Prevention and Combating of Corrupt Activities Act, 2004 (Act No. 12 of 2004)Chapter 7 : Miscellaneous matters35. Extraterritorial jurisdiction |
| (1) | Even if the act alleged to constitute an offence under this Act occurred outside the Republic, a court of the Republic shall, regardless of whether or not the act constitutes an offence at the place of its commission, have jurisdiction in respect of that offence if the person to be charged— |
| (a) | is a citizen of the Republic; |
| (b) | is ordinarily resident in the Republic; |
| (c) | was arrested in the territory of the Republic, or in its territorial waters or on board a ship or aircraft registered or required to be registered in the Republic at the time the offence was committed; |
| (d) | is a company, incorporated or registered as such under any law, in the Republic; or |
| (e) | any body of persons, corporate or unincorporated, in the Republic. |
| (2) | Any act alleged to constitute an offence under this Act and which is committed outside the Republic by a person, other than a person contemplated in subsection (1), shall, regardless of whether or not the act constitutes an offence or not at the place of its commission, be deemed to have been committed also in the Republic if that— |
| (a) | act affects or is intended to affect a public body, a business or any other person in the Republic; |
| (b) | person is found to be in South Africa; and |
| (c) | person is for one or other reason not extradited by South Africa or if there is no application to extradite that person. |
| (3) | Any offence committed in a country outside the Republic as contemplated in subsection (1) or (2), is, for the purpose of determining the jurisdiction of a court to try the offence, deemed to have been committed— |
| (a) | at the place where the accused is ordinarily resident; or |
| (b) | at the accused person's principal place of business. |
| (4) | Where a person is charged with conspiracy or incitement to commit an offence or as an accessory after the offence, the offence is deemed to have been committed not only at the place where the act was committed, but also at every place where the conspirator, inciter or accessory acted or, in case of an omission, should have acted. |