinafter referred to as the applicant), may apply to a judge 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 in chambers may upon an ex parte application made to him or her in terms of subsection (1), issue an investigation direction.

(b)An investigation direction may only be issued if the judge 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, there are reasonable grounds to believe that—

(aa)a 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)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

(cc)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 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; and

(v)may be issued in respect of any place in the Republic.

(d)An application must be considered and an investigation direction issued without any notice to the suspect to whom the application applies and without hearing that suspect: Provided that where any previous investigation direction has been issued in respect of a suspect, the applicant may only apply for a further investigation direction in respect of that suspect on the same facts, after giving reasonable notice to the suspect concerned.

(e)A judge 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; or

(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; or

(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 No. 56 of 1955).

(6)Subject to any directions, conditions or restrictions determined by the judge 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 an 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.

Chapter 4
Presumptions and defences

24. Presumptions

(1)Whenever a person is charged with an offence under Part 1 or 2, or section 21 (in so far as it relates to the aforementioned offences) 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)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)who acts on behalf of a person contemplated in subparagraph (i) or (ii), 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 authority or excuse 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 act in a manner—

(aa)that amounts to the—

(aaa)illegal, dishonest, unauthorised, incomplete, or biased; or

(bbb)misuse or selling of information or material acquired in the course of the,

exercise, carrying out or performance of any powers, duties or functions arising out of a constitutional, statutory, contractual or any other legal obligation;

(bb)that amounts to—

(aaa)the abuse of a position of authority;

(bbb)a breach of trust; or

(ccc)the violation of a legal duty or a set of rules;

(cc)designed to achieve an unjustified result; or

(dd)that amounts to any other unauthorised or improper inducement to do or not to do anything.

(2)Whenever a public officer whose duties include the detection, investigation, prosecution or punishment of offenders, is charged with an offence involving the acceptance of a gratification, 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; or

(c)the investigation of an alleged offence,

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

25. Defences

Whenever an accused person is charged with an offence under Part 1, 2, 3 or 4, or section 20 or 21 (in so far as it relates to the aforementioned offences) of Chapter 2, 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 offered 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 5
Penalties and related matters

26. Penalties

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

(a)Part 1, 2, 3 or 4, or section 18 of Chapter 2, 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:

(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 18 years; or

(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 five years;

(b)section 17(1), 19, 20, 23(7)(a) or (b) or 34(2), 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 10 years; or

(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; or

(c)section 28(6)(b), is liable to a fine of R250 000 or to imprisonment for a period not exceeding three years.

(2)A person convicted of an offence referred to in section 21, 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, commanded, counseled or procured 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.

(4)Notwithstanding anything to the contrary in any law, a magistrate's court shall be competent to impose the penalty provided for in subsection (1)(a)(iii), (1)(c), or (3).[subsection (4) added by section 35 of Act 66 of 2008]

27. Authorisation by National Director, Deputy National Director or Director to institute proceedings in respect of certain offences

The institution of a prosecution for an offence referred to in section 17(1), 23(7)(b) or 34(2), must be authorised in writing by the National Director, 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 17(1), how he or she acquired the private interest concerned;

(b)in the case of section 23(7)(b), how he or she acquired the property or resources concerned; or

(c)in the case of section 34(2), why he or she failed to report in terms of section 34(2).

28. Endorsement of Register

(1)

(a)A court convicting a person of an offence contemplated in section 12 or 13, may, in addition to imposing any sentence contemplated in section 26, issue an order that—

(i)the particulars of 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 in the offence concerned or who knows 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—

(i)any other enterprise owned or controlled by 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 in the offence concerned; or

(bb)partner, manager, director or other person knew or ought reasonably to have known or suspected that such other enterprise was involved in the offence concerned.

(d)Whenever the Register is endorsed as contemplated in paragraph (a), (b) or(c). the endorsement applies, unless the court directs otherwise, to 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 or endorsed, and the Registrar must, in respect of every such enterprise, endorse the Register accordingly.

(2)Where a court has issued an order under subsection (1), the registrar or clerk of such court must forthwith forward the court order to the Registrar and the Registrar must forthwith endorse the Register accordingly.

(3)

(a)Where the Register has been endorsed in terms of subsection (2), in addition to any other legal action, the following restrictions may or must, as the case may be, be imposed:

(i)The National Treasury may terminate any agreement with the person or enterprise referred to in subsection (l) (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)the extent and duration of the agreement concerned;

(bbb)whether it is likely to conclude a similar agreement with another person or enterprise within a specific time frame;

(ccc)the extent to which the agreement has been executed;

(ddd)the urgency of the services to be delivered or supplied in terms of the agreement;

(eee)whether extreme costs will follow such termination; and

(fff)any other factor which, in the opinion of the National Treasury, may impact on the termination of the agreement; and

(bb)if that agreement involves any purchasing authority or Government Department, such restriction may only be imposed after consultation with the purchasing authority or Government Department concerned:

(ii)the National Treasury must determine the period (which period may not be less than five years or more than 10 years) for which the particulars of the convicted person or the enterprise referred to in subsection (1)(a), (b), (c) or (d) must remain in the Register and during such period no offer in respect of any agreement from a person or enterprise referred to in that subsection may be considered by the National Treasury; or

(iii)during the period determined in subparagraph (ii), the National Treasury, the purchasing authority or any Government Department must—

(aa)ignore any offer tendered by a person or enterprise referred to in subsection (1)(a), (b), (c) or (d); or

(bb)disqualify any person or enterprise referred to subsection (1)(a), (b), (c) or (d), 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 finalised by the court: Provided that if the appeal court sets aside, varies or amends 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; or

(ii)which the State may suffer by having to make less favourable arrangements thereafter.

