CHAPTER 9:16

Prevention Of Corruption Act

Acts 34/I985, 8/1988 (s. 164), 18/1989 (s. 39), 11/1991 (s. 28), 22/1992 (s. 16), 15/1994, 22/2001 (s. 4), 14/2002 (s. 15), 23/2004 (s. 282), 27/2004 (s. 37).

ARRANGEMENT OF SECTIONS

PART I

PRELIMINARY

Section

1. Short title.

PART II

PREVENTION OFCORRUPTION

3. [Repealed].
4. [Repealed].
5. [Repealed].

PART III

INVESTIGATION OFCLAIMSARISING FROMDISHONESTY ORCORRUPTION

6. Power of Minister to specify persons.
7. Appointment of investigators.
8. Functions of investigators.
9. Examination of persons by investigators.
10. Transactions by specified persons.
11. Prohibition against disclosure of investigators’ reports.
13. Offences relating to investigations.

PART IV

GENERAL

14. Prevention of victimization.
15. Presumptions and evidence.
17. Effect of Act on other laws.

AN ACT to provide for the prevention of corruption and the investigation of claims arising from dishonesty or corruption; and to provide for matters connected therewith or incidental thereto.

[Date of commencement: 7th February, 1986.]

PART I

PRELIMINARY

1    Short title

This Act may be cited as the Prevention of Corruption Act [Chapter 9:16].

                       2    Interpretation

In this Act—

“agent” means a person employed by or acting for another in any capacity whatsoever, and includes—

• the trustee of an insolvent estate;
• the assignee of an estate that has been assigned for the benefit or with the consent of creditors;
• the liquidator of a company or other body corporate that is being wound up or dissolved;
• the executor of the estate of a deceased person;
• the legal representative of a person who is a minor or of unsound mind or who is otherwise

under legal disability;

• a public officer;
• a member of a board, committee or other authority which is responsible for administering the affairs or business of a body corporate or association other than a statutory body or local authority;

“consideration” means any right, interest, profit, indemnity or benefit or other valuable consideration of any kind;

“investigator” means—

• a person appointed as investigator in terms of section seven; or
• an employee, assistant or other person authorized by an investigator in terms of subsection (3) of section eight;

“local authority” means a municipality, town, local board, provincial council or rural district council or any similar body established by or in terms of any enactment;

“Minister” means the Minister of Justice, Legal and Parliamentary Affairs or any other Minister to whom the President may, from time to time, assign the administration of this Act;

“principal” means the employer or other person for whom an agent acts and, in relation to—

• a trustee, assignee, liquidator, executor or legal representative referred to in the definition of “agent”, includes all persons represented by the trustee, assignee, liquidator, executor or legal representative, as the case may be, or in relation to whom he stands in a position of trust;
• a public officer who is a Vice-President and a Minister who is a member of the Cabinet, includes both the State and the Cabinet;
• a member of a council, board, committee or authority which is a statutory body or local authority or which is responsible for administering the affairs of a statutory body, local authority, body corporate or association, includes both such council, board, committee or authority and the statutory body, local authority, body corporate or association for whose affairs it is responsible; “property” means property of any description whatsoever, including money;

“public officer” means—

• a Vice-President, Minister or Deputy Minister; or
• a governor appointed in terms of an Act referred to in section IIIA of the Constitution; or
• a member of a council, board, committee or other authority which is a statutory body or local authority or which is responsible for administering the affairs or business of a statutory body or local authority; or
• a person holding or acting in a paid office in the service of the State, a statutory body or a local

authority;

“record” includes any device or medium whereon or wherein information is recorded;

“specified person” means any person specified in a notice published by the Minister in terms of section six;

“statutory body” means—

• any Commission established by the Constitution; or
• any body corporate established directly by or under any Act for special purposes specified in that Act, the membership of which consists wholly or mainly of persons appointed by the President, a Vice-President, a Minister or by any other statutory body.

PART II

PREVENTION OFCORRUPTION

• …..
• …..
• …..

[Sections 3-5 repealed by Act 23 of 2004]

PART III

INVESTIGATION OFCLAIMSARISING FROMDISHONESTY ORCORRUPTION

                       6    Power of Minister to specify persons

(1) Where the Minister, on reasonable grounds, suspects that any person—

• by theft, fraud or other unlawful means, has caused the misappropriation or loss of property of the State, a statutory body, a local authority or any other person; or
• has received property from the State, a statutory body, a local authority or any other person, whether directly or indirectly, in contravention of any law or as a result, either direct or indirect, of the action of any person who has caused misappropriation or loss such as is referred to in paragraph (a); or
• has accepted or obtained any benefit, advantage or profit corruptly or in circumstances that amount to an offence in terms of this Act or Chapter IX (“Bribery and Corruption” of the Criminal Law Code;

[Paragraph substituted by Act 23 of 2004]

• …..

[Paragraph repealed by Act 23 of 2004]

• is associated with, or has been party to any transaction whatsoever with, any other person who has done anything referred to in paragraph (a), (b) or (c) and, as a result of such association or transaction, may be liable to the State, a statutory body, a local authority or any other person for any claim or proceedings in respect of any property or be liable to have the transaction set aside;