In this Act. unless the context indicates otherwise—
"agent"
means any authorised representative who acts on behalf of his or her principal and includes a director, officer, employee or other person authorised to act on behalf of his or her principal, and "agency" has a corresponding meaning;
"animal"
means any living vertebrate member of the animal kingdom, domestic or wild, but does not include a human being;
"business"
means any business, trade, occupation, profession, calling, industry or undertaking of any kind, or any other activity carried on for gain or profit by any person within the Republic or elsewhere, and includes all property derived from or used in or for the purpose of carrying on such other activity, and all the rights and liabilities arising from such other activity;
"dealing"
includes—
| (a) |
any promise, purchase, sale, barter, loan, charge, mortgage, lien, pledge, caveat, transfer, delivery, assignment, subrogation, transmission, gift, donation, trust, settlement, deposit, withdrawal, transfer between accounts or extension of credit; |
| (b) |
any agency or grant of power of attorney; or |
| (c) |
any act which results in any right, interest, title or privilege, whether present or future or whether vested or contingent, in the whole or in part of any property being conferred on any person; |
"foreign public official"
means—
| (a) |
any person holding a legislative, administrative or judicial office of a foreign state; |
| (b) |
any person performing public functions for a foreign state, including any person employed by a board, commission, corporation or other body or authority that performs a function on behalf of the foreign state; or |
| (c) |
an official or agent of a public international organisation; |
"foreign state"
means any country other than South Africa, and includes—
| (a) |
any foreign territory; |
| (b) |
all levels and subdivisions of government of any such country or |
| (c) |
any agency of any such country or territory or of a political subdivision territory of any such country or territory; |
"gambling game"
means any gambling game as defined in section 1 of the National Gambling Act, 1996 (Act No. 33 of 1996);
"game of chance"
includes a lottery, lotto, numbers game, scratch game, sweepstake, or sports pool;
"gratification"
includes—
| (a) |
money, whether in cash or otherwise; |
| (b) |
any donation, gift, loan, fee, reward, valuable security, property or interest in property of any description, whether movable or immovable, or any other similar advantage; |
| (c) |
the avoidance of a loss, liability, penalty, forfeiture. punishment or other disadvantage; |
| (d) |
any office, status, honour, employment, contract of employment or services, any agreement to give employment or render services in any capacity and residential or holiday accommodation; |
| (e) |
any payment, release, discharge or liquidation of any loan, obligation or other liability, whether in whole or in part; |
| (f) |
any forbearance to demand any money or money‘s worth or valuable thing; |
| (g) |
any other service or favour or advantage of any description, including protection from any penalty or disability incurred or apprehended or from any action or proceedings of a disciplinary, civil or criminal nature, whether or not already instituted, and includes the exercise or the forbearance from the exercise of any right or any official power or duty; |
| (h) |
any right or privilege; |
| (i) |
any real or pretended aid, vote, consent, influence or abstention from voting; or |
| (j) |
any valuable consideration or benefit of any kind, including any discount, commission, rebate, bonus, deduction or percentage; |
"induce"
includes to persuade, encourage, coerce, intimidate or threaten or cause a person, and "inducement" has a corresponding meaning;
"judicial officer"
means—
| (a) |
any constitutional court judge or any other judge as defined in section 1 of the Judges’ Remuneration and Conditions of Employment Act, 2001 (Act No. 47 of 2001); |
| (b) |
a judge of the Labour Court appointed under section 153(1)(a) or (b), (4) or ( 5 ) of the Labour Relations Act, 1995 (Act No. 66 of 1995); |
| (c) |
the President or judge of the Land Claims Court appointed under section 22(3), (4) or (8) of the Restitution of Land Rights Act, 1994 (Act No. 22 of 1994); |
| (d) |
any judge of the Competition Appeal Court appointed under section 36(2) of the Competition Act, 1998 (Act No. 89 of 1998); |
| (e) |
a judge or additional member appointed under section 7 of the Special Investigating Units and Special Tribunals Act, 1996 (Act No. 73 of 1996), to a Special Tribunal established in terms of section 2 of that Act; |
| (f) |
the presiding officer or member of the court of marine enquiry, the maritime court and the court of survey referred to in sections 267(1), 271(1) and 276(1) of the Merchant Shipping Act, 1951 (Act No. 57 of 1951), respectively; |
| (g) |
any presiding officer appointed under section 10(3)(b) of the Administration Amendment Act, 1929 (Act No. 9 of 1929), to a divorce court established in terms of section 10(1) of that Act; |
| (h) |
any regional magistrate or magistrate defined in section 1 of the Magistrates Act, 1993 (Act No. 90 of 1993); |
| (i) |
any commissioner appointed under section 9 of the Small Claims Courts Act, 1984 (Act No. 61 of 1984); |
| (j) |
any arbitrator, mediator or umpire, who in terms of any law presides at arbitration or mediation proceedings for the settlement by arbitration or mediation of a dispute which has been referred to arbitration or mediation; |
| (k) |
any adjudicator appointed under section 6 of the Short Process Courts and Mediation in Certain Civil Cases Act, 1991 (Act No. 103 of 1991); |
