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Prevention and Combating of Corrupt Activities Act, 2004 (Act No. 12 of 2004)

Chapter 2 : Offences in respect of corrupt activities

Part 4 : Offences in respect of corrupt activities relating to specific matters

11. Offences in respect of corrupt activities relating to witnesses and evidential material during certain proceedings

 

(1) Any person who, directly or indirectly, accepts or agrees or offers to accept any gratification from any other person, whether for the benefit of himself or herself or for the benefit of another person, in return for—
(a) testifying in a particular way or fashion or in an untruthful manner in a trial hearing or other proceedings before any court, judicial officer, committee, commission or officer authorised by law to hear evidence or take testimony;
(b) withholding testimony or withholding a record, document, police docket or other object at any such trial, hearing or proceedings;
(c) giving or withholding information relating to any aspect at any such trial, hearing or proceedings;
(d) altering, destroying, mutilating, or concealing a record, document, police docket or other object with the intent to impair the availability of such record, document, police docket or other object for use at such trial, hearing or proceedings;
(e) giving or withholding information relating to or contained in a police docket;
(f) evading legal process summoning that person to appear as a witness or to produce any record, document, police docket or other object at such trial, hearing or proceedings; or
(g) being absent from such trial, hearing or proceedings,

is guilty of the offence of corrupt activities relating to witnesses and evidential material during certain proceedings.

 

(2) Any person who, directly or indirectly, gives or agrees or offers to give any gratification to any other person, whether for the benefit of that other person or for the benefit of another person, with the intent to—
(a) influence, delay or prevent the testimony of that person or another person as a witness in a trial, hearing or other proceedings before any court, judicial officer, committee, commission or any officer authorised by law to hear evidence or take testimony; or
(b) cause or induce any person to—
(i) testify in a particular way or fashion or in an untruthful manner in a trial, hearing or other proceedings before any court, judicial officer, committee, commission or officer authorised by law to hear evidence or take testimony;
(ii) withhold testimony or to withhold a record, document, police docket or other object at such trial, hearing or proceedings;
(iii) give or withhold information relating to any aspect at any such trial, hearing or proceedings;
(iv) alter, destroy, mutilate, or conceal a record, document, police docket or other object with the intent to impair the availability of such record, document, police docket or other object for use at such trial, hearing or proceedings;
(v) give or withhold information relating to or contained in a police docket;
(vi) evade legal process summoning that person to appear as a witness or to produce any record, document, police docket or other object at such trial, hearing or proceedings; or
(vii) be absent from such trial, hearing or other proceedings,

is guilty of the offence of corrupt activities relating to witnesses and evidential material during certain proceedings.