(4)The National Treasury—

(a)may at any time vary or rescind any restriction imposed under subsection (3)(a)(i) or (ii); and

(b)must, when the period determined in terms of subsection (3)(a)(ii) expires, remove the particulars of the person or enterprise concerned, from the Register.

(5)When the National Treasury imposes a restriction under subsection (3)(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 rescinding thereof, and request such authorities and departments to take similar steps.

(6)

(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 (5)(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.

(7)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)"Registrar" means the Registrar of the Register designated under section 30; and

(d)"Register" means the Register established under section 29.

Chapter 6
Register for tender defaulters

29. Establishment of Register

Within six months after the commencement of this Chapter, the Minister of Finance must establish a register, to be known as the Register for Tender Defaulters, within the Office of the National Treasury.

30. Designation of Registrar

The Minister of Finance must designate a fit and proper person, with due regard to his or her experience, conscientiousness and integrity, as Registrar.

31. Powers, duties and functions of Registrar

(1)The Registrar must, subject to the provisions of section 28 and this Chapter, exercise and perform his or her powers, duties and functions subject to the control and directions of the National Treasury.

(2)The Registrar must—

(a)maintain the Register;

(b)manage the Office of the Registrar; and

(c)carry out the duties and perform the functions assigned to him or her by section 28, this Chapter or the National Treasury or any other law.

32. Access to Register

The Register is open to the public as prescribed.

33. Regulations pertaining to Register

(1)The Minister of Finance may, in consultation with the Minister responsible for the administration of justice, make regulations relating to—

(a)the maintenance and management of the Register, the particulars to be entered in such Register, the manner in which such particulars must be recorded and the period for which the information in the Register must be retained;

(b)access to information contained in the Register;

(c)the safe-keeping and disposal of records; or

(d)any other matter which the Minister may consider necessary to prescribe in order to achieve the objects of section 28 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

34. Duty to report corrupt transactions

(1)Any person who holds a position of authority and who knows or ought reasonably to have known or suspected that any other person has committed—

(a)an offence under Part 1, 2, 3 or 4, or section 20 or 21 (in so far as it relates to the aforementioned offences) of Chapter 2; or

(b)the offence of theft, fraud, extortion, forgery or uttering a forged document,

involving an amount of R100 000 or more, must report such knowledge or suspicion or cause such knowledge or suspicion to be reported to the police official in the Directorate for Priority Crime Investigation referred to in section 17C of the South African Police Service Act, 1995, (Act No. 68 of 1995).[subsection (1) substituted by section 21 of Act 10 of 2012]

(2)Subject to the provisions of section 37(2), any person who fails to comply with subsection (1), is guilty of an offence.

(3)

(a)Upon receipt of a report referred to in subsection (1), the police official concerned must take down the report in the manner directed by the National Head of the Directorate for Priority Crime Investigation, appointed in terms of section 17C(2)(a) of the South African Police Service Act, 1995, (Act No. 68 of 1995), and forthwith provide the person who made the report with an acknowlegedment of receipt of such report.[paragraph (a) substituted by section 21 of Act 10 of 2012]

(b)The National Head of the Directorate for Priority Crime Investigation, must within three months of the commencement of the South African Police Service Amendment Act, 2012, publish the directions contemplated in paragraph (a) in the Gazette, during which period any existing notice issued in terms of the Act shall remain in force.[paragraph (b) substituted by section 21 of Act 10 of 2012]

(c)Any direction issued under paragraph (b), must be tabled in Parliament before publication thereof in the Gazette.

(4)For purposes of subsection (1) the following persons hold a position of authority, namely—

(a)the Director-General or head, or equivalent officer, of a national or provincial department;

(b)in the case of a municipality, the municipal manager appointed in terms of section 82 of the Local Government: Municipal Structures Act, 1998 (Act No. 117 of 1998);

(c)any public officer in the Senior Management Service of a public body;

(d)any head, rector or principal of a tertiary institution;

(e)the manager, secretary or a director of a company as defined in the Companies Act, 1973 (Act No. 61 of 1973), and includes a member of a close corporation as defined in the Close Corporations Act, 1984 (Act No. 69 of 1984);

(f)the executive manager of any bank or other financial institution;

(g)any partner in a partnership;

(h)any person who has been appointed as chief executive officer or an equivalent officer of any agency, authority, board, commission, committee, corporation, council, department, entity, financial institution, foundation, fund, institute, service, or any other institution or organisation, whether established by legislation, contract or any other legal means;

(i)any other person who is responsible for the overall management and control of the business of an employer; or

(j)any person contemplated in paragraphs (a) to (i), who has been appointed in an acting or temporary capacity.

