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Prevention and Combