DEALING WITH WHITE COLLAR CRIME

A PRACTICAL APPROACH TO THE PREVENTION OF CORRUPTION

ANNEXURE A TO SECTION 6

STATUTES OF THE REPUBLIC OF SOUTH AFRICA - CRIMINAL LAW AND PROCEDURE

CORRUPTION ACT
NO. 94 OF 1992

(ASSENTED TO 18 JUNE, 1992) (DATE OF COMMENCEMENT: 3 JULY, 1992)

(English text signed by the State President)

ACT

To provide anew for the criminalization of corruption and for matters connected therewith.

1. Prohibition on offer or acceptance of benefit for commission of act in relation to certain powers or duties.-
   1. Any person-
      1. who corruptly gives or offers or agrees to give any benefit of whatever nature which is not legally due, to any person upon whom-
         1. any power has been conferred or who has been charged with any duty by virtue of any employment or the holding of any office or any relationship of agency or any law, or to anyone else, with the intention to influence the person upon which such power has been conferred or who has been charged with such duty to commit or omit to do any act in relation to such power or duty; or
         2. any power has been conferred or who has been charged with any duty by virtue of any employment or the holdings of any office or any relationship of agency or any law and who committed or omitted to do any act constituting any excess of such power or any neglect of such duty, with the intention to reward the person upon whom such power has been conferred or who has been charged with such duty because he so acted; or
      2. upon whom any power has been conferred or who has been charged with any duty by virtue of any employment or the holding of any post or any relationship of agency or any law and who corruptly receives or obtains or agrees to receive or attempts to obtain any benefit of whatever nature which is not legally due, from any person, either for himself or for anyone else, with the intention-
         1. that he should commit or omit to do any act in relation to such power or duty, whether the giver or offeror of the benefit has the intention to influence the person upon whom such power has been conferred or who has been charged with such duty, so to act or not; or
         2. to be rewarded for having committed or omitted to do any act constituting any excess of such power or any neglect of such duty, whether the giver or offeror of the benefit has the intention to reward the person upon whom such power has been conferred or who has been charged with such duty, so act or not,

   shall be guilty of an offence.

   2. If any offence referred to in subsection (1) or any part thereof is committed or done outside the Republic, it shall be deemed to have been committed or done in the Republic if the power or duty referred to in that subsection is connected with any person or any institution or any government body in the Republic.
      
      
2. Jurisdiction in respect of offences committed outside Republic.
   1. Any court within the area of jurisdiction in which the person, institution or government body referred to in subsection (2) of section 1 is domiciled or seated, shall have jurisdiction to try any offence referred to in that subsection.
   2. Subject to the provisions of section 47 of the First Schedule to the Defence Act, 1 957 (Act No. 44 of 1957), "court" shall, for the purposes of this section, mean-
      1. any magistrate's or regional court referred to in the Magistrates' Courts Act, 1944 (Act No. 32 of 1944); or
      2. any provincial or local division of the Supreme Court referred to in the Supreme Court Act, 1959 (Act No. 59 of 1959)
         
         
3. Penalties.- of the Criminal Subject to the provisions of section 277 (1) Procedure Act, 1977 (Act No. 51 of 1977), any person who is convicted of an offence referred to in section 1 shall be liable to any penalty within the punitive jurisdiction of the court concerned.
   
   
4. Repeal of laws.- The common law crime bribery, the Prevention of Corruption Act, 1958 (Act No. 6 of 1958), section 36 of the General Law Amendment Act, 1964 (Act No. 80 of 1964), and the Prevention of Corruption Amendment Act, 1982 (Act No. 43 of 1982), are hereby repealed.
   
   
5. Short title.- This Act shall be called the Corruption Act, 1992.

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