35. Extraterritorial jurisdiction

(1)Even if the act alleged to constitute an offence under this Act occurred outside the Republic, a court of the Republic shall, regardless of whether or not the act constitutes an offence at the place of its commission, 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 alleged to constitute an offence under this Act and which is committed outside the Republic by a person, other than a person contemplated in subsection (1), shall, regardless of whether or not the act constitutes an offence or not at the place of its commission, be deemed to have been committed also in the Republic if that—

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

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

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

(3)Any offence committed in a country outside the Republic as contemplated in subsection (1) or (2), is, 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; or

(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.

36. Repeal and amendment of laws and transitional provisions

(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 concluded, 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 investigation, prosecution or any criminal or legal proceedings contemplated in subsection (2) or (3), remain in force as if such provision had not been repealed or amended.

37. Short title and commencement

(1)This Act is called the Prevention and Combating of Corrupt Activities Act, 2004, and shall, subject to subsection (2), come into operation on 27 April 2004 or on such earlier date as the President may determine by proclamation in the Gazette.

(2)Section 34(2) shall come into operation on 31 July 2004.

Schedule

Laws repealed or amended by Section 36

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:"any offence referred to in Part 1 to 4 or section 17, 20 or 21 (in so far as it relates to the aforementioned offences of Chapter 2 of the Prevention and Combating of Corrupt Activities Act, 2004.".
Act 59 of 1959	Supreme Court Act	Section 24 is hereby amended by the substitution for paragraph (b) of subsection (1) of the following paragraph:"(b) interest in the cause, bias, malice or [corruption] the commission of an offence referred to in Part 1 to 4, or section 17, 20 or 21 (in so far as it relates to the aforementioned offences) of Chapter 2 of the Prevention and Combating of Corrupt Activities Act, 2004, on the part of the presiding judicial officer:".
Act 58 of 1962	Income Tax Act	Section 37H is hereby amended by the substitution for paragraph (a) of subsection (23) of the following paragraph:"(a) interest in the application, bias, malice or [corruption] the commission of an offence referred to in Part 1 to 4, or section 17, 20 or 21 (in so far as it relates to the aforementioned offences) of Chapter 2 of the Prevention and Combating of Corrupt Activities Act, 2004. on the part of any member of the board:".
Act 42 of 1965	Arbitration Act	Section 33 is hereby amended by the substitution for subsection (2) of the following subsection:"(2) An application pursuant to this section shall be made within six weeks after the publication of the award to the parties: Provided that when the setting aside of the award is requested on the grounds of [or corruption] the commission of an offence referred to in Part 1 to 4, or section 17, 20 or 21 (in so far as it relates to the aforementioned offences) of Chapter 2 of the Prevention and Combating of Corrupt Activities Act, 2004, such application shall be made within six weeks after the discovery of the [corruption] that offence and in any case not later than three years after the date on which the award was so published.".
Act 61 of 1973	Companies Act	Section 218 is hereby amended by the substitution for subparagraph (iii) of paragraph (d) of subsection (1) of the following subparagraph:"(iii) any person who has at any time been convicted (whether in the Republic or elsewhere) of theft, fraud, forgery or uttering a forged document, perjury, an offence under the Prevention of Corruption Act, 1958 (Act 6 of 1958), the Corruption Act, 1992 (Act No. 94 of 1992), Part 1 to 4, or section 17, 20 or 21 (in so far as it relates to the aforementioned offences) of Chapter 2 of the Prevention and Combating 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 Part 1 to 4, or section 17, 20 or 21 (in so far as it relates to the aforementioned offences) of Chapter 2 of the Prevention and Combating 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.".2. Schedule 5 to the Act is hereby amended by the substitution for the words in the 20th line of the following words:"Any offence relating to exchange control, [corruption,] extortion, fraud, forgery, uttering, [or] theft, or any offence referred to in Part 1 to 4, or section 17, 20 or 21 (in so far as it relates to the aforementioned offences) of Chapter 2 of the Prevention and Combating of Corrupt Activities Act, 2004—".
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 (Act No. 94 of 1992). Part 1 to 4, or section 17, 20 or 21 (in so far as it relates to the aforementioned offences) of Chapter 2 of the Prevention and Combating 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 No. 6 of 1958), the Corruption Act, 1992 (Act No. 94 of 1992). Part 1 to 4, or section 17, 20 or 21 (in so far as it relates to the aforementioned offences) of Chapter 2 of the Prevention and Combating 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 61 of 1984	Small Claims Court Act	Section 46 is hereby amended by the substitution for paragraph (b) of the following paragraph:"(b) interest in the cause, bias, malice, or [corruption] the commission of an offence referred to in Part 1 to 4, or section 17, 20 or 21 (in so far as it relates to the aforementioned offences) of Chapter 2 of the Prevention and Combating of Corrupt Activities Act, 2004, on the part of the commissioner: and".
