Prevention and Combating of Corrupt Activities Act

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 specijic matters 5

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 10

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 15 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 ogence or obstructing of investigation of 20 Part 6: Other offences relating to corrupt activities

20. Accessory to or after an offence

21. Attempt. conspiracy and inducing another person to commit offence CHAPTER 3 3 INVESTIGATIONS REGARDING POSSESSION OF PROPERTY RELATING TO CORRUPT ACTIVITIES 22.

23. Application Investigations regarding property relating to corrupt activities for. and issuing of investigation direction in respect of possession of property disproportionate to a person's present or past known sources of 30 Income or assets CHAPTER 4 PRESUMPTIONS AND DEFENCES Presumptions 24. 25. Defences CHAPTER 5 PENALTIES AND RELATED MATTERS 35 26. Penalties

27. Authorisation by National Director, Deputy National Director proceedings institute

28. Endorsement in respect of certain offences of Register. or Director to 40 8 ~ No. 26311 ~~~ GOVERNMENT GAZETTE. 28 APRIL 2004 Act No. 12,2004 PREVENTION AND COMBATING OF CORRUPT ACTIVITIES ACT, 2004 CHAPTER 6 REGISTER FOR TENDER DEFAULTERS 29. 30. 31. 32. 33. Establishment of Register Designation of Registrar Powers, duties and functions of Registrar Access to Register Regulations pertaining to Register CHAPTER 7 MISCELLANEOUS MATTERS 34. 35. 36. 37. Duty to report corrupt transactions Extraterritorial jurisdiction Repeal and amendment of laws and transitional provisions Short title and commencement SCHEDULE CHAPTER 1 5 10 15 DEFINITIONS AND INTERPRETATION Definitions

27. The institution of a prosecution for an offence referred to in section 17( 1 ).33( 7 ) l b / the National Director. a Deputy National or 34(2). must be authorised in writing by Director of Public Prosecutions or the Director of Public Prosecutions concerned and 30 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 o,r through a legal representative- (a) in the case of section 17( l ) , 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). Endorsement of Register 28. (1) ( a ) A court convicting a person of an offence contemplated in wction I2 or 13. may, in addition to imposing any sentence contemplated in section 26. issue an order that- the (i) the particulars of the convicted person; (ii) (iii) any other order of the court consequent thereupon, sentence; conviction and and 35 10 45 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 50 or partly exercises or may exercise control over that enterprise and who was A d NO. 12,2004 PREVENTION AND COMBATING OF CORRI'PT ACTIVITIES ACT, 2004 involved in the offence concerned or who knows or ought reasonably to habe known or suspected that the enterprise committed the offence concerned: ~ m d the conviction, sentence thereupon, of the court consequent and any other order (iii) on be endorsed the Register. (c) The court may also issue an order contemplated in paragraph ( r r i 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 wholl), or partly exercises or may exercise control over such other enterprise. and which- ( u a ) enterprise, partner. manager, offence concerned; or director or other person was invol\,ed i n the 5 10 (bb) partner, manager, director or other person knew or ought reasonably t o h a x in the offence known or suspected that such other enterprise was involved concerned. 15 ( d ) Whenever the Register is endorsed as contemplated in paragraph (a). ( h ) or (<'). the endorsement applies, unless the court directs otherwise. to be established in the future, and which enterprise will be wholly or partly controlled or o,wned by the person or enterprise so convicted or endorsed. and the Registrar must. in enterprise, such respect of every the Register accordingly. to every enterprise endorse ( 2 ) Where a court has issued an order under subsection (1 ). the registrar or clerk of Registrar and the Registrar m u \ t such court must forthwith forward the court order to the forthwith endorse the Register accordingly, 2 0 (3) (u) 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 2.5 imposed: (i) The National Treasury may terminate any agreement with the person or enterprise referred to in subsection ( I ) ( a ) or f b J : Provided that- (aa) in considering the termination of an agreement, the National Treasury must take into account. among others. the following factors. namely- ( m a ) the extent and duration of the agreement concerned: (bbb) whether it is likely to conclude a similar agreement with another 30 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 35 the agreement; (eee) whether extreme costs will follow such termination: and ($s) 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 10 Department, such restriction may only with the purchasing authority or Government Department concerned; be imposed after consultation (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 ) ( N ) . f b ) . ( c ) or 15 (d) must remain in the Register and during such period no offer in respect o f 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 5 0 to in subsection ( l ) ( a ) , (b), ( c ) or (d); or (bb) disqualify any person or enterprise referred to subsection ( ] ) ( a ) , ( h ) , (L') or (d), from making any offer or obtaining any agreement relating to the procurement of a specific supply or service. 55 4 8 No. 26311 Act No. 12,2004 GAZETTE. GOVERNMENT 28 APRIL 2004 PREVENTION AND COMBATING OF CORRUPT ACTIVITIES ACT. 2004 ( 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 (l), the National Treasury must, if necessary, amend the restrictions imposed under paragraph ( a ) accordingly. 5 (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 or agreement; conclusion of the (ii) which the State may suffer thereafter. (4) The National Treasury- by having to make less favourable arrangements (ii); or (3)(a)(i) and (a) may at any time vary or rescind any restriction imposed under subsection 10 1s (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- 20 (a) the person whose particulars have been ( b ) any purchasing authority on which (c) all Government departments, so endorsed; it may decide; and of any resolution or decision relative to such restriction or the amendment or rescinding thereof, and request such authorities and departments to take similar 25 (6) ( a ) Any person whose particulars, conviction and sentence have been endorsed on steps. 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. (61 Any person who fails to comply with paragraph (7) For purposes of this section- (a), is guilty of an offence. 30 (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, 35 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. 40 CHAPTER 6 REGISTER FOR TENDER DEFAULTERS Establishment of Register .29. 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. 45 Designation of Registrar

