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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

12. Offences in respect of corrupt activities relating to contracts

 

(1) Any person who, directly or indirectly—
(a) 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 that other person or of another person; or
(b) gives or agrees or offers to give to any other person any gratification, whether for the benefit of that other person or for the benefit of another person,
(i) in order to improperly influence. in any way—
(aa) the promotion, execution or procurement of any contract with a public body, private organisation, corporate body or any other organisation or institution; or
(bb) the fixing of the price, consideration or other moneys stipulated or otherwise provided for in any such contract; or
(ii) as a reward for acting as contemplated in paragraph (a),

is guilty of the offence of corrupt activities relating to contracts.

 

(2) Any person who, in order to obtain or retain a contract with a public body or as a term of such contract, 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—
(a) for the purpose of promoting, in any way, the election of a candidate or a category or party of candidates to the legislative authority; or
(b) with the intent to influence or affect, in any way, the result of an election conducted for the purpose of electing persons to serve as members of the legislative authority.

is guilty of an offence.