Proceeds of Crime Act, 1996 (Act No. 76 of 1996)Chapter 5 : Offences31. Failure to report suspicion regarding proceeds of crime |
| (1) | Any person who carries on a business or is in charge of a business undertaking who has reason to suspect that any property which comes into his or her possession or the possession of the said business undertaking forms the proceeds of crime, shall be obliged to report his or her suspicion and the grounds on which it rests, within a reasonable time to a person designated by the Minister and shall take all reasonable steps to discharge such obligation: Provided that nothing in this section shall be construed so as to infringe upon the common law right to professional privilege between an attorney and his or her client in respect of information communicated to the attorney so as to enable him or her to provide advice, to defend or to render other legal assistance to the client in connection with an offence under any law, of which he or she is charged, in respect of which he or she has been arrested or summoned to appear in court or in respect of which an investigation with a view to instituting criminal proceedings is being conducted against him or her. |
| (2) | Any person who fails to comply with an obligation contemplated in subsection (1) shall be guilty of an offence. |
(3)
| (a) | No obligation as to secrecy and no other restriction on the disclosure of information, whether imposed by any law, the common law or any agreement, shall affect any obligation imposed by subsection (1). |
| (b) | No liability based on a breach of an obligation as to secrecy or any restriction on the disclosure of information, whether imposed by any law, the common law or any agreement, shall arise from a disclosure of any information in compliance with any obligation imposed by subsection (1). |