1. In this Act. unless the context indicates otherwise- (i) “agent” means any authorised representative who acts on behalf of his or her principal and includes a director, officer, employee or other person authorised 20 to act on behalf of his or her principal, and “agency” has a corresponding meaning; (ii) “animal” means any living vertebrate member of the animal kingdom. domestic or wild. but does not include a human being; (iii) “business” means any business, trade, occupation, profession, calling. 25 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; (iv) “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 ac- counts or extension of credit; (b) any agency or (c) any act which results in grant of power of attorney; or 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; 30 35 (v) “foreign public official” means- ( a ) any person holding a foreign state; legislative, administrative or judicial office of a 40 ( 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; 45 (vi) “foreign state” means any country other than South Africa, and includes- (a) any foreign territory; (b) all levels and territory; or subdivisions of government of any such country or (c) any agency of any such country or territory or of a political subdivision 50 of any such country or territory; 10 No. 26311 Act No. 12,2004 GOVERNMENT GAZETTE. 28 APRIL 2004 PREVENTION AND COMBATING OF CORRUPT ACTIVITIES ACT. 2004 (vii) “gambling game” means any gambling game as defined in section 1 of the National Gambling Act, 1996 (Act No. 33 of 1996); (viii) “game of chance”, includes a lottery, lotto, numbers game. scratch game. sweepstake, or sports pool; (ix) “gratification”, includes- ( a ) money, whether in cash or otherwise; ( h ) any donation, gift, loan, or interest in property of any description, whether movable or immovable, or any other similar advantage; fee, reward, valuable security, property ((I) the avoidance of a loss, liability, penalty, forfeiture. punishment or other disadvantage; ((1) 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 i any right or privilege; (ii any real or pretended aid, vote, \.oting: or consent. influence or abstention from (ji any valuable consideration or benefit of any kind, including any discount. commission, rebate, bonus. deduction or percentage; (x) “induce” includes to persuade, encourage. coerce, intimidate or threaten or cause a person, and “inducement” has a corresponding meaning; (xi) “judicial officer” means- (0) any constitutional court judge or any other judge as defined in section 1 of the Judges‘ Remuneration and Conditions of Employment Act, 200 I (Act No. 47 of 2001); ( b ) a judge of the Labour Court appointed under section 153( l ) ( a ) or (h). (31 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. 32 of 1994); (d) any judge of the Competition Appeal Court appointed under 36(2) of the Competition Act, 1998 (Act No. 89 of 1998); section ( e , a judge or additional member appointed under section 7 of the Special (Act No. 73 of Investigating Units and Special Tribunals Act, 1996 1996), to a Special Tribunal established in terms of section 2 of that Act; 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; officer or member of the court of marine enquiry. cfl the presiding (gJ any presiding officer appointed under section 10(3)(b) of the Adminis- tration Amendment Act, 1929 (Act No. 9 of 1929). to a divorce court established in terms of section 10( 1) of that Act; ( 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); 12 No. 26311 Act No. 12,2004 GOVERNMENT GAZETTE, 28 APRIL 2004 PREVENTION AND COMBATING OF CORRUPT ACTIVITIES ACT, 2004 ( 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 5 and Mediation in Certain Civil Cases Act, 1991 (Act No. 103 of 1991): (1) 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; 10 ( n ) any other person who presides at commission. committee or any other proceedings and who has the authority to decide causes or in a judicial capacity: or issues between parties and render decisions any trial, hearing, (0) any person contemplated in paragraphs (a) to (n) who has been appointed 15 in an acting or temporary capacity; (xii) “legislative authority”, means the legislative authority referred to in section 43 of the Constitution; (xiii) “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); 20 (xiv) “National Commissioner” means the National Commissioner of the South appointed in terms of section 207(1) of the African Police Service Constitution; (xv) ‘*National Director” means the National Director of Public Prosecutions 25 appointed in terms of section 179(1) of the Constitution; (xvi) “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; (xvii) “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; 30 (xviii) “police o5cial” 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); 35 (xix) “principal”, includes- ( ( 1 ) any employer; ( h ) any beneficiary under a trust and any trust estate; ( c ) the estate of a deceased person and any person with a beneficial interest 40 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; 45 (xx) ‘‘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; (6) 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; 50 55 (xxi) “property” means money or any other movable, immovable, corporeal or 60 incorporeal thing, whether situated in the Republic or elsewhere and includes any rights, privileges, claims, proceeds thereof; securities and any interest therein and ail I1 No. 263 I 1 Act No. 12,2004 GOVERNMENT GAZETTE. 28 APRIL 200-1 PREVENTION AND COMBATING OF CORRUPT ACTIVITIES ACT. 2004 (xxii) “public body” means- (17) any department of state or administration in the national or provincial in the local sphere of sphere of government or any municipality 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 (xxiii) “public international organisation” means- terms of any legislation; ( 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 I C ) an organisation that is- 5 10 15 (i) an organ of. or office within. an organisation described in paragraph 20 ( a ) or (b): (ii) a commission. council or other body established by an orfanisation or organ referred to in subparagraph (i); or (hi) 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): 25 (xxiv) “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 X( 1 ) of the Public Service Act. 1994 (Proclamation No. 103 of 1994): ( b ) any person receiving any remuneration (c) where the public body is a corporation, the person who is incorporated as from public funds: or such, but does not include any- ( a ) member of the legislative authority; Ib) judicial officer; or ( c ) member of the prosecuting authority; (xxv) “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 (xxvi) “valuable security” means any document- 3 0 35 40 ( a ) creating, transferring, surrendering or releasing any right to. in or over 45 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. 50 Interpretation 2. (1) For purposes of this Act a person is regarded as having knowledge of a fact if- (a) that person has actual knowledge of the fact; or (b) the court is satisfied that- (i) the person believes that there is a reasonable possibility of the existence 55 (ii) of that fact; and the person has failed to obtain information to confirm the existence of that fact, and “knowing” shall be construed accordingly. I O No. 7631 I Act No. 12. 2004 GOVERNhlENT GXZETTt. 25 APKII. 2004 ~~~ ~~ PREVENTIOS AND COMBATING OF CORRCPT ACTIVITIES ACT, 2004 ( 7 ) 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 \ ~ . o u l r l ha\.e been reached by a reasonably diligent and vigilant person having both- ( a ) the general knowledge. skill, training and experience that may r e a w u h l ! he expected of a person in his or her position; and ( b ) the general knowledge. skill, training and experience that he or she i n fact has. ( 3 ) f a ) A reference in this Act to accept or agree or offer to accept any gratitication. includes to-- (i) demand. ask for. seek. request, solicit. receive or obtain: (ii) agree to demand. ask for. (iii) offer to demand. ask for. seek, request. solicit. receive or obtain. seek, request, solicit. receive or obtain: oI any gratification. (6) A reference in this Act to give or agree or offer to give any gratification. includrs to- confer ( i ) promise. lend, grant. ( i i ) agree to lend, grant. confer or procure: or ( i i i ) offer to lend, grant. confer or procure, or procure: such gratification. > I O 15 ( 3 ) A reference in this Act to any act, include\ an omission and "acting" h d I accordingly. 2 0 bt. construed ( 5 ) A reference in this Act to any person includes a person in the pri\xte sector. CHAPTER 2 OFFENCES IN RESPECT OF CORRUPT ACTIVITIES Part I : General offence of corruptiorl offence General of corruption 25

3. Any person who. directly or indirectly- I N ) acc'epts or agrees o r offers to accept an!' gratification from any other person. n.hether for the benefit of himself o r her\elf or for the benefit of another person: or ( 1 2 ) gives or agrees or offers to give to any other person any gratification. \ \ ~ h c t h e ~ ~ 3 0 for the benetit of that other person or for the benefit of another perwn. i n order to act. personally or by influencing another person so to act. i n it m;tnncI-- that amounts to the- ( n u ) illegal. dishonest. unauthorised. incomplete. or biased: o r (6hJ misuse or selling of information or material acquired i n the course 35 of the, exercise, carrying out or performance of any polvers, duties o r tunction\ arising out of a constitutional. statutor): contractual or an) other legal obligation: that amounts to- ( n r r ) the abuse of a position of authority: (1717) a breach of trust; or (cc) the violation of a legal duty or a set of rules: designed to achieve an unjustified result: or that amounts to any other unauthorised or improper inducement to do or 45 not to do anything. 40 is guilty of the offence of corruption Part 2: Offences in respect of corrupt activities relating to specijic persom Offences in respect of corrupt activities relating to public officers 4. ( 1 ) Any-- ( a ) public officer who, directly or indirectly. accepts or agrees or offers to accept any gratification from any other person, whether for the benefit of himself or herself or for the benefit of another person; or SO ( 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 55 for the benefit of another person, .. . .. 18 No. 26311 Act No. 12,2004 GOVERNMENT GAZETTk. ZS .APRIL 2001 PREVENTION AND COMBATING OF CORRUPT ACTIVITIES ACT. 2004 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 or any other legal arising out of a constitutional, statutory, contractual obligation; (ii) that amounts t e - ( a a ) 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 (iv) that amounts to any other unauthorised or improper inducement to do or not to to achieve an unjustified result: or 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- 5 I 0 15 ( 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 20 act; Id) 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 25 transaction of any business with a public body; ( j j 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 30 her position for purposes of administration. custody or for any other reason, to another person; or (hi exerting any improper influence over the decision making of any person performing functions in a public body. Offences in respect of corrupt activities relating to foreign public officials 35 illegal, dishonest. unauthorised, incomplete, or biased: or 5. (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- that amounts to the- (i) (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: 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; designed to achieve that amounts to any other unauthorised or improper inducement to do or not to do anything, of the offence of corrupt activities relating to foreign public officials. result; unjustified an or 40 4s 50 20 No. 263 1 I Act No. 12,2004 GOVERNMENT G;\ZI!TT€-.. 2S .-lPKlL 7004 PREVENTION AND COMBATING OF CORRUPT ACTIVITIES ACT. 2004 ( 2 ) Without derogating from the generality of section 2(4). "to act" in subsection ( I 1 includes- ( a i the using of such foreign public official's or such others person.5 pohition t o influence any acts or decisions of the foreign state organisation concerned; or or public international ( 0 ) obtaining or retaining a contract, business or an advantage i n the conduct of business of that foreign state or public international organisation. Offences in respect of corrupt activities relating to agents

