Gold Membership
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Prevention and Combating of Corrupt Activities Act, 2004 (Act No. 12 of 2004)Chapter 2 : Offences in respect of corrupt activitiesPart 4 : Offences in respect of corrupt activities relating to specific matters14. Offences in respect of corrupt activities relating to auctions |
| (1) | Any auctioneer 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 another person—
(i) in order to conduct the bidding process at an auction in a manner so as to favour or prejudice a specific person; or
(ii) as a reward for acting as contemplated in subparagraph (i); or
(b) 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—
(i) in order to influence that person to—
(aa) refrain from bidding at an auction; or
(bb) participate, personally or by influencing any other person so to participate, in the bidding process at an auction in such a manner so as to get a specific offer for the article or to sell the article at a specific amount or to sell the article to a specific bidder; or
(ii) as a reward for acting as contemplated in subparagraph (i),
is guilty of the offence of corrupt activities relating to auctions.
(2) Any person who, directly or indirectly—
| (a) | accepts or agrees or offers to accept any gratification from any other person or an auctioneer, whether for the benefit of himself or herself or for the benefit of another person— |
| (i) | in return for that person— |
| (aa) | refraining from bidding at an auction; or |
| (bb) | participating, personally or by influencing any other person so to participate, at an auction in the bidding process in order to get a specific offer for the article or to buy the article for a specific amount or to sell the article to a specific bidder; or |
| (ii) | as a reward for acting as contemplated in subparagraph (i); or |
| (b) | gives or agrees or offers to give any gratification to an auctioneer, whether for the benefit of that auctioneer or for the benefit of another person— |
| (i) | in order to influence that auctioneer to conduct the bidding process at an auction in such a manner so as to favour or prejudice a specific person; or |
| (ii) | as a reward for acting as contemplated in subparagraph (i); or |
| (c) | 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— |
| (i) | in return for that other person— |
| (aa) | refraining from bidding at an auction; or |
| (bb) | participating, personally or by influencing any other person so to participate, in the bidding process at an auction in such a manner so as to get a specific offer for the article or to sell the article at a specific amount or to sell the article to a specific bidder; or |
| (ii) | as a reward for acting as contemplated in subparagraph (i), |
is guilty of the offence of corrupt activities relating to auctions.
