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Prevention and Combating of Corrupt Activities Act, 2004 (Act No. 12 of 2004)Chapter 4 : Presumptions and Defences25. Defences |
Whenever an accused person is charged with an offence under Part 1, 2, 3 or 4, or section 20 or 21 (in so far as it relates to the aforementioned offences) of Chapter 2, it is not a valid defence for that accused person to contend that he or she—
| (a) | did not have the power, right or opportunity to perform or not to perform the act in relation to which the gratification was given, accepted or offered; |
| (b) | accepted or agreed or offered to accept, or gave or agreed or offered to give the gratification without intending to perform or not to perform the act in relation to which the gratification was given, accepted or offered; or |
| (c) | failed to perform or not to perform the act in relation to which the gratification was given, accepted or offered. |