| (l) |
where applicable, any assessor who assists a judicial officer; |
| (m) |
any other presiding officer appointed to any court or tribunal established under any statute and who has the authority to decide causes or issues between parties and render decisions in a judicial capacity; |
| (n) |
any other person who presides at any trial, hearing, commission, committee or any other proceedings and who has the authority to decide causes or issues between parties and render decisions in a judicial capacity; or |
| (o) |
any person contemplated in paragraphs (a) to (n) who has been appointed in an acting or temporary capacity; |
"legislative authority"
means the legislative authority referred to in section 43 of the Constitution;
"listed company"
means a company, the equity share capital of which is listed on a stock exchange as defined in section 1 of the Stock Exchanges Control Act, 1985 (Act No. 1 of 1985);
"National Commissioner"
means the National Commissioner of the South African Police Service appointed in terms of section 207(1) of the Constitution;
"National Director"
means the National Director of Public Prosecutions appointed in terms of section 179(1) of the Constitution;
"official"
means any director, functionary, officer or agent serving in any capacity whatsoever in a public body, private organisation, corporate body, political party, institution or other employment, whether under a contract of service or otherwise, and whether in an executive capacity or not;
"person who is party to an employment relationship"
includes any person who in any manner assists in carrying on or conducting the business of an employer;
"police official"
means a "member" of the South African Police Service as defined in section 1 of the South African Police Service Act, 1995 (Act No. 68 of 1995);
"principal"
includes—
| (b) |
any beneficiary under a trust and any trust estate; |
| (c) |
the estate of a deceased person and any person with a beneficial interest in the estate of a deceased person; |
| (d) |
in the case of any person serving in or under a public body, the public body; or |
| (e) |
in the case of a legal representative referred to in the definition of "agent", the person represented by such legal representative; |
"private sector"
means all persons or entities, including any—
| (a) |
natural person or group of two or more natural persons who carries on a business; |
| (b) |
syndicate, agency, trust, partnership, fund, association, organisation or institution; |
| (c) |
company incorporated or registered as such; |
| (d) |
body of persons corporate or unincorporate; or |
but does not include—
| (c) |
any legislative authority or any member thereof; |
| (d) |
the judicial authority or any judicial officer; or |
| (e) |
the prosecuting authority or any member thereof; |
"property"
means money or any other movable, immovable, corporeal or incorporeal thing, whether situated in the Republic or elsewhere and includes any rights, privileges, claims, securities and any interest therein and all proceeds thereof;
"public body"
means—
| (a) |
any department of state or administration in the national or provincial sphere of government or any municipality in the local sphere of government; or |
(b) any other functionary or institution when—
| (i) |
exercising a power or performing a duty or function in terms of the Constitution or a provincial constitution; or |
| (ii) |
exercising a public power or performing a public duty or function in terms of any legislation; |
"public international organisation"
means—
| (i) |
of which two or more countries are members; or |
| (ii) |
that is constituted by persons representing two or more countries; |
| (b) |
an organisation established by, or a group of organisations constituted by— |
| (i) |
organisations of which two or more countries are members; or |
| (ii) |
organisations that are constituted by the representatives of two or more countries; or |
| (c) |
an organisation that is— |
| (i) |
an organ of, or office within, an organisation described in paragraph (a) or (b); |
| (ii) |
a commission, council or other body established by an organisation or organ referred to in subparagraph (i); or |
| (iii) |
a committee or a subcommittee of a committee of an organisation referred to in paragraph (a) or (b) or of an organ, council or body referred to in subparagraph (i) or (ii); |
"public officer"
means any person who is a member, an officer, an employee or a servant of a public body, and includes—
| (a) |
any person in the public service contemplated in section 8(1) of the Public Service Act, 1994 (Proclamation No. 103 of 1994); |
| (b) |
any person receiving any remuneration from public funds; or |
| (c) |
where the public body is a corporation, the person who is incorporated as such, |
but does not include any—
| (a) |
member of the legislative authority; |
| (c) |
member of the prosecuting authority; |
"sporting event"
means any event or contest in any sport, between individuals or teams, or in which an animal competes, and which is usually attended by the public and is governed by rules which include the constitution, rules or code of conduct of any sporting body which stages any sporting event or of any regulatory body under whose constitution, rules or code of conduct the sporting event is conducted; and
"valuable security"
means any document—
| (a) |
creating, transferring, surrendering or releasing any right to, in or over property; |
| (b) |
authorising the payment of money or delivery of any property; or |
| (c) |
evidencing the creation, transfer, surrender or release of any such right, the payment of money or delivery of any property or the satisfaction of any obligation. |
Gold Membership