6. Ally- directly who. l r r ) agent or indirectly- 5 I O ( i ) accepts or agrees or offers to accept any gratification from an! other person. whether for the benefit of himself or herself or for the benetit of another person: or ( i i ) gives or agrees or offers to give to any person any gratification. \vhether for the benetit of that person or for the benetit of another person: or I5 ( h l 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 benetit of another person: or ( i i ) gives or agrees or offers to give any gratification to an agent. whether for 2 0 the benefit of that agent or for the benetit of another person. in order to act. personally or by influencing another person so to act. in a manne1-- ( ( I N ) that amounts to the- ( m o ) illegal. dishonest. unauthorised. incomplete. or biased: or ( h h b ) misuse or selling of information oI material acquired in the cour4r of 25 the, exercise. carrying out or performance of any powers. duties arising out of a constitutional. statutory. contractual obligation: ( h h l that amounts to- or function\ or any other legal 70 l c r r r a ) the abuse of a position of authority: (bO0) a breach of trust: or (ccr) the violation of :I legal duty or a set of rules: ( c c ) designed to achieve an unjustified result: or (dd) that amounts to any other unauthorised or improper inducement t o do o r not t o 35 do anything. is guilty of the offence of corrupt activities relating to agents. Offences in respect of corrupt activities relating to members of legislative authority 7. ( 1 ) Any- (0) member of the legislative authority who. directly or indirectly. accepts o r 40 agrees or offers to accept any gratification from any other person. whether for the benefit of himself or herself or for the benetit of another person; o r (bl person who. directly or agrees or offers to give any gratification to a member of the legislative authority. whether for the benefit of for that member the benefit of another in order to act, personally or by influencing another person so to act. in a manner- or indirectly. gives person, or JS (i) that amounts to the- f a a ) illegal, dishonest. unauthorised. incomplete, or biased: or fhb) misuse or selling of information or material acquired in the course of the. exercise. carrying out or performance of any powers. duties arising out obligation; (ii) that amounts to- statutory. contractual or any other legal of a constitutional. or functions S O 22 No. 2631 I Act No. 12,2004 GOVERNMENT GAZETTE. 25 .APRIL. 7004 PREVENTION AND COMBATING OF CORRUPT ACTIVITIES ACT. 2004 (aa) the abuse of a position of authority; (bbJ 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 t o do or not to do anything, is guilty of the offence of corrupt activities relating authority. to members of the legislative ( 2 ) Without derogating from the generality of section 2(4), “to act” in subsection (1) includes- ( a ) absenting himself or herself from; (bl voting at any meeting of; ( e ) 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 t o be elected, designated or appointed by, the legislative authority of which he or she is a member or of any committee o r joint committee of that legislative authority. Offences in respect of corrupt activities relating to judicial officers 20 8. ( 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 0 7 1 person who, directly or indirectly. gives or agrees or offers to give any 35 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- (acz) illegal, dishonest, unauthorised. incomplete, (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 statutory. contractual or an} other legal arising out of a constitutional, obligation; lii) that amounts to- or biased: or 3 0 35 (acr) the abuse of a position of authority; fbbl 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 ( i v ) that amounts to any other unauthorised or improper inducement to do or not to 10 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 ( b ) making decisions affecting life, freedoms. rights, duties. obligations and judicial function; property of persons: I C ) delaying. hindering or preventing the performance of a judicial function; (dl 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 (f! function: or of any person, exerting any improper influence over the decision making including another judicial officer or a member of the prosecuting authority, performing his or her official functions. 35 50 55 Art No. 12,2003 PREVENTION AND COMBATING OF CORRCPT ACTIVITIES ACT. 1003 Offences in respect of corrupt activities relating to members of prosecuting authority 9. ( 1 ) Any- ( a ) member of the prosecuting authority who, directly or indirectl!. accepts o r agrees or offers to accept any gratification from any other person. \I hethrr for the benefit of himself or herself or for the benefit of another person: (hl person who. directly or indirectly. gives or agrees or offer.; to $ \ e any gratification to a member of the prosecuting authorit). m,hether for the bcnetit of that member or for the benefit of another person, in order to act. personally or by influencing another person so to x t . i n ;I nunner- ( i ) that amounts to the- misuse or selling of information or material acquired i n the co~~rhe ol'thr. ( n a ) illegal. dishonest, unauthorised. incomplete, or biased: or I b b ) exercise. carrying out or performance of any powers. dutie4 o r function\ or an! other legal arising out of a constitutional. statutory. contractual obligation: ( i i ) that amounts t O - ( c u ) the abuse of a position of authorit).; I h h ) a breach of trust: or I C C ) the violation of a legal duty or a set of rules: ( i i i ) designed to achieve an unjustified result: or ( i v ) that amounts to any other unauthorised or improper inducement to d o or not t o do anything. is guilty of the offence of corrupt activities relating authority. to member\ of' thr prowcutin: ( 2 ) Without derogating from the generality of section 2(1). "to act" i n subsection ( 1 ) includes- ( a ) performing or not adequately performing a function relatins to t h t - (i) institution or conducting of criminal proceedings; (ii) carrying out of any necessary functions incidental conducting of such criminal proceedings: or to tht. in\tittltion or ( i i i ) continuation or discontinuation of criminal proceedinFs: ( 6 ) delaying. hindering or preventing the performance ofa prwxutorial funclion: ( c ) aiding or assisting any particular person in the periortnancc o l ;I funcrion relating to the institution or conducting of criminal proceedings: (el exerting any improper influence ( d ) showing any favour or disfavour to an!' person in the pertc)rmancr: (If ;I function relating to the institution or conducting of criminal proceedings: o r over the decision making of an! pcl-wn. including another member of the prosecuting authority or LI judicial oflicer. performing his or her official functions. Part 3: Offences in respect of corrupt activities relatiilg to receiving or offering of' mauthorised gratificatiorl Offences of receiving or offering of unauthorised gratification bJ- or t o party t o an employment relationship

10. Any person- 15 ( a ) who is party to an employment relationship and who. direct]) or indirectly. accepts or agrees or offers to accept from any other person an\' 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 50 is party to an employment relationship any unauthorised gratification. whether for the benefit of that party or for the benefit of another person. 26 No. 2631 I Act No. 12,2004 GOVERNMENT GAZETTE. 2s APRIL 2004 PREVENTION AND COMBATING OF CORRUPT ACTIVITIES ACT. 2004 in respect of that party doing any act in relation to the exercise, carryin, 0 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 speciJic matters 5 Offences in respect of corrupt activities relating to witnesses and evidential material during certain proceedings 11. (1) Any person who, directly or indirectly, accepts or agrees or offers to accept any gratification from any other person, whether for the benefit of himself or herself or for the benefit of another person. in return for- 10 ( a ) testifying in a particular way or fashion or in an untruthful manner i n 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, 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; or concealing a (e) giving or withholding information relating to or contained in a police docket; or to (f, evading legal process summoning that person to appear as a witness produce any record, document, police docket or other object at such trial. hearing or proceedings; or ( 8 ) 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 t o - ( a ) influence, delay or prevent the testimony of that person or another person as or other proceedings before any court. judicial any officer authorised by lau. to hear a witness in a trial, hearing officer, committee, commission or evidence or take testimony; or ( b ) cause or induce any person t o - (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, commit- tee, 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, 1s 2 0 25 30 35 1.0 35 50 is guilty of the offence of corrupt activities relating to witnesses and evidential material during certain proceedings. 55 ? X No. 2631 I Act No. 12.2004 C;OVERYMENT C;,.\%k.TTt 2S .APl<ll. 2004 PREVENTION AND COMBATING OF CORRUPT ACTIVITIES ACT. 2004 Offences in respect of corrupt activities relating to contracts 12. ( 1 ) Any person who, directly or indirectly- (a) accepts or agrees or offers to accept any gratification from any other person. u,hether for the benefit of himself or herself or for the benefit of that other person or of another person; or ( h i gives or agrees or offers to give to any other person any gratitication. M,hcther for the benefit of that other person or for the benefit of another perwn. ( i ) in order to improperly influence. in any way- ( 0 0 ) the promotion, execution or procurement of any contract \vith ;I corporate body or an!' other public body, private organisation. organisation or institution; or (00) the fixing of the price, consideration or other moneys stipulated or otherwise provided for in an). such contract; or is yuilty of the ( i i ) as a reward for acting as contemplated in paragraph ( r r ) . offence to contracts. of corrupt activities relating > I O 15 ( 2 ) An), person who. i n order to obtain or retain a contract with ;I public body or a s :I term of such contract, directly or indirectly. gi\es or agree5 or offer4 to gi\.c an! gratification to any other person. whether for the benefit of that other person or for thc benetit of another person- ( a i for the purpose of promoting, in any \\.a). the election of a candid;^ 0 1 - ;I 2 0 I / ? ) category or party of candidates to the legislative authority: or \vith the intent to influence or affect. i n an!' conducted for the purpose of electing persons legislative authority. \vay, the result of an election to servc as n~embers o f the is guilt!, of an offence. 'i -. Offences in respect of corrupt activities relating t o procuring and withdrawal of tenders 13. ( I )Any person who, directly or indirectly. accepts or agrees or offers to accept an! gratification from any other person. whether for the benefit of himself or herself o r f o r the benefit of another person. as- 30 ( a i an inducement to, personally or by influencing any other person so to :kc[- ( i ) aivard a tender. in relation to a contract for performing any w x k . providing any service. supplying any article, material or substance o r performing an!' other act. to a particular person: or ( i i ) upon an invitation to tender for such contract. make a tender for that 35 contract which has as its aim to cause the tenderee to accept a p a ~ ~ i c u l ; ~ ~ . tender: or (iii) withdraw a tender made by him or her for such contract: or ( 0 ) a re\vard for acting as contemplated in paragraph (a)(i). ( i i ) or ( i i i ) . is guilt!, of the offence of corrupt activities relating tenders. ( 2 ) Any person who. directly or indirectly- to procuring and withdracval o f 10 ( 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. 45 in relation to a contract for performing any work. award a tender, 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 (0) with the intent to obtain a tender in relation to a contract for performing any 5 0 work, providing any service, supplying any article, material or substance or performing any other act, gives or agrees or offers to give any gratitication to Act No. 12,2004 PREVENTION AND COMBATING OF CORRUPT ACTIVITIES ACT. 2004 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. a+- (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 tenders. to procuring and withdrawal of 5 Offences in respect of corrupt activities relating to auctions 14. ( 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 ( 6 ) 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 t- (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 ;1 manner so as to get a specific offer for the article or to sell the article at 3 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- ( ( I ) 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 benetit 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 50 t o 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 ( h ) 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 ;It 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. Offences in respect of corrupt activities relating to sporting events

15. Any person who, directly or indirectly- ( a ) accepts or agrees or offers to accept any gratification from any other person, whether for the benefit of himself or herself or for the benefit of that other person or of another person; or 55 32 No. 1631 1 GOVERNMENT GAZETTt. 28 .APRII. IINl-4 ~ ~~ ~~ ~~~~ Act NO. 12,2004 PREVENTION AND COMBATING OF CORRUPT ACTIVITIES ACT. 2004 (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 5 (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 nearest police station; or her (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. Offences in respect of corrupt activities relating to gambling games or games of chance 10 1s

