Prevention and Combating of Corrupt Activities Act as an Investigative Instrument Pertaining to Bribery and Corruption

• NCJ Number: 221599
• Journal: Acta Criminologica Volume: 17 Issue: 3 Dated: 2004 Pages: 106-118
• Author(s): D. Lambrechts
• Date Published: 2004
• Length: 13 pages
• Publication Format: Article
• Publication Type: Legislation/Policy Description
• Language: English
• Country: South Africa
• Note: Downloaded February 14, 2008; To access the full text PDF: 1) select the provided link; 2) from the Acta Criminologica Web site, select "Table of Contents"; 3) select the corresponding Volume and Issue (see the NCJRS abstract record for the exact Volume and Issue); 4) scroll the Table of Contents to the exact article; and 5) click on the "full text" icon

Annotation

After reviewing the history of South African legislation designed to counter corruption and bribery in government and commercial enterprises, this paper presents and explains provisions of the current legislation in this domain, the Prevention and Combatting of Corrupt Activities Act 12 of 2004.

Abstract

Act 12 is a radical departure from the South African legislation on corruption and bribery that it replaced. Act 12's provisions follow the trend of modern international legislation in "unbundling" corruption by defining various specific actions that constitute corruption. One important provision of Act 12 is its specification of the variety of plea and sentence agreements that defense attorneys may make with the prosecution. Punishments are harsh under Act 12; for example, life imprisonment is the punishment for providing information related to or contained in a police case docket. The preamble of Act 12 makes clear why violations of the Act's provisions are such serious offenses. It states that the criminal acts defined in the law "endanger the stability and security of societies, undermine the institutions and values of democracy and ethical values and morality, jeopardize sustainable development, the rule of law and the credibility of governments, and provide a breeding ground for organized crime." This paper presents the most important definitions contained in Act 12 and then presents provisions that specify acts that constitute corruption. These include the general offenses of corruption, corrupt activities that relate to specific persons, the receiving or offering of unauthorized gratification, corrupt activities that relate to specific matters, miscellaneous offenses that relate to possible conflict of interest and other unacceptable conduct, and accessory or "incomplete" offenses. A 3-item bibliography and a list of decided cases and relevant statutes