| Prevention of Corrupt Activities Act 12, 2004 | |
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| Parliament of South Africa | |
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| Citation | Act No. 12 of 2004 |
| Enacted by | Parliament of South Africa |
| Assented to | 27 April 2004 |
| Commenced | 27 April 2004 |
| Status: In force | |
Prevention of Corrupt Activities Act, Act 12 of 2004 in South Africa provides for the strengthening of measures to prevent and combat corruption and corrupt activities in both the public and private sectors of South African society.
The following is a brief description of the sections of the Prevention of Corrupt Activities Act: [1]
Defines the explanations of keywords in the Act.
Defines in regard to the Act, what the definition is of "having knowledge of a fact" and defines what "knowing" means. Defines what is "accepting or agreeing or offering to accept any gratification" and defines what is "to give or agree or offer to give any gratification". Defines that "any person" can mean someone in the private sector.
Defines what is regarded as corruption to be found guilty of an offence.
Defines what is regarded as corruption in regard to public officials to be found guilty of an offence.
Defines what is regarded as corruption in regard to foreign public officials to be found guilty of an offence.
Defines what is regarded as corruption in regard to agents to be found guilty of an offence.
Defines what is regarded as corruption in regard to members of a legislative authority to be found guilty of an offence.
Defines what is regarded as corruption in regard to judicial officers to be found guilty of an offence.
Defines what is regarded as corruption in regard to prosecuting authorities to be found guilty of an offence.
Defines what is regarded as corruption regarding receiving or offering of unauthorised gratification by or party to an employment relationship to be found guilty of an offence.
Defines the offences one is guilty of in respect of corrupt activities relating to witnesses and evidential material during certain proceedings.
Defines the offences one is guilty of in respect of corrupt activities relating to contracts.
Defines the offences in respect of corrupt activities relating to procuring and withdrawal of tenders.
Defines the offences in respect of corrupt activities relating to auctions.
Defines the offences in respect of corrupt activities relating to sporting event
Defines the offences in respect of corrupt activities relating to gambling games or games of chance.
Defines the offence in relation to acquisition of private interest in contract, agreement, or investment of public body.
Defines the offence of an unacceptable conduct relating to witnesses.
Defines the offence of intentional interference with, hindering or obstruction of an investigation of an offence.
Defines the offence of accessory to gratification or gratification after the offence to be found guilty.
Defines the offence of attempting, conspiracy and inducing another person to commit offence to be found guilty.
Defines the rights of the National Director of Prosecutions to institute an investigation in regards offences covered in Section 2 to 4 and later seize property related to corrupt activities.
Defines the procedures for the National Director of Prosecutions to apply before a judge to issue an investigation direction in respect of possession of property disproportionate to a person's present or past known sources of income or assets. Defines the judges procedures. Defines the National Director of Prosecutions right, after being granted investigation directions, to summon, question and enter a suspect's premises. Defines it as an offence to obstruct, hinder or provide misleading information.
Defines the presumptions that the State can use when a person is charged with an offence in relation to parts and sections of the Act. It also defines that presumptions the State can use if a person investigating or prosecuting a person accepts a gratification.
Defines in relation to parts and sections of the Act, certain court defences that are not valid.
Defines the penalties of fines or imprisonment after being found guilty of an offence, depending on what type of court the offence was heard in and what parts of the Act or sections they have been found guilty of.
Defines when the National Director of Prosecutions can proceed to prosecute. Defines the right of the accuse to a proper investigation of the allegation, give an explanation, and have legal advice.
Defines that an offence can be recorded in a Register and the details if the court so decides. Defines, once on the register, the powers of the National Treasury to cancel tenders or agreements, the time penalties being between 5 and 10 years before resumption of tendering or agreements, and the purchasing sections from any government department being informed. Defines the National Treasury right to use legal remedies to recover funds. Defines that National Treasury inform all its decision. Defines that any person or enterprise that has been on the register must declare it or it is an offence.
Defines that the Minister of Finance establish a register known as the Register for Tender Defaulters within the Office of the National Treasury.