16. Any person who, directly or indirectly- l 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 30 person or of another person; or Ib) 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 undermines the integrity of any gambling game or a game of chance. 25 including, in any way, influencing the outcome of a gambling fame or ;t game of chance; or a threat t o 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. i n an! \\.a!. influencing the outcome of a gambling game or a game of chance. 30 is guilty of the offence of corrupt activities relating chance. to gambling games or games o f Part 5: Miscellaneous offences relating to possible conjict of interest aud other conduct unacceptable 35 Offence relating to acquisition of private interest in contract, agreement or investment of public body 17. (1) Any public officer who, subject to subsection (2). acquires or holds a pri\.ate 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 40 body, is guilty of an offence. ( 2 ) Subsection (1) does not apply tc- (a) a public officer who acquires or holds such interest as a shareholder of a listed company; ( h ) a public officer, whose conditions of employment do not prohibit him or her 15 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 process. an independent tender acquires or holds such interest through 50 34 No. 263 I 1 Act No. 12,2004 GOVERNMENT GAZETTI!. 2s APRIL 200-1 PREVENTION AND COMBATING OF CORRUPT ACTIVITIES ACT. 2 0 4 Offences of unacceptable conduct relating to witnesses

18. Any person who, directly or indirectly, intimidates or uses physical force. 01 improperly persuades or coerces another person with the intent t o - ( a ) influence, delay or prevent the testimony of that person or another person a $ hearing or other proceedings before any court, judicial a witness in a trial, 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. commit- tee, commission or officer authorised by law to hear evidence or take testimony; (ii) withhold testimony or to withhold a record, document, police docket 01 other object at such trial, hearing or proceedings; 5 I O (iii) give or withhold information relating to any aspect at any such trial. 15 hearing or proceedings; (iv) alter, destroy, mutilate, or conceal a record, document. police docket or to impair the availability of such record. other object with the intent 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: legal process summoning that person to appear as a witness or t o (vi) evade produce any record, document, police docket or other object at such trial. hearing or proceedings; or absent from such trial, hearing or other proceedings, is guilty of the offence of unacceptable conduct relating to a witness. (vii) be 20 25 Intentional interference with, hindering or obstruction of investigation of offence

19. 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- 3 0 ( a ) destroys. alters, mutilates or falsifies any book. document, valuable securit). account, computer system, disk, computer printout or other electronic device or any entry in such book. document, account or electronic device, or is priv! to any such act; (b) makes or is privy to making any false entry in such book. document, account 35 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 40 Accessory to or after offence

20. Any person who, knowing that property or any part thereof fonns part of any gratification which is the subject of an offence in terms of Part I , ? , 3 or 4. or section 2 1 (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 pers011- ( a ) enters into or causes to be entered into any dealing in relation to such property or any part thereof; or (6) uses or causes to be used, or holds, receives or conceals such property or any part thereof, is guilty of an offence. 45 50 Attempt, conspiracy and inducing another person to commit offence

21. Any person w h o - 36 No. 263 1 1 Act No. 12,2004 GOVERNMENT G.-\ZETTE. 2s APRIL. 7004 PREVENTION AND COMBATING OF CORRUPT ACTIVITIES ACT, 2003 (a) attempts; ( 0 ) conspires with any other person; or ( c ) aids, abets, induces, incites, instigates, instructs, commands. counsels or to commit procures another person, an offence in terms of this Act, is guilty of an offence. 5 CHAPTER 3 INVESTIGATIONS REGARDING POSSESSION OF PROPERTY RELATING TO CORRUPT ACTIVITIES Investigation regarding property relating to corrupt activities 22. (1) Whenever the National Director has reason to suspect that there may be in an\’ 10 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 15 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 Special Director investigation in terms of the provisions Authority Act, 1998 (Act No. 32 of 1998), relating to such property. of Public Prosecutions, shall have the power to institute an of Chapter 5 of the National Prosecuting that a particular Director of Public Prosecutions or a 20 ( 2 ) For purposes of subsection (l), a reference in the said Chapter 5 to- ( a ) the “head of the Directorate of Special Operations” or an “Investigating 25 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)(n) of the said Act. a Director of Public Prosecutions or Special Director of Public Prosecutions, ma)’ onl), designate a Deputy Director of Public and Prosecutions; 3 0 (b) a “special investigator” shall be construed as to include a police oficial. (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 35 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 of Public Prosecutions shall forthwith report the fact of the seizure of the cash or funds and the opening of the account. to the Financial Intelligence Centre a Special Director Application for, and issuing of investigation direction in respect of possession of 40 property disproportionate to a person’s present or past known sources of income or assets 23. (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 terms of subsection (3). in direction 15 (2) An application referred to in subsection (1) must be in writing and must- ( u ) 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): 50 (6) specify the grounds referred to in subsection (3) on which the application is made; 38 No. 2631 1 Act No. 12,2004 GOVERNMENT GAZETTt. 2s APRII- 7004 ~ ~~ PREVENTION AND COMBATING OF CORRUPT ACTIVITIES ACT, 2004 ( c ) contain full particulars of all the facts and circumstances allefed b!, the applicant in support of his or her application; (d) include the basis for believing that evidence relating to the ground on tvhich the application is made will be obtained through the investigation direction: indicate whether any previous application has been made for the issuing o f an investigation direction in respect of the same suspect in the application and. if such previous application of that exists, must indicate application: and indicate the period for which the investigation the current status is required. (e) ( f ) 5 (3) ( a ) A judge in chambers may upon an ex parte application made to him o r her in 1 0 terms of subsection ( l ) , issue an investigation direction. ( 6 ) An investigation direction may only be issued if the judge concerned i\ 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 15 to believe that- ( a a ) 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 x i (bb) that person maintains such a standard of living through the commission of corrupt activities or the proceeds of unlawful activities or that such 25 pecuniary resources or activities or the proceeds of unlawful activities; and properties are instrumentalities of corrupt (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 30 activities or that such pecuniary resources or properties are instrumen- talities 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. conduct the investigation; if known. the person who will 35 (iii) must specify the period for which it has been issued: (iv) may specify conditions of restriction relating to the conductins of' the investigation; and be issued in respect (v) may of any place in the Republic. 40 (d) An application must be considered and an investigation direction issued without that any notice to the suspect to whom 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 55 concerned. the application applies and without hearing (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 50 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, 55 to appear before the National Director or the person so authorised. at a time and place specified property, book, document or other object; in the summons, to be questioned or to produce that (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 60 ~~~~ 40 ~~ No. 2631 I Art No. 12,2004 GOVERNMENT Gr\ZETTE. 2X .-\PKII 3004 PREVENTION AND COMBATING OF CORRUPT ACTIVITIES ACT. 2004 further examination or for safe custody such property. book. document o r other object; or at any reasonable time and without prior notice or with such notice as he o r she may deem appropriate, enter any premises where the suspect is or is suspected to be or any premises on with that investigation is or is suspected to be, and may- or in which anything connected 5 inspect and search those premises, and there make such enquiries as he or she may deem necessary; 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 an! person in whose possession or charge that property is. information regarding that property; make copies of or take extracts from any book or document found on or has a bearing or might have a bearing on the in the premises which investigation in question, and request from any person suspected of having the necessary information, an explanation of any entry therein: or 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: 10 1 0 I5 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 of the person conducting the her own expense and under the supervision investigation, to make copies reasonable time. thereof or to take extracts therefrom at an! I5 ( 5 ) ( a ) The law regarding privilege as applicable to a witness summoned to gi\e apply in relation to the in a magistrate’s court shall evidence in a criminal case 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 30 answer would tend to expose him or her to a criminal charge. (6) No evidence regarding any questions and answers contemplated in paragraph (tri shall be admissible in any criminal proceedings, except in criminal proceedings where the person concerned stands trial on a charge contemplated in subsection ( 7 ) l 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)(cj(iv), the provisions of sections 28( 1 )(d), (2) to (10) and 29(2). (7)(cri. (9), (10)fbl 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 investigation conducted in terms of subsection (4). changes, in respect of an 7 - 3 3 10 (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 f b ) when he or she is asked in terms of subsection (4) for information or an 45 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 Presumptions 24. (1) Whenever a person is charged with an offence under Part 1 or 9, or section 2 1 that (in so far as it relates to the aforementioned offences) of Chapter 2, proof that else person, someone or instance of that person- the at (a) accepted or agreed or offered to accept any gratification from; or (6) gave or agreed or offered to give any gratification to, 50 55 42 No. 2631 1 GOVERNMENT GhZETTi. 7 s .APKII. 3MI-i Act No. 12,2004 PREVENTION AND COMBATING OF CORRUPT ACTIVITIES ACT. 2004 any other person- (i) who holds or seeks to obtain a contract, licence. permit. employment o r anything whatsoever from a public body, private organisation. corporate bod! or other organisation or institution in which the person charged \vas serving a \ an official; (ii) who is concerned, or who is likely to be concerned, in any proceedin,. V S o s business transacted, pending or likely to be transacted before or by the person charged or public body, private organisation, corporate body, political p:u-t! 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 ( i i ) . and, if the State can further show that despite having taken reasonable steps, it wax not able with reasonable certainty to link the acceptance of or agreement or offer t o accept or the giving or agreement to give or offer to give the gratification to any la\l,ful authorit! or excuse on the part of the person charged, and in the absence of e\.idence t o the contrary which raises reasonable doubt, is sufficient evidence that the perwn char@ accepted or agreed or offered to accept such gratification from that person o r gave or agreed or offered to give such gratification to that person in order to act. i n a manner- (aa) that amounts to the- ( a m ) illegal, dishonest, unauthorised, incomplete, or biased: or (bbb) misuse or selling of information or material acquired i n the course o f the, exercise, carrying out or performance of any powers, duties or function\ or an!. other legal arising out obligation; (bb) that amounts to- of a constitutional, statutory. contractual ( a m ) 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 t o do or not t o do anything. ( 2 ) Whenever a public officer whose duties imxstigation. prosecution or punishment of offenders, is charged with an offence invol\,ing the acceptance of a gratification, arising from- include the detection. ( 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 ( e ) the investigation of an alleged offence, it is not necessary to prove that the accused person believed that an offence contemplated in paragraphs fa) to ( e ) or any other offence had been committed. Defences