Act 69 of 1984	Close Corporations Act	Section 47 is hereby amended by the substitution for subparagraph (iii) of paragraph (b) of the following sub-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 No. 6 of 1958), the Corruption Act, 1992 (Act No. 94 of 1992). Part 1 to 4, or section 17, 20 or 21 (in so far as it relates to the aforemen-tioned offences) of Chapter 2 of the Prevention and Combating 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 No. 6 of 1958), the Corruption Act, 1992 (Act No. 94 of 1992), Part 1 to 4, or section 17, 20 or 21 (in so far as it relates to the aforementioned offences) of Chapter 2 of the Prevention and Combating 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 No. 6 No. of 1958), the Corruption Act, 1992 (Act No. 94 of 1992), Part 1 to 4, or section 17, 20 or 21 (in so far as it relates to the aforementioned offences) of Chapter 2 of the Prevention and Combating of Corrupt Activities Act, 2004, or any offence insolving dishonesty, and has been sentenced therefor to imprisonment without the option of a fine or to a line 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 (Act No. 94 of 1992). Part 1 to 4, or section 17, 20 or 21 (in so far as it relates to the aforementioned offences) of Chapter 2 of the Prevention and Combating of Corrupt Activities Act, 2004, or any offence insolving dishonesty, and has been sentenced therefor to imprisonment without the option of a fine or to a fine exceeding R300: or".
Act 103 of 1991	Short Process Courts and Mediation in Certain Civil Cases Act	Section 12 is hereby amended by the substitution for paragraph (b) of subsection (1) of the following paragraph:"(b) interest in the cause, bias, malice or [corruption] the commission of an offence referred to in Part 1 to 4, or section 17, 20 or 21 (in so far as it relates to the aforementioned offences) of Chapter 2 of the Prevention and Combating of Corrupt Activities Act, 2004, on the part of the mediator or the presiding adjudicator, as the case may be: and".
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 No. 6 of 1958), the Corruption Act, 1992 (Act No. 94 of 1992). Part 1 to 4, or sections 17, 20 or 21 (in so far as it relates to the aforementioned offences) of Chapter 2 of the Prevention and Combating 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 No. 6 of 1958), the Corruption Act, 1992 (Act 94 of 1992). Part 1 to 4, or section 17, 20 or 21 (in so far as it relates to the aforementioned offences) of Chapter 2 of the Prevention and Combating of Corrupt Activities Act, 2004, or".
Act 209 of 1993	Local Government Transition Act, 1993	1. Section 10G is hereby amended by the substitution for paragraph (g) of subsection (2) of the following paragraph:"(g) Any loss suffered by a municipality and which the chief executive officer, or if the chief executive officer is responsible, the council, suspects to be due to any fraudulent [or corrupt] act or an [act of bribery] offence referred to in Part 1 to 4. or section 17, 20 or 21 (in so far as it relates to the aforementioned offences) of Chapter 2 of the Prevention and Combating of Corrupt Activities Act, 2004, committed by any person, shall forthwith be reported by the chief executive officer or the council, as the case may be to the South African Police Service.".2. Section 10H is hereby amended by the substitution for the words following paragraph (b) of subsection (1) of the following words:"is prima facie of the opinion that a council member, a chief executive officer or an employee has acted unlawfully or is responsible for any act or omission which has resulted or may result in fraud, [corruption] an offence referred to in Part 1 to 4, or section 17, 20 or 21 (in so far as it relates to the aforementioned offences) of Chapter 2 of the Provention and Combating of Corrupt Activities Act, 2004, or maladministration, or is of the opinion that the allegation is of such a nature that it justifies further action, he or she shall, subject to subsection (5 appoint a commission of inquire in terms of the respective provincial laws to inquire into the matter: Provided that in the absence of a provincial law relating to a commission of inquiry, the provisions of sections 2, 3, 4, 5 and 6 of the Commissions Act, 1947 (Act 8 of 1947), and the regulations made thereunder, shall with the necessary changes apply to the municipality concerned in so far as they are applicable to the functions of the municipality.".3. Section 10H is hereby amended by the substitution for subsection (6) of the following subsection:"(6) If the MEC, after considering a report referred to in subsection (4) or a report of a commission contemplated in subsection (5), is of the opinion that a council, a member or a chief executive officer or employee either intentionally acted unlawfully or is responsible for any act or omission which has resulted or may result in fraud, [corruption] an offence referred to in Part 1 to 4, or section 17, 20 or 21 (in so far as it relates to the aforementioned offences) of Chapter 2 of the Prevention and Combating of Corrupt Activities Act, 2004, or maladministration, he or she may take such steps as he or she may deem necessary so as to deal with the matter.".
Act 23 of 1994	Public Protector Act	Section 6 is hereby amended by the substitution for subparagraph (iii) of paragraph (a) of subsection (4) of the following subparagraph:"(iii) Improper or dishonest act or omission or [corruption] offences referred to in Part 1 to 4, or section 17, 20 or 21 (in so far as it relates to the aforementioned offences) of Chapter 2 of the Prevention and Combating of Corrupt Activities Act, 2004, with respect to public money".
Act 40 of 1994	Intelligence Services Control Act	Section 7 is hereby amended by the substitution for paragraph (cA) of sub-section (7) of the following paragraph:"(cA) to receive and investigate complaints from members of the public and members of the Services on alleged maladministration, abuse of pow er transgressions of the Constitution, laws and policies referred to in paragraph (a), [corruption] the commission of an offences referred to in Part 1 to 4, or section 17, 20 or 21 (in so far as it relates to the aforementioned offences) of Chapter 2 of the Prevention and Combating of Corrupt Activities Act, 2004, and improper enrichment of any person through an act or omission of any member;".
Act 66 of 1995	Labour Relations Act	Section 145 is hereby amended by the substitution for paragraphs (a) and (b)of subsection (1) of the following paragraphs:"(a) within six weeks of the date that the award was served on the applicant, unless the alleged defect involves [corruption] the commission of an offence referred to in Part 1 to 4, or section 17, 20 or 21 in so far as it relates to the aforementioned offences) of Chapter 2 of the Prevention and Combating of Corrupt Activities Act, 2004: or(b) if the alleged defect involves [corruption) an offence referred to in paragraph (a), within six weeks of the date that the applicant discovers [the corruption] such offence.".
Act 67 of 1995	Development Facilitation Act	1. Section 8 is hereby amended by the substitution for paragraph (d) of subsection (2) of the following paragraph:"(d) he or she is convicted of an offence involving dishonesty or [corruption] an offence referred to in Part 1 to 4, or section 17, 20 or 21 (in so far as it relates to the aforementioned offences, of Chapter 2 of the Prevention and Combating of Corrupt Activities Act, 2004, or sentenced to imprisonment without the option of a fine: or".2. Section 15 is hereby amended by the substitution for subparagraph (iv) of paragraph (b) of subsection (6) of the following subparagraph:"(iv) he or she is convicted of an offence involving dishonesty, or [corruption] an offence referred to in Part 1 to 4, or, section 17, 20 or 21 (in so far as it relates to the aforementioned offences) of Chapter 2 of the Prevention and Combating of Corrupt Activities Act, 2004, or sentenced to imprisonment without the option of a fine: 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 No. 6 of 1958), the Corruption Act, 1992 (Act 94 of 1992), Part 1 to 4, or section 17, 20 or 21 (in so far as it relates to the aforementioned offences) of Chapter 2 of the Prevention and Combating 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 No. 6 of 1958), the Corruption Act, 1992 (Act No. 94 of 1992), or Part 1 to 4, or section 17, 20 or 21 (in so far as it relates to the aforementioned offences) of Chapter 2 of the Prevention and Combating of Corrupt Activities Act, 2004;".
Act 74 of 1996	Special Investigating Units and Special Tribunals Act	Section 2 is hereby amended by the substitution for paragraph (f) of subsection (2) of the following paragraph:"(f) [corruption] offence referred to in Part 1 to 4, or section 17, 20 or 21 (in so far as it relates to the aforementioned offences) of Chapter 2 of the Prevention and Combating of Corrupt Activities Act, 2004, and which offences was committed in connection with the affairs of any State institution; or".
Act 57 of 1997	Lotteries Act	1. Section 3 is hereby amended by—(a) the substitution tor 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), Part 1 to 4, or section 17, 20 or 21 (in so far as it relates to the aforementioned offences) of Chapter 2 of the Prevention and Combating of Corrupt Activities Act, 2004, or any offence involving dishonesty;(b) the substitution for subparagraph (i) of paragraph (c) of subsection (5) of the following subparagraph:"(i) being found guilty in a court of law of contravening this Act or of theft, fraud, forgery or uttering a forged document, perjure, an offence in terms of the Prevention of Corruption Act, 1958 (Act No. 6 of 1958), the Corruption Act, 1992. Part 1 to 4, or section 17, 20 or 21 (in so far as it relates to the aforementioned offences) of Chapter 2 of the Prevention and Combating 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 the Prevention of Corruption Act, 1958 (Act No. 6 of 1958), the Corruption Act, 1992. Part 1 to 4, or section 17, 20 or 21 (in so far as it relates to the aforementioned offences) of Chapter 2 of the Prevention and Combating 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 No. 6 of 1958), the Corruption Act, 1992, Part 1 to 4, or section 17, 20 or 21 (in so far as it relates to the aforementioned offences) of Chapter 2 of the Prevention and Combating 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.2. PART II of Schedule 2 is hereby amended by the substitution of the words preceding paragraph (a) in the last offence of PART II of the following words:"Any offence relating to exchange control, [corruption] extortion, fraud, forgery, uttering, [or] theft, or an offence in Part 1 to 4, or section 17, 20 or 21 (in so far as it relates to the aforementioned offences) of Chapter 2 of the Prevention and Combating of Corrupt Activities Act, 2004—",
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 No. 6 of 1958), the Corruption Act, 1992 (Act 94 of 1992), Part 1 to 4, or section 17, 20 or 21 (in so far as it relates to the aforementioned offences) of Chapter 2 of the Prevention and Combating of Corrupt Activities Act, 2004, the Companies Act, 1973, or of contravening this Act;".
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 No. 6 of 1958), the Corruption Act, 1992 (Act No. 94 of 1992). Part 1 to 4, or section 17, 20 or 21 (in so far as it relates to the aforementioned offences) of Chapter 2 of the Prevention and Combating of Corrupt Activities Act, 2004, or any other offence involving dishonesty; or".
Act 112 of 1998	Witness Protection Act	The Schedule to the Act is hereby amended by the substitution for the words proceeding paragraph (a) in item 14 of the following words:"Any offence relating to exchange control, [corruption] extortion, fraud, forgery, uttering, [or] theft, or an offence referred to in Part 1 to 4, or section 17, 20 or 21 (in so far as it relates to the aforementioned offences) of Chapter 2 of the Prevention and Combating of Corrupt Activities Act, 2004.".
Act 121 of 1998	Prevention of Organised Crime Act	Schedule 1 to the Act is hereby amended by the substitution for item 12 of the following item:"12. any offence contemplated in Part 1 to 4, or section 17, 18, 20 or 21 (in so far as it relates to the aforementioned offences) of Chapter 2 of the Prevention and Combating of Corrupt Activities Act, 2004;".
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 No. 6 of 1958), the Corruption Act 1992 (Act 94 of 1992). Part 1 to 4, or section 17, 20 or 21 (in so far as it relates to the aforementioned offences) of Chapter 2 of the Prevention and Combating of Corrupt Activities Act, 2004, or any offence involving dishonesty, and has been sentenced therefor to imprisonment without the option of a fine.".
Act 132 of 1998	South African Medicines and Medical Devices Regulatory Authority Act	Section 8 is hereby amended by the substitution for subparagraph (i) of paragraph (j) of subsection (1) of the following subparagraph:"(i) theft, fraud, forgery or uttering a forged document, perjury, an offence in terms of the Prevention of Corruption Act, 1958 (Act No. 6 of 1958) the Corruption Act, 1992 (Act 94 of 1992). Part 1 to 4, or section 17, 20 or 21 (in so far as it relates to the aforementioned offences) of Chapter 2 of the Prevention and Combating of Corrupt Activities Act, 2004, or any other offence involving dishonesty;".
Act 4 of 1999	Broadcasting Act	Section 16 is hereby amended by the substitution for subparagraph (i) of paragraph (d) of subsection (1) of the following subparagraph:"(i) in the Republic, of theft, fraud, forgery and uttering a forged document, perjury, or an offence in terms of the Prevention of Corruption Act, 1958 (Act No. 6 of 1958) the Corruption Act, 1992 (Act 94 of 1992). Part 1 to 4, or section 17, 20 or 21 (in so far as it relates to the aforementioned offences) of Chapter 2 of the Prevention and Combating of Corrupt Activities Act, 2004.;".
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 any offence in terms of the Prevention of Corruption Act, 1958 (Act No. 6 of 1958), the Corruption Act, 1992 (Act 94 of 1992), Part 1 to 4, or section 17, 20 or 21 (in so far as it relates to the aforementioned offences) of Chapter 2 of the Prevention and Combating of Corrupt Activities Act, 2004, the Companies Act, 1973 (Act 61 of 1973), or this Act;".
Act 13 of 2000	Independent Communications Authority of South Africa Act	Section 6 is hereby amended by the substitution for subparagraph (i) of paragraph (j) of subsection (1) of the following subparagraph:"(i) theft, fraud, forgery or uttering a forged document, perjury, an offence in terms of the Prevention of Corruption Act, 1958 (Act No. 6 of 1958), the Corruption Act, 1992 (Act 94 of 1992). Part 1 to 4, or section 17, 20 or 21 (in so far as it relates to the aforementioned offences) of Chapter 2 of the Prevention and Combating of Corrupt Activities Act, 2004, or any other offence involving dishonesty; or".
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 paragraph:"(a) is convicted, whether in the Republic or elsewhere, of theft, fraud, forgery or uttering a forged document, perjury, or any offence involving dishonesty or of any offence in terms of the Prevention of Corruption Act, 1958 (Act No. 6 of 1958), the Corruption Act, 1992 (Act 94 of 1992), Part 1 to 4, or section 17, 20 or 21 (in so far as it relates to the aforementioned offences) of Chapter 2 of the Prevention and Combating of Corrupt Activities Act, 2004, or the Companies Act, 1973 (Act 61 of 1973), or of contravening this Act:".
Act 63 of 2000	Home Loan and Mortgage Disclosure Act	Section 8 is hereby amended by the substitution for subparagraph (i) of paragraph (e) of subsection (2) of the following subparagraph:"(i) an offence involving dishonesty or [corruption] an offence referred to in Part 1 to 4, or section 17, 20 or 21 (in so far as it relates to the aforementioned offences) of Chapter 2 of the Prevention and Combating of Corrupt Activities Act, 2004; or".
Act 56 of 2001	Private Security Industry Regulation Act	The Schedule to the Act is hereby amended by the substitution for the offence mentioned in the 26th line of the following offence:"[Corruption in terms of statutory law] An offence referred to in Part 1 to 4, or section 17, 20 or 21 (in so far as it relates to the aforementioned offences) of Chapter 2 of the Prevention and Combating of Corrupt Activities Act, 2004.".
Act 13 of 2002	Immigration Act	Schedule 11 to the Act is hereby amended by the substitution for the offence "Corruption" of the following offence:"An offence referred to in Part 1 to 4, or section 17, 20 or 21 in so far as it relates to the aforementioned offences) of Chapter 2 of the Prevention and Combating of Corrupt Activities Act, 2004".
Act 14 of 2002	Media Development and Diversity Agency Act	Section 5 is hereby amended by the substitution for paragraph (c) 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 No. 6 of 1958), the Corruption Act, 1992 (Act 94 of 1992). Part 1 to 4, or section 17, 20 or 21 (in so far as it relates to the aforementioned offences) of Chapter 2 of the Prevention and Combating of Corrupt Activities Act, 2004, or any other offence involving dishonesty.".
Act 15 of 2002	Land and Agricultural Development Bank Act	Section 10 is hereby amended by the substitution for subparagraph (i) of paragraph (d) of the following subparagraph:"(i) in the Republic of theft, perjury, or an offence in terms of the Prevention of Corruption Act, I958 (Act No. 6 of 1958), the Corruption Act, 1992 (Act 94 of 1992). Part 1 to 4, or section 17, 20 or 21 (in so far as it relates to the aforementioned offences I of Chapter 2 of the Prevention and Combating of Corrupt Activities Act, 2004:".
Act 70 of 2002	Regulation of Interception of Communications and Provision of Communication related Information Act, 2002	The Schedule to the Act is hereby amended by the substitution tor item 12 of the following item:"12. any offence contemplated in [section 1(1) of the Corruption Act, 1992 (Act 94 of 1992),] Part 1 to 4, or section 17, 20 or 21 (in so far as it relates to the aforementioned offences) of Chapter 2 of the Prevention and Combating of Corrupt Activities Act, 2004:".

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History of this document

03 April 2024

Amended by Judicial Matters Amendment Act, 2023

Commenced

Read this version

14 September 2012 this version

Amended by South African Police Service Amendment Act, 2012

09 August 2010

Amended by Jurisdiction of Regional Courts Amendment Act, 2008

Read this version

17 February 2009

Amended by Judicial Matters Amendment Act, 2008

Commenced

Read this version

31 July 2004

Commenced

Note: Date of commencement of section 34(2)

28 April 2004

Published in Government Gazette 26311

Read this version

27 April 2004

Assented to

Commenced

Note: Date of commencement of whole Act, except section 34(2)

Cited documents 38

Act 38

1.	Constitution of the Republic of South Africa, 1996	12690 citations
2.	Local Government: Municipal Structures Act, 1998	4531 citations
3.	Criminal Procedure Act, 1977	4114 citations
4.	Labour Relations Act, 1995	2425 citations
5.	Restitution of Land Rights Act, 1994	1741 citations
6.	Income Tax Act, 1962	1717 citations
7.	Supreme Court Act, 1959	1545 citations
8.	Prevention of Organised Crime Act, 1998	1227 citations
9.	Development Facilitation Act, 1995	1062 citations
10.	Competition Act, 1998	919 citations

Documents citing this one 400

Gazette 265

1.	Eastern Cape Provincial Gazette dated 2013-01-30 number 2888
2.	Eastern Cape Provincial Gazette dated 2013-07-25 number 2992
3.	Eastern Cape Provincial Gazette dated 2015-04-29 number 3385
4.	Eastern Cape Provincial Gazette dated 2016-03-04 number 3618
5.	Eastern Cape Provincial Gazette dated 2019-03-04 number 4200
6.	Eastern Cape Provincial Gazette dated 2021-07-09 number 4588
7.	Free State Provincial Gazette dated 2010-02-04 number 104
8.	Free State Provincial Gazette dated 2010-06-08 number 37
9.	Free State Provincial Gazette dated 2022-09-09 number 52
10.	Free State Provincial Gazette dated 2024-05-10 number 12

Judgment 96

1.	Glenister v President of the Republic of South Africa and Others [2011] ZACC 6 (17 March 2011)	48 citations
2.	Economic Freedom Fighters v Speaker of National Assembly and Others; Democratic Alliance v Speaker of National Assembly and Others [2016] ZACC 11 (31 March 2016)	40 citations
3.	Thint (Pty) Ltd v National Director of Public Prosecutions and Others; Zuma and Another v NDPP and Others [2008] ZACC 13 (31 July 2008)	28 citations
4.	Mulaudzi v Old Mutual Life Insurance Company (South Africa) Limited and Others, National Director of Public Prosecutions and Another v Mulaudzi (210/2015; 98/2016) [2017] ZASCA 88 (6 June 2017)	26 citations
5.	Shaik and Others v S (CCT 86/06) [2007] ZACC 19 (2 October 2007)	24 citations
6.	Union of Refugee Women and Others v Director: Private Security Industry Regulatory Authority and Others (CCT 39/06) [2006] ZACC 23 (12 December 2006)	21 citations
7.	Ntlemeza v Helen Suzman Foundation and Another (402/2017) [2017] ZASCA 93 (9 June 2017)	17 citations
8.	Helen Suzman Foundation v President of the Republic of South Africa and Others; Glenister v President of the Republic of South Africa and Others [2014] ZACC 32 (27 November 2014)	14 citations
9.	Public Protector v Mail and Guardian Ltd and Others (422/2010) [2011] ZASCA 108 (1 June 2011)	11 citations
10.	Minister of Home Affairs and Others v Tsebe and Others, Minister of Justice and Constitutional Development and Another v Tsebe and Others [2012] ZACC 16 (27 July 2012)	7 citations

Act 32

1.	Income Tax Act, 1962	1717 citations
2.	Pension Funds Act, 1956	1604 citations
3.	Prevention of Organised Crime Act, 1998	1227 citations
4.	National Credit Act, 2005	701 citations
5.	Skills Development Act, 1998	612 citations
6.	Trust Property Control Act, 1988	336 citations
7.	Financial Markets Act, 2012	223 citations
8.	National Prosecuting Authority Act, 1998	221 citations
9.	Financial Sector Regulation Act, 2017	130 citations
10.	Child Justice Act, 2008	129 citations

Provincial Notice 3

1.	Regulations Relating to the Kwazulu-Natal Joint Municipal Pension Fund (Retirement), 2019
2.	Regulations Relating to the Kwazulu-Natal Joint Municipal Pension Fund (Superannuation), 2019
3.	Regulations Relating to the Kwazulu-Natal Joint Municipal Provident Fund, 2019

Board Notice 1

1.	Determination of Fit and Proper Requirements, 2017	1 citation

By-law 1

1.	Special Rating Area By-law, 2019

Law Reform Report 1

1.	Investigation into Legal Fees - Including Access to Justice and Other Interventions - Project 142

Proclamation 1

1.	Referral of Matters to Existing Special Investigating Unit:	1 citation

Prevention and Combating of Corrupt Activities Act, 2004

Act 12 of 2004

Prevention and Combating of Corrupt Activities Act, 2004

Collections

Related documents

Prevention and Combating of Corrupt Activities Act, 2004

Act 12 of 2004

Chapter 1Definitions and interpretation

1. Definitions

2. Interpretation

Chapter 2Offences 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 foreign public officials

6. Offences in respect of corrupt activities relating to agents

7. Offences in respect of corrupt activities relating to members of legislative authority

8. Offences in respect of corrupt activities relating to judicial officers

9. Offences in respect of corrupt activities relating to members of prosecuting authority

Part 3 – Offences in respect of corrupt activities relating to receiving or offering of unauthorised gratification

10. Offences of receiving or offering of unauthorised gratification by or to party to an employment relationship

Part 4 – Offences in respect of corrupt activities relating to specific matters

11. Offences in respect of corrupt activities relating to witnesses and evidential material during certain proceedings

12. Offences in respect of corrupt activities relating to contracts

13. Offences in respect of corrupt activities relating to procuring and withdrawal of tenders

14. Offences in respect of corrupt activities relating to auctions

15. Offences in respect of corrupt activities relating to sporting events

16. Offences in respect of corrupt activities relating to gambling games or games of chance

Part 5 – Miscellaneous offences relating to possible conflict of interest and other unacceptable conduct

17. Offence relating to acquisition of private interest in contract, agreement or investment of public body

18. Offences of unacceptable conduct relating to witnesses

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

Part 6 – Other offences relating to corrupt activities

20. Accessory to or after offence

21. Attempt, conspiracy and inducing another person to commit offence

Chapter 3Investigations regarding possession of property relating to corrupt activities

22. Investigation regarding property relating to corrupt activities

23. Application for, and issuing of investigation direction in respect of possession of property disproportionate to a person’s present or past known sources of income or assets

Chapter 4Presumptions and defences

24. Presumptions

25. Defences

Chapter 5Penalties and related matters

26. Penalties

27. Authorisation by National Director, Deputy National Director or Director to institute proceedings in respect of certain offences

28. Endorsement of Register

Chapter 6Register for tender defaulters

29. Establishment of Register

30. Designation of Registrar

31. Powers, duties and functions of Registrar

32. Access to Register

33. Regulations pertaining to Register

Chapter 7Miscellaneous matters

34. Duty to report corrupt transactions

35. Extraterritorial jurisdiction

36. Repeal and amendment of laws and transitional provisions

37. Short title and commencement

Schedule

Laws repealed or amended by Section 36

History of this document

03 April 2024

14 September 2012 this version

09 August 2010

17 February 2009

31 July 2004

28 April 2004

27 April 2004

Related documents

Amends

Is amended by

Cited documents 38

Act 38

Documents citing this one 400

Gazette 265

Judgment 96

Act 32

Provincial Notice 3

Board Notice 1

By-law 1

Law Reform Report 1

Chapter 1
Definitions and interpretation

Chapter 2
Offences in respect of corrupt activities

Chapter 3
Investigations regarding possession of property relating to corrupt activities

Chapter 4
Presumptions and defences

Chapter 5
Penalties and related matters

Chapter 6
Register for tender defaulters

Chapter 7
Miscellaneous matters