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South Africa
NATIONAL LEGISLATION OVERVIEWS
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Prevention and Combating of Corruption Act, No. 12 of 2004

Long title


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

Table of contents

SECTION TITLE

ARRANGEMENT OF SECTIONS

CHAPTER 1. DEFINITIONS AND INTERPRETATION
1. Definitions
2. Interpretation

CHAPTER 2. OFFENCES IN RESPECT OF CORRUPT ACTIVITIES

Part 1. General offence of corruption
3. General offence of corruption

Part 2. Offences in respect of corrupt activities relating to specific persons
4. Offences in respect of corrupt activities relating to public officers
5. Offences in respect of corrupt activities relating to foreign public officials
6. Offences in respect of corrupt activities relating to agents
7. Offences in respect of corrupt activities relating to members of legislative authority
8. Offences in respect of corrupt activities relating to judicial officers
9. Offences in respect of corrupt activities relating to members of prosecuting authority

Part 3. Offences in respect of corrupt activities relating to receiving or offering of unauthorised gratification
10. Offences of receiving or offering of unauthorised gratification by or to party to an employment relationship

Part 4. Offences in respect of corrupt activities relating to specific matters
11. Offences in respect of corrupt activities relating to witnesses and evidential material during certain proceedings
12. Offences in respect of corrupt activities relating to contracts
13. Offences in respect of corrupt activities relating to procuring and withdrawal of tenders
14. Offences in respect of corrupt activities relating to auctions
15. Offences in respect of corrupt activities relating to sporting events
16. Offences in respect of corrupt activities relating to gambling games or games of chance

Part 5. Miscellaneous offences relating to possible conflict of interest and other unacceptable conduct
17. Offence relating to acquisition of private interest in contract, agreement or investment of public body
18. Offences of unacceptable conduct relating to witnesses
19. Intentional interference with, hindering or obstructing of investigation of offence

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. INVESTIGATIONS REGARDING POSSESSION OF PROPERTY RELATING TO CORRUPT ACTIVITIES
22. Investigations regarding property relating to corrupt activities
23. Application for, and issuing of investigation direction in respect of possession of property disproportionate to a person's present or past known sources of income or assets

CHAPTER 4. PRESUMPTIONS AND DEFENCES
24. Presumptions
25. Defences

CHAPTER 5. PENALTIES AND RELATED MATTERS
26. Penalties
27. Authorisation by National Director, Deputy National Director or Director to institute proceedings in respect of certain offences
28. Endorsement of Register.

CHAPTER 6. REGISTER FOR TENDER DEFAULTERS
29. Establishment of Register
30. Designation of Registrar
31. Powers, duties and functions of Registrar
32. Access to Register
33. Regulations pertaining to Register

CHAPTER 7. MISCELLANEOUS MATTERS
34. Duty to report corrupt transactions
35. Extraterritorial jurisdiction
36. Repeal and amendment of laws and transitional provisions
37. Short title and commencement
Sch. SCHEDULE [s36]

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