25. Whenever an accused person is charged with an offence under Part I . 2.3 or 4. or section 20 or 21 (in so far as it relates to the aforementioned offences) of Chapter 7 . it 45 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 i n relation 50 to which the gratification was given, accepted or offered; or ( e ) failed to perform or not to perform the act in relation to which the gratification was given, accepted or offered. 44 No. 2631 I Act No. 12, 2004 Penalties GOVERNMEKT c.m TTE.. 2s . . v r m :ow PREVENTION AND COMBATING OF CORRUPT ACTIVITIES ACT. 2004 CHAPTER 5 PENALTIES AND RELATED MATTERS 26. (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- 5 (i) in the case of a sentence to be imposed by a High Court. to a tine o r 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 tine 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 tine 1 0 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 tine 15 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 ;I 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 o r 20 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 13). the court may impose a fine equal to five times the value of the gratification involved i n the offence. 25 kuthorisation by National Director, Deputy National Director or Director institute proceedings in respect of certain offences to

30. The Minister of Finance must designate a fit and proper person, with due regard to his or her experience, conscientiousness and integrity, as Registrar. Powers, duties and functions of Registrar 50 31. (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. 50 No. 2631 1 Act No. 12,2004 GOVERNMENT GAZETTE. '78 APRIL 200-1 PREVENTION AND COMBATING OF CORRIJPT ACTIVITIES ACT, 2004 (2) The Registrar must- ( a ) maintain the Register; ( 6 ) manage the Office of the Registrar; and (c) carry out the duties and perform the functions assigned to him or her section 28, this Chapter or the National Treasury or any other law. by 5 Access to Register

32. The Register is open to the public as prescribed. Regulations pertaining to Register 33. (1) The Minister of Finance may, in consultation with the Minister responsible for a'dministration the relating regulations justice, make of 10 ( 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: to- ,(b) access to information contained in the Register; i'c) the records; of disposal and safe-keeping I'd) any other matter which the Minister may consider necessary or order to achieve the objects of section 28 and this Chapter. 1s to prescribe in ( 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 12 months. 20 exceeding not period CHAPTER 7 MISCELLANEOUS MATTERS Duty to report corrupt transactions 34. (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- 25 (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 ( 6 ) the offence of theft, fraud, extortion, forgery or uttering a forged document, involving an amount of RlOO 000 or more, must report such knowledge or suspicion or 30 cause such knowledge or suspicion to be reported to any police official. ( 2 ) Subject to the provisions of section 37(2), any person who fails to comply with subsection ( l ) , is guilty of an offence. (3) (a) Upon receipt of a report referred to in subsection (l), the police official concerned must take down the report Commissioner, and forthwith provide the person who made the report with ackno'wledgment of receipt of such report. in the manner directed by the National an 35 ( b ) 'The National Commissioner must within three months of the commencement of this Act publish the directions contemplated in paragraph ( a ) in the Gazerre. (c) ,4ny direction issued under paragraph (b), must be tabled in Parliament before the in thereof publication Gazette. 40 (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 45 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 SO 5 2 No. 2631 1 Act No. 12,2004 GAZETTE. GOVERNMENT 2 S .APRII. 2OlJ-J PREVENTION AND COMBATING OF CORRUPT ACTIVITIES ACT. 2004 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 1981): the executive manager of any bank or other financial institution: any partner in a partnership; 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 b) legislation, contract or any other legal means; any other person who is responsible for the overall management and control o f 10 the business of an employer; or any person contemplated in paragraphs ( a ) to (i), who has been appointed in an acting or temporary capacity. 5 Extraterritorial jurisdiction 35. (1) Even if the act alleged to constitute an offence under this Act occurred outside of whether or not the act the Republic, a court constitutes an offence at the place of its commission, have jurisdiction in respect of that offence if the person to be charged- of the Republic shall, regardless in resident ( a ) is a citizen of the Republic; ( b ) is ordinarily Republic; the ( 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: 15 2 0 ( d ) is a company, incorporated or registered as such under any lau,. in the Republic; or 25 (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 ). shalll, 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 1 or ( 2 ) , is, for the purpose of determining the jurisdiction of a court to tr!. the offence, deemed to have been committed- ( a ) at the place where the accused is ordinarily resident; or (b) at the accused person's place of business. principal (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. Repeal and amendment of laws and transitional provisions 30 35 10 15 36. (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 SO 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 whicih 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. 55 may be concluded, instituted and continued as if this Act had not been passed. 54 No. 26311 GOVERNMENT GAZETTE. 2 S .-lPRll- 2004 ~~ ~ nrct No. 12,2004 PREVENTION AND COMBATING OF CORRUPT ACTIVITIES ACT. 2004 (4) Notwithstanding the repeal or amendment of any provision of any law b!, 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. commencement Short title and 5 37. ( 1 ) This Act is called the Prevention and Combating of Corrupt Activities Act. 21004. 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 GnLette. ( 2 ) Section 34(2) shall come into operation on 31 July 2004. 56 NO. 2631 1 GOVERNMENT GAZETTE 25 ,APRIL 2004 Act No. 12,2004 PREVENTION AND COMBATING OF CORRUPT ACTIVITIES ACT, 2004 SCHEDULE LAWS REPEALED OR AMENDED BY SECTION 36 No. and Year of Law Act 38 of 1927 Short title Black Administration Act ~ ~~~~ Act 59 of 1959 Supreme Court Act 'kt 58 of 1962 Income Tax Act Lct 42 of 1965 irbitration Act Extent of Repeal or Amendment The Third Schedule to the Act is ~ereby amended by the substitution of he offence "bribery" for the follou- ng offence: 'any offence referred to in Part 1 t o 3. )r section 17. 20 or 21 (in so far as it .elates to the aforementioned olfences If Chapter 2 of the Prevention and lornbatinp of Corrupt Activities Act. l004.". Section 24 is hereby amended by the iubstitution for paragraph ( / I ) of suh- iection (I) of the following paragraph ' ( b ) interest in the cause. bias. malic( or [corruption] the commission of an offence referred to I n Part 1 to 4, or section 17. 20 o r 2 1 (in so far as it relates to the aforementioned oRences) of Chapter 2 of the Pre\-ention and Combating of Corrupl Actii itie\ Act, 2001. on the part of the presiding judicial ofticer:". jection 37H is hereby amended h) t h c ,ubstitution for paragraph ( t r ) ot' suh- ,ection (23) of the f o l l o ~ in; para- rraph: ' ( ( 1 ) interest in the application. hias. malice or [corruption] thc coni- mission of an offence referred to in Part 1 to 4. or section 17. 10 or 2 1 (in so far as i t rclates t o the aforementioned offences) of' Chapter 2 o f the Pre\ention and Combating of Corrupt ktivitiec Act. 2004. on the part of an! member of the hoard:", iection 33 is hereby amended h!, the ubstitution for subsection ( 2 ) o f the ollowing subsection: "(2) An application pursuant to this ection shall be made within six jeeks after the publication of the ward to the parties: Pro\ ided that )hen the setting aside of the award is ?quested on the grounds of [or cor- uption] the commission of an of- :nce referred to in Part I to 4. or sec- on 17. 20 or 21 (in s o far as it relate5 ) the aforementioned offences) of :hapter 2 of the Prevention and Com- ating of Corrupt Activities Act. 2001. iuch application shall be made within six weeks after the discoven o f the icorruption] that offence and i n any :ase not later than three years after the iate on which the award.u.as so pub- ished.". No. 2631 I 58 - Act No. 12,2004 GOVERNMENT GAZETTE. 2X APRIL 200-1 PREVENTION AND COMBATING OF CORRUVI ACTIVITIES ACT, 2004 No. and Year of Law Act 61 of 1973 Short title Zornpanies Act k t 51 of 1977 ’rhinal Procedure Act Extent of Repeal or Amendment Section 218 is hereby amended hq the substitution for subparagraph ( i i 1 ) of paragraph ( d ) of subsection ( I ) o f thc following subparagraph: “(iii) any person who has at any time been convicted (whether in the Re- public or elsewhere) of theft, fraud, forgery or uttering a forged document. perjury, an offence under the Preven- tion of Corruption Act, 1958 (Act 6 of 1958), the Corruption Act, 1992 (Act No. 94 of 1992). Part I to 4. or sec- tion 17, 20 or 21 (in s o far as it relates to the aforementioned offences) of Chapter 2 of the Prevention and Coni- bating of Corrupt Activities Act, 2004. or any offence involving dishonesty or in connection with the promotion. formation or management of ;I com- pany, and has been sentenced thcrefor to imprisonment without the option of a fine or to a fine exceeding one hun- dred rand.”.