Defines that the Minister of Finance appoint a Registrar.
Defines the powers, duties, and functions of Registrar.
Defines that the register is open to the public.
Defines the Finance Minister's abilities to create regulations for the Register and penalties for contravening the regulations.
Defines who is regarded as being in a position of authority, and if they are knowledgeable or should have known about, a person/s who has committed an offence as stated in the Act, or and offence over R100,000 in other case, must report it to the police. It's an offence if one fails to report it. Police with record the report and issue a receipt. National Commissioner must publish within three months, depending on section34 1(a) or (b) in the Government Gazette of South Africa or in Parliament prior to publication.
Defines that if an offence committed under Act occurred outside South Africa, the courts would have authority if certain conditions were met.
Defines that laws or sections of certain laws are amended and listed in the schedule. Criminal proceedings and investigations under the Corruption Act 1992, existing prior to commencement of this Act continue as if the Act didn't exist. Other Acts or sections amended by this Act remain in place for criminal proceedings and investigations under the Corruption Act 1992 prior to the assent.
Defines the name of the Act, the date it came into operation and that section 34(2) came into operation on 31 July 2004.
Child sex tourism (CST) is tourism for the purpose of engaging in the prostitution of children, which is commercially facilitated child sexual abuse. The definition of child in the United Nations Convention on the Rights of the Child is "every human being below the age of 18 years". Child sex tourism results in both mental and physical consequences for the exploited children, which may include sexually transmitted infections, "drug addiction, pregnancy, malnutrition, social ostracism, and death", according to the State Department of the United States. Child sex tourism, part of the multibillion-dollar global sex tourism industry, is a form of child prostitution within the wider issue of commercial sexual exploitation of children. Child sex tourism victimizes approximately 2 million children around the world. The children who perform as prostitutes in the child sex tourism trade often have been lured or abducted into sexual slavery.
Bribery is the offering, giving, receiving, or soliciting of any item of value to influence the actions of an official, or other person, in charge of a public or legal duty. With regard to governmental operations, essentially, bribery is "Corrupt solicitation, acceptance, or transfer of value in exchange for official action." Gifts of money or other items of value which are otherwise available to everyone on an equivalent basis, and not for dishonest purposes, is not bribery. Offering a discount or a refund to all purchasers is a legal rebate and is not bribery. For example, it is legal for an employee of a Public Utilities Commission involved in electric rate regulation to accept a rebate on electric service that reduces their cost for electricity, when the rebate is available to other residential electric customers. However, giving a discount specifically to that employee to influence them to look favorably on the electric utility's rate increase applications would be considered bribery.
Perverting the course of justice is an offence committed when a person prevents justice from being served on themselves or on another party. In England and Wales it is a common law offence, carrying a maximum sentence of life imprisonment. Statutory versions of the offence exist in Australia, Canada, Hong Kong, Ireland, and New Zealand. The Scottish equivalent is defeating the ends of justice, while the South African counterpart is defeating or obstructing the course of justice. A similar concept, obstruction of justice, exists in United States law.
The Sexual Offences Act 2003 is an Act of the Parliament of the United Kingdom.
The Obscene Publications Act 1959 is an Act of Parliament of the United Kingdom Parliament that significantly reformed the law related to obscenity in England and Wales. Prior to the passage of the Act, the law on publishing obscene materials was governed by the common law case of R v Hicklin, which had no exceptions for artistic merit or the public good. During the 1950s, the Society of Authors formed a committee to recommend reform of the existing law, submitting a draft bill to the Home Office in February 1955. After several failed attempts to push a bill through Parliament, a committee finally succeeded in creating a viable bill, which was introduced to Parliament by Roy Jenkins and given the Royal Assent on 29 July 1959, coming into force on 29 August 1959 as the Obscene Publications Act 1959. With the committee consisting of both censors and reformers, the actual reform of the law was limited, with several extensions to police powers included in the final version.
The Corrupt Practices Investigation Bureau (CPIB) is a government agency in Singapore under the Prime Minister's Office (PMO). The CPIB has the mandate to investigate into any acts or forms of corruption in the public and private sectors in Singapore, and in the course of doing so, any other offences under any written law.
