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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 5 : Miscellaneous offences relating to possible conflict of interest and other unacceptable conduct

17. Offence relating to acquisition of private interest in contract, agreement or investment of public body

 

(1) Any public officer who, subject to subsection (2), acquires or holds a private interest in any contract, agreement or investment emanating from or connected with the public body in which he or she is employed or which is made on account of that public body, is guilty of an offence.

 

(2) Subsection (1) does not apply to—
(a) a public officer who acquires or holds such interest as a shareholder of a listed company;
(b) a public officer, whose conditions of employment do not prohibit him or her from acquiring or holding such interest; or
(c) in the case of a tender process, a public officer who acquires a contract, agreement or investment through a tender process and whose conditions of employment do not prohibit him or her from acquiring or holding such interest and who acquires or holds such interest through an independent tender process.