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 Chap- ter 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, :he accused may be found guilty of .he 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] t h e f t s any offence referred to in Part 1 to 4. or section 17, 20 or 21 ( i n so far as i t relates to the aforementioned offences) of Chapter 2 of the Prevention and Combating of Corrupt Activities Act, 2004-”. 60 No. 263 1 I GOVERNMENT GAZETTt. 28 .APRIL 2004 Act KO. 12,2004 PREVENTION AND COMBATING OF CORRUPT ACTIVITIES ACT, 2004 Short title lo-operatives Act ~~ ~~ Ieterinary and Para- 'eterinary Professions Act Extent of ReDeal or Amendment Section 108 is hereby amended h! substitution for subparagraph (iii) o f magraph If) of subsection ( I ) of the Following subparagraph: "(iii) if he & has at any time the been convicted (~vhether 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. 3-0 or 21 ( i n s o far as it relates to the atoremen- tioned offences) of Chapter 2 o t the Prevention and Combating of Corrupt Activities Act. 3003. any offence involving disbon- esty or in connection M ith the formation or management of a co-operative or company and sentenced therefor to imprison- ment without the option of ;1 fine or to a fine exceedins tu o hundred rand:". the iection 23 is hereby amended b! ubstitution for paragraph r h ) of suh- ection (3) of the following paragraph: 'fb)he orshe has at any time been convicted of extortion. bribery. any offence under the Prevention of Corruption Act. I958 (Act No. 6 of 1958). the Corruption Act. 1992 (Act No. 94 of 1993 ). Part I to 4, or section 17. 20 or 2 I ( i n so far as it relates to the aforemen- tioned offences) of Chapter 2 of the Prevention and Combating o f Corrupt Activities Act. 2003. theft. fraud, forgery or uttering o f a forged document o r perjur). and was sentenced in respect thereof to imprisonment without the op- tion of a fine:". ~~ ~~ ~ 62 No. 2631 1 Act No. 12,2004 GOVERNMENT GAZETTE. 28 .APKlI. 2004 PREVENTION AND COMBATING OF CORRUPT ACTIVITIES ACT, 2004 No. and Year of Law Act 61 of 1984 Short title Small Claims Court Act Act 69 of 1984 Close Corporations Act k t 97 of 1990 ’inancia1 Services Board Act Extent of R e ~ e a l or Amendment Section 46 is hereby amended by the substitution for paragraph ( h ) o f the following paragraph: “ ( b ) interest in the cause. bias. mal- ice, or [corruption] the commis sion of an offence referred to i n Part 1 to 4. or section 17. 20 o r 21 (in so far as it relates t o the aforementioned oft’ences) of Act, 2004, on the part of the commissioner: and”. the Section 47 is hereby amended h! substitution for subparagraph ( i i i ) of paragraph ( b ) of the follo\s.ing sub- paragraph: “(iii) any person who has at any time been convicted of theft. traud. forgery or utterin: a torged document, perjury. an1 offence under the Prevention 01‘ Corrup. tion Act. 1958 (Act No. 0 o f 1958), the Corruption Act. 199: (Act No. 94 of 1997 ). Part I t o 4. or section 17. 10 or 1 I [ i n so far as it relates t o the aforsmen- tioned offences) of Chapter 2 01 the Prevention and Combating of Corrupt Activities Act. 2004. or any otfence invol\,ing di\- honesty or in connection with the formation or maria? w n e n t o’ a company or a corporation. and has been sentenced therefor to imprisonment for- at least six months without the option o f a fine: and”. Section 5 is hereby amended by the substitution for paragraph tdl of the following paragraph: ”(dl if he orshe has at any Lime heen convicted (whether in the Ke- public or elsewhere) of theft. fraud, forgery or uttering a forged document, perjur). [an] an^ offence under the Preventiot? of Corruption Act, I958 (Act NO. 6 of1958). the Corruption Act. 1992 (Act No. 94 of 1992), Part 1 to 4, or section f7. 20 or 21 (in so far as i t relates to the aforementioned offences) of Chapter 2 of the Prevention and Combating of Corrupt Activities Act, 2004, or any offence in- volving dishonesty. and has been sentenced therefor to imprison- ment without the option of a fine or to a fine exceeding R 100: or”. A c t No. 12,2004 PREVENTION AND COMBATING OF CORRUPT ACTIVITIES ACT. 2004 I No. and Year of Law Act X0 of 1991 Short title Public Accountants' and Au- ditors' Act '66 No. 2631 I GAZF-TTE. GOVERNMENT 1s .APl<LL. 3104 .4ct No. 12.2004 PREVENTION AND COMBATING OF CORRUPT ACTIVITIES ACT. 2004 No. and Year of Law Act 103 of 1991 Short title Short Process Courts and Mediation in Certain Civil Cases Act Act 94 of 1992 Act IO6 of 1993 r o m p t i o n Act Natural Scientific Professions Act Extent of ReDeal or Amendment Section 12 is hereby amended by the substitution for paragraph ( ( 1 ) of suh- section (1) of the follwing paragraph: "(b) interest in the causc. bias. mallce or [corruption] the commission of an offence referrcd to i n Part 1 to 4. or section 17. 20 o r 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 adjudi- cator. as the case may be: and". The whole Section 11 is hereby amended by the substitution for paragraph ( h ) of suh- section (9) of the following paragraph: " ( h ) has at any time heen convicted i a of extortion. briber\. anv offcnce under the Prevention of Corrup- tion Act. 1958 (Act No. 6 of 1958). the Corruption Act. 1 YO2 (Act No. 94 of 1992). Part I t n 4. or sections 17. 20 or 31 (in SO far as it relates to the aforemen- tioned offences) of Chapter 2 of the Prevention and Combating 01 Corrupt Activities Act. 2003. theft. fraud. forgery or uttering a forged document knowin, 0 I t to be false or perjury and has in respect thereof been sentenced to imprisonment without the option of a fine or to a fine excecding R1 000;". k t 148 of 1993 ndependent Media Com- nission Act Section 6 is hereby amcnded by the ;ubstitution for subparagraph (i) of Jaragraph ( j ) of subsection ( 1 ) of the 'ollowing subparagraph: '(i) in the Republic. of theft. fraud. forgery and uttering a forged document, per.jury or an offence in terms of-the Prevention o f Corruption Act. I958 (Act No. 6 of 1958). the Corruption Act. 1992 (Act 93 of 1992). Part 1 t o 4, or section 17. 20 or ? ] ( i n so far as it relates to the aforemen- tioned offences) of Chapter 2 of the Prevention and Combating of Corrupt Activities Act. 2004. or". OX No. 263 I 1 Act NO. 12. 2004 G.-\ZE.fTF.. GOVERXRlENT 2 h ~ l ’ l < l I 7Il114 PREVENTION AND COMBATING OF CORRUPT ACTIVITIES ACT. 2004 Vo. and Year of Law 4ct 209 of 1993 Short title 2ocal Government Transitiol k t , 1993 t Extent of Repeal or Amendment I . Section 10G is hcreb!. amended h! he substitution for p a r a p p h (,y 1 of ;ubsection (2) of the following para- Sraph: “(g) Any loss suffered by a munici- pality and which the chicl ex- ecutive officer, o r i the chicl’ executive officer is respomible. the council. suspects t o he due any fraudulent [or corrupt] act or an [act of bribery] otl‘ence referred to i n Part 1 t o 4. or sec- tion 17. 20 or 21 t i n so far a\ i t relates to the atorementloned offences) of Chapter 2 o f the Prevention and Comhating 01 Corrupt Activitieq Act. 2004. committed by any person, shall forthwith be reported b! the chief executive ofticel- o r the council. as the case ma! he. IO the South African Police Ser- vice.”. ?. Section IOH is hereby arncnded h! he suhstitution for thc word\ t ’ c ~ l l o u - ng paragraph (17) of subsection ( I 1 o t he following words: “is prinlcl,fircie of the opinlon that L council member. a chief csccuIi\c officer or an employcc has a c ~ e d unlawfully or is responsihle for any act or omission which has resultcd in fraud. [corruption] or may result an offence referred lo i n Par( I t o 4. or section 17. 20 or 2 I ( i n s o tar a s it relates to the afol.cn1cnrmml of- fences) of Chapter 2 01‘ the Prc\ c11- lion and Combating of Corrupt Activities Act. 2004. o r maladmin- istration, or is of thc opinion that the allegation is of such a nalurc that it justifies further action. he or she shall. subject t o subsection ( 5 1. appoint a commission of inquir! i n terms ol’the respective provincial laws to inquire into the matter: Pro- vided that i n the absence o f a pro- vincial law relating t o a commis- sion of inquiry. the provisions of sections 2, 3. 4. 5 and 6 of the Commissions Act. I947 (Act X of 1947), and the regulations made thereunder. shall with the necessary changes apply to the municipality concerned in so far as they are ap- plicable to the functions of the mu- nicipality.”, 70 No. 263 1 1 GOVERNMENT CiAZtTTL. 2 S . A P l < l l . 2004 Act No. 12,2004 PREVENTION AND COMBATING OF CORRUPT ACTIVITIES ACT, 2003 I No. and Year of Law Short title Act 23 of 1994 Public Protector Act Act 40 of 1994 ntelligence Services Control I C t Extent of Repeal or Amendment