The National Prosecution Authority (NPA) is the agency of the South African government responsible for state prosecutions. Under Section 179 of the Constitution and the National Prosecuting Authority Act of 1998, which established the NPA in 1998, the NPA has the power to institute criminal proceedings on behalf of the state and to carry out any necessary functions incidental to institution of criminal proceedings. The NPA is accountable to Parliament, and final responsibility over it lies with the Minister of Justice and Correctional Services.
R v Brown[1993] UKHL 19, [1994] 1 AC 212 is a House of Lords judgment which re-affirmed the conviction of five men for their involvement in consensual unusually severe sadomasochistic sexual acts over a 10-year period. They were convicted of a count of unlawful and malicious wounding and a count of assault occasioning actual bodily harm. The key issue facing the Court was whether consent was a valid defence to assault in these circumstances, to which the Court answered in the negative. The acts involved included the nailing of a part of the body to a board, but not so as to necessitate, strictly, medical treatment.
Corrupt practices in English election law includes bribery, treating, undue influence, personation, and aiding, abetting, counselling and procuring personation.
The Public Bodies Corrupt Practices Act 1889 was an act of the Parliament of the United Kingdom of Great Britain and Ireland. It was one of the Prevention of Corruption Acts 1889 to 1916, a collective title adopted in 1916.
Rape is a type of sexual assault initiated by one or more persons against another person without that person's consent. The act may be carried out by physical force, under threat or manipulation, by impersonation, or with a person who is incapable of giving valid consent.
Terrorism in South Africa has not been seen as a significant threat to the security of the state since the end of apartheid.
The Criminal Law Act 1967 is an Act of the Parliament of the United Kingdom that made some major changes to English criminal law, as part of wider liberal reforms by the Labour government elected in 1966. Most of it is still in force.
In common law jurisdictions, statutory rape is nonforcible sexual activity in which one of the individuals is below the age of consent. Although it usually refers to adults engaging in sexual contact with minors under the age of consent, it is a generic term, and very few jurisdictions use the actual term statutory rape in the language of statutes.
The Prevention of Corruption Act, 1988 is an Act of the Parliament of India enacted to combat corruption in government agencies and public sector businesses in India.
The Independent Corrupt Practices Commission (ICPC), is a Nigerian agency that was inaugurated on 29 September 2000 following the recommendation of President Olusegun Obasanjo. The mandate is to receive and investigate reports of corruption and in appropriate cases prosecute the offender(s), to examine, review and enforce the correction of corruption prone systems and procedures of public bodies, with a view to eliminating corruption in public life, and to educate and enlighten the public on and against corruption and related offences with a view to enlisting and fostering public support for the fight against corruption. The Corrupt Practices and other Related Offences Act 2000 governs the committee's activities.
The Bribery Act 2010 (c.23) is an Act of the Parliament of the United Kingdom that covers the criminal law relating to bribery. Introduced to Parliament in the Queen's Speech in 2009 after several decades of reports and draft bills, the Act received the Royal Assent on 8 April 2010 following cross-party support. Initially scheduled to enter into force in April 2010, this was changed to 1 July 2011. The Act repeals all previous statutory and common law provisions in relation to bribery, instead replacing them with the crimes of bribery, being bribed, the bribery of foreign public officials, and the failure of a commercial organisation to prevent bribery on its behalf.
The first signs of the modern distinction between criminal and civil proceedings were during the Norman conquest of England in 1066. The earliest criminal trials had very little, if any, settled law to apply. However, the civil delictual law was highly developed and consistent in its operation.
Criminal procedure in South Africa refers to the adjudication process of that country's criminal law. It forms part of procedural or adjectival law, and describes the means by which its substantive counterpart, South African criminal law, is applied. It has its basis mainly in English law.
The Constitution itself anchors the role of the Director of Public Prosecutions in Kenya. The Office of the Director of Public Prosecutions (ODPP) is the National Prosecuting Authority in Kenya. The Constitution mandates it to prosecute all criminal cases in the country.