Prevention and Combating of Corrupt Activities Act, 2004 (Act No. 12 of 2004)Chapter 7 : Miscellaneous matters34A. Failure by members of private sector or incorporated state-owned entities to prevent corrupt activities |
| (1) | Any member of the private sector or incorporated state-owned entity is guilty of an offence if a person associated with that member of the private sector or that incorporated state-owned entity gives or agrees, or offers to give any gratification prohibited in terms of Chapter 2 to another person, intending to obtain or retain— |
| (a) | business for that member of the private sector or that incorporated state-owned entity; or |
| (b) | an advantage in the conduct of business for that member of the private sector or that incorporated state-owned entity: Provided that no offence shall be committed where that member of the private sector or that incorporated state-owned entity had in place adequate procedures designed to prevent persons associated with that member of the private sector or that incorporated state-owned entity from giving, agreeing or offering to give any gratification prohibited in terms of Chapter 2. |
| (2) | For the purposes of section 34A(1), a person is associated with a member of the private sector or an incorporated state-owned entity if, disregarding any gratification under consideration, that person performs services for or on behalf of that member of the private sector or that incorporated state-owned entity, irrespective of the capacity in which such person performs services for or on behalf of that member of the private sector or that incorporated state-owned entity. |
[Section 34A inserted by section 23 of the Judicial Matters Amendment Act, 2023, Notice No. 4597, GG50430, dated 3 April 2024]