3. Section IOH is hereb!, amended h! the substitution for subsection (6) of the following subsection: "(6) If the MEC. alter conhider- i n suhscc- ing a report referred to tion (4) or a report 01' a comtnis\ion contemplated in subsection ( 5 ) . i \ of the opinion that a council. a member or a chief executive officer or employee either intentionall! acted unlawiully o r is responsible for any act or omission which has resulted or may result in fraud. [corruption] an offence referred t o in Part I to 4. or section 17. 20 o r 21 (in so far as it relates to thc aforementioned offences) of Chap- ter 2 of the Prevention and Combat- ing of Corrupt Activities Act. 2004. or maladministration. he o r she may take such steps as he or she may deem necessary so as to deal M ith the matter.". Section 6 is hereby amendcd h!, thc substitution for subparagraph i i i i ) o f paragraph ( a ) of subsectton (4) o f the following subparagraph: "(iii) Improper or dishonest act. o r omission or [corruption] c'f- fences referred to or section 17. 20 or 2 1 ( i n so far as it relates to the atoremen- tioned offences) of Chapter 2 o f in Part I t o 4. of Corrupt Acril ities Act. 2004. with respect to puhlic nlone!:". thc Section 7 is hereby amencicd h! substitution for parafraph ( ( , A ) 0 1 4 - section (7) of the follon ing paragraph: "(cA) to receive and in\.estigate conl- plaints from members of the public and members of the Services on alleged maladmin- istration. abuse of p w e r . transgressions of the Constitu- tion, laws and policies referred to in paragraph ( ( 1 ) . [corrup- tion] the commission of an offences referred to in Part 1 to 4. or section 17. 20 or 21 i ~ n so far as it relates to the afore- mentioned offences) of Chaptcr 2 of the Prevention and Coni- bating of Corrupt Activities Act, 2004, and improper en- richment of any person through an act or omission of any member;". 72 No. 2631 I GOVERNMEST G.I%I:TTI-. 2\ AI'Rli. 21h1- Act No. 12.2004 PREVENTION AND COMBATING OF CORRL'PT ACTIVITIES ACT. 2004 No. and Year of Law Act 66 of 1995 Short title Labour Relations Act Extent of KeDeal or Amendnlent ~ levelopnlent Facilitation Ac I O IS I 1 . - 71 No. 2631 1 Aci. No. 12, 2004 G.-\%ETTI!. GOVERNMENT 2 S A I W I I 2004 PREVENTION AND COMBATING OF CORRUPT ACTIVITIES ACT. 2004 No. and Year of Law - Act 33 of 1996 Short title Vational Gambling Act 4ct 65 of 1996 3 m s and Publications Act ~ ~ ~~ ~~ Extent of Reaea1 or Amendment Section 3 is hereby amended h) the substitution for item (tlcl) of subpara- graph (iii) of paragraph ( ( I ) o f s u h m - tion (7) of the following itcm: "(dd) has at any time been o r is con- victed. whether i n the Republic or elsewhere. of theft. fraud. forgery or uttering a forged document, perjury, [an] .1"\ offence under the Prevention d Corruption Act. 1958 (Act No. 6 of 1958). the Corruption Act. 1992 (Act 91 of 1992). Parr 1 to 4. or section 17. 20 or 21(in so far as it relates t o the afore- mentioned offences) of Chapter 2 of the Prevention and Coni- bating of Corrupt Activities Act, 2004. or an! otfencc i n - volving dishone\tv." Section 7 is hcrehy amended by the substitution for subparagraph ( i ) o f paragraph ( h ) of subsection ( 1 ) of thc following subparagraph: "(i) in the Republic. of theft. fraud. ' - forgery and uttering a forged document. pecjur). or [an offence in terms of the Corruption Act. 1992 (Act 94 of 1992)] a n > o f - fence under the Prevention of 21 (in so far as i t relatcs t o the aforementioned offences) of Chapter 2 of the Prevention and Combating of Corrupt Acti\,itics Act. 2004;". Section 2 is hereby amended by the ubstitution for paragraph If) of sub- iection (2) of the following paragraph: ' ( f l [corruption] offence referred tu in Part 1 to 4. or section 17. 20 or 21 (in so far as it relates to thc aforementioned offences) of Chapter 2 of the Prevention and Combating of Corrupt Activities Act, 2004. and which offences was committed in connection with the &airs of any State instl- tution: or". 4ct 74 of 1996 Special Investigating Units Ind Special Tribunals Act - No. 2631 I 7(> - Act No. 12.2004 G O V E R M I E N T G.AZET.1-k. 'x AIXII. 3 1 ~ ) : PREVENTION AND COMBATING OF CORRUPT ACTIVITIES ACT. 200.1 No. and Year of Law Act 57 of 1997 Short title Lotteries Act ~ Cxtent of Repeal or Amendment . Section 3 is hereby amended b!- a ) the substitution l ) r paragraph t h i of subsection ( 5 J o f the toll ow in^ paragraph: " ( b ) shall suspend the member- : ship of any mernber of the board in the event o f the State institutins criminal proceedings in a court of 1 on a charge of theft. fraud. forgery or uttering a forged document. perjury. an o f - fence in terms of the Corrup- tion Act. 1992 (Act 91 of 1992), Part 1 t o 1. (11' wction 17, 20 or 2 I in so far a h i t relates to the aforementioned offences) o f Chapter 2 of the Prevention and Combating of Corrupt Acti\ itie\ Act. - 2004, or an!' offence in\ol\ - ing dishonesty: h ) the substitution for subparagraph i i ) of paragraph ( ( ' ) 01' suhsectlon ( 5 ) of the folloning subparagraph: "(i) being found guilt! in a court of law of contra\ening this Act or of theft. fraud. forger! o r uttering a forged docu- ment, perjur!. an olfence i n terms of the Pre\ ention o l t'ar as it relates t o the afore- mentioned otfrnces) 01' Chapter 2 of the Pre\entwn and Combatins ot Corrupt Activities Act. 2004. or an! offence invol\.ins dishonest! : or:": I No. 2631 1 713 -. Act No. 12,2004 GOVERNMENT G x x T r E . 2:: w r u l ?owl PREVENTION AND COMBATING OF CORRI-PT ACTIVITIES ACT. 2004 +io. and Year of Law Short title Extent of ReDeal or Amendment ( c ) the substitution for itern cdd, of subparagraph ( i i i ) of paragraph (, of subsection ( 7 , o f the t o l l o \ ~ in; item: "(dd) has at an) . time hcen. o r i convicted. \vhether in thc Republic or elsewherc, o f theft, fraud. forger) or ut- tering a forged document. perjury. an otfence i n tern . ~ the Prevention of Conup- tion Act, 1958 (Act No.6 of 1958).the Corruption Act, 1997. Part I t o 4. or section 17. 20 or 2 I ( i n v far as it relates to the aforementioned offences) of Chapter 2 of the Pre\er tion and Combating of Corrupt Acti\ ities Act. - 2006. or any ofl'encc In- volvinp dishonesty.". !. Section 51 is herebb amended h!, he substitution for paragraph ( e ) of ubsection ( I ) of the l o l l o ~ ing para- !raph: ' ( e ) if the certificate holder i\ con- victed on a charge o f theft. fraud, forgery 01- uttertng a forged document. perjur!. an offence in terms of the Prc\.cn. lion of Corruption Act. I958 (Act No. 6 of 1958). the Corrup- tion Act, 1992, Part 1 t o 1. or section 17. 20 or 2 I ( i n so far ;IS it relates to the aforementioned- offences) of Chapter 1 o f the Prevention and Comhatinc o f ' Corrupt Activities Act. 2004. 01- any offence invol\.ing dishon- esty.". ' 30 No. 26311 .9ct No. 12,2004 GAZETTE. GOVERNMENT 28 API<lL~ 2 i K J PREVENTION AND COMBATING OF CORRUPT ACTIVITIES ACT, 2004 No. and Year of Law Act 105 of 1997 Short title Criminal Law Amendment Act k t 40 of 1998 South African Civil Aviation 9uthority Act k t 105 of 1998 (ational Empowerment Fund k t ~~ Extent of Repeal or Amendment

1. Section 5 1 is hereby amended b) the addition of the following subsec- tion: “(9) The amounts mentioned in respect of the offences referred t o i l PAR - may be adjusted by the Minister from time to time by notice in the Gazette.

2. PART I1 of Schedule 2 is hereb! amended by the substitution ol‘ the words preceding paragraph (tri in the last offence of PART 11. of the folloa - ing words: “Any offence relating to exchange control, [corruption] extortion. fraud. forgery. uttering, [or] theft. or an of- fence in Part 1 to 4. or section 17. 20 or 21 (in so far as it relates to the aforementioned offences) of Chapter 1 of the Prevention and Combating of Corrupt Activities Act. 3004--“. Section 9 is hereby amended by the substitution for subparagraph ( i i ) of paragraph ( a ) of subsection ( 3 ) of the following subparagraph: “(ii) of any offence in terms of fhe Prevention of Corruption Act. 1958 (Act No. 6 of 1958). the Corruption Act, 1993 (Act 94 of 1992), Part 1 to 4. or section 17. 20 or 21 (in so far as it relates t i the aforementioned ofiences) o f Chapter 2 of the Prevention and Combating of Corrupt Activities Act. 2004 the Companies Act. 1973. or of contravening this Act:”. Section 7 is hereby amended hy the substitution for paragraph ( r ) of sub- section ( 1 ) of the following paragraph: “ ( e ) has at any time been convicted. whether in the Republic or else- where, of theft. fraud. forgery and uttering, perjury. an otr‘ence in terms of the Prevention of Corruption Act, 1958 (Act No.6 of 1958). the Corruption Act, 1992 (Act No. 94 of 1992). 1 to 4, or section 17. 30 or 2 I ( i n so far as it relates to the afore- mentioned offences) o f Chapter 2 of the Prevention and Combat- ing of Corrupt Activities Act, 2004, or any other offence in- volving dishonesty; or”. Act No. 12,2004 PREVENTION AND COMBATING OF CORRUPT ACTIVITIES ACT. 2004 No. and Year of Law Act I12 of 1998 Short title Witness Protection Act Prevention of Organised Crime Act _. Act 131 of 1998 Medical Schemes Act Extent of Repeal or Amendment The Schedule to the Act i s herch! amended by the substitution for the words proceeding paragraph ( r r l i n item 14 of the folloiving \\.orcis: “Any offence relat~ng to eschangc control, [corruption] extortion. fraud. forgery. uttering, [or] thett, or an offence referred to in Part 1 1 0 4. or section 17. 20 or 7 I ( i n so for as it relates to the aforementioncd offences) of Chapter 2 o f [hc Prc- vention and Combating of Corrupt Activities Act. 2004.“. Schedule I to the Act i, hereby amended by the substitution for item 12 of the followin,

0 Item: ’ in “12. any offence contemplated Part 1 to 4, or section 17. 18. 20 or 2 I (in so far as it relates to the aforenlen- tioned offences) of Chapter 2 o f the Prevention and Combating of Corrupt Activities Act. 2004:”. Section 5 i s hereby amended bq the substitution for paragraph ( d l of‘ hub- Fection ( I ) of the following paragraph: “(dl has at any time been convicted (whether in the Republic of South Africa or elsen,here) o f theft, fraud, forgery or uttering ;I forged document, perjury. an offence under the Prevention of‘ Corruption Act. 1958 (Act N o . 6 - of the 1958). __ 192 (Act 94 o f 1992). Part I 19 4. or section 17. 20 or 1- I ( i n 50 far as it relates to the aforenw- tioned offences) of Chapter 2 oi the Prevention and Combating o f Corrupt Activities Act. 2004. o r any offence involving diahon- esty, and has been sentenced therefor to imprisonment without the option of a fine.”. Corruption t o Act. South African Medicines anc Medical Devices Regulatory Authority Act Section 8 is hereby amended by the substitution for subparagraph ( i ) o f paragraph ( j ) of subsection ( 1 ) o f thc following subparagraph: “(i) theft. fraud, forgery or uttcring a forged document. perjurq. an offence in terms of the Preven- tion of Corruption Act. 1958 (Act No. 6 of 1958) the Corruption Act, 1992 (Act 94 of 1992). Part - 1 to 4, or section 17. 2 0 or 2 (in so far as it relates to the afore- mentioned offences) of Chapter 2 mentioned offences) of Chapter 2 of the Prevention and Combating of the Prevention and Combating of Corrupt Activities Act. 1004. of Corrupt Activities Act. 1004. or any other offence involving dishonesty;”. .~ No. 26311 84 _. A c t No. 12, 2004 GOVERNMENT G.AZETTE. Z S APKII. 2004 PREVENTTON AND COMBATING OF CORRUPT ACTIVITIES ACT, 2004 of Law Short title Broadcasting Act Road Traffic Management Corporation Act -. ‘4.3 13 of 2000 Independent Communica- tions Authority of South Af- rica Act Extent of Reoea1 or Amendment Section 16 is hereby amended hy the substitution for subparagraph ( i ) of paragraph ( d ) of subsection ( 1 1 of the following subparagraph: “(i) in the Republic. of theft. fraud. forgery and uttering a forged document, perjury. or an offence _ I . in terms of the Prevention of Corruption A c t . - I m A c t No. 6 of 1958) the corruption Act. 1992 (Act 94 of 1992). Part 1 to 4. or section 17. 20 or 21 ( i n so far as it relates 10 the aforemen- tioned offences) of Chapter 2 o f the Prevention and Combating of Corruot Activities Act. 100.1.:“. the jection 10 is hereby amended h! ,ubstitution for subparagraph ( i i ) of magraph ( a ) of subsection ( I ) of the ollowing subparagraph: ‘(ii) of any offence in terms of Prevention of Corruption Act. 1958 (Act No. 6 of 19581. the Corruption Act, 1992 (Act 93 of 1992), Part 1 to 3. or section 17, 20 or 21 (in so far as it relates to the aforementioned ofences) of Chapter 2 of the Preventlon and Combating of Corrupt Activities Act, 2003. the Companies Act. 1973 (Act 61 of 1973). or this Act:” iection 6 is hereby amended b!, the ubstitution for subparagraph ( i ) of laragraph (j) of subsection ( 1 ) of the ollowing subparagraph: ‘(i) theft, fraud. forgery or uttermp a forged document, perjury. an offence in terms of the Prexen- tion of Corruption Act, 1958 t Act NO. 6 of 1958), the Corruption Act, 1992 (Act 94 of 1992). 1 to 4. or section 17. 20 or 2 1 ( i n so far as it relates to the afore- mentioned offences) of Chapter 2 of the Prevention and Combating of Corrupt Activities Act. 2003. or any other offence involving dishonesty; or”. NO. 2631 I 811, _. , 4 1 3 NO. 12,2004 GOVERNMENT GIZETTE. 'x A W I l . 3 ~ 1 4 PREVENTION AND COMBATING OF CORRUPT ACTIVITIES ACT. 2004 'io. and Year of Law k t 38 of 2000 Short title Construction Industry Devel- opment Board Act l r ~ t 63 of 2000 dome Loan and Mortgage Disclosure Act u:t 56 of 2001 'rivate Security Industry {egulation Act Zxtent of Repeal or Anlendment jection 7 is hercbq amended hh the iubstitution for paragraph ( ( 1 ) ot w h - iection (4) of the f o l l o ~ ing paragr;lph: ' ( 0 ) is convicted, whether i n the Ke- public or elsewhere. o f thctt. fraud, forgery o r uttering a forged document. peljur!. o r an! offence involving dishoneat! o r of any offence in terns of the Corruption Act. 1992 (Act 94 ot' 1992); Part 1 t o 4. o r wctiou 17. 20 or 21 ( i n so tar ;I\ i t relate\ t o the aforementioned ottencc\) 0 1 . Chapter 2 of the Preventlor1 and Combating of Corrupt ActiLitw Act. 2004. or the Compmie\ Act, 1973 (Act 61 of 1973 ). oI of contravening [hi\ Act:". kction 8 is hereby arnended by the ,ubstitution for subparagraph ( i 1 o f ' magraph ( e ) of subsection ( 2 1 o f t l ~ c ollowing suhparagraph: ' ( i ) an offence involving dishoncst! or [corruption] a n (?ft'eIlcc re- lates to the aforementioned ot- fences) of Chaprer Z 01' the Pre- vention and Combating 01 Corrupt Activities Act. 2004: or". 'he Schedule to the Act is hercb! mended by the substitution for the Iffence mentioned in the 26th line 01' ne following o8ence: "[Corruption in terms of statu- tory law] An offence referred t o 111 Part 1 to 4. or section 17. 20 or 2 I (in so far as ir relarcs t o thc 3lorc- mentioned offences) of Chapter 2 o f the Prevention and Comhating ot Corrupt Activities Act. 2004.". Act No. 12, 2004 PREVENTION AND COMBATISG OF CORRCPl ACTIVITIES ACT. 200-1 No. and Year of Law Short title Immigration Act Media Development and Di- versity Agency Act Land and Agricultural Devel- op~ncnt Bank Act Act No. 12,2004 PREVENTION AND COMBATING OF CORRUPT ~ ACTIVITIES ACT, 2004 No. and Year of Law Act 70 of 2002 Short title Regulation of Interception of Communications and Provi- sion of Communi-cation re- lated Information Act, 2002 Extent of Repeal or Amendment The Schedule to the Act is herch) amended by the whstitution t o r item 12 of the following item: "12. any otfence contemplated i n [section l(1) of the Corruption Act, 1992 (Act 94 of 1992),] to 4. or section 17. 20 or 2 I ( i n Y O far as it relates to the aforernen- tioned offences) of Chapter 2 o f thc Prevention and Combating of Cor- rupt Activities Act. 2004:".