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ARTICLE · 02 NOVEMBER 2005

No Free Lunches

The Prevention and Combating of Corrupt Activities Act repealed the South African Corruption Act. It constitutes one of the most far reaching anti corruption statutes in the world.

South AfricaCriminal Law
Roger Wakefield
Roger Wakefield

The South African law on corruption has its roots in a Dutch plakaat of July 1651 which provided that-

"certain …. dangerous and mischievous persons do to the …. contempt of the Supreme Government … so much embolden themselves, that, should they have anything to request from the said High Government, they do dare to attempt to present to members of [Government] certain gifts or presents, whilst they, on the contrary, should have such esteem for the faithfulness, sincerity, virtue and uprightness of the member of the Government ….. So therefore, we …. Do most expressly interdict and forbid any person, to give or promise … any gift or presents of anything, however small these may be, …"

The 1992 Corruption Act sought to expand the common law crime of bribery (which concerned benefits given to and received by government officials) by including, under the general label "Corruption," any improper payments made to, and accepted by, individuals in the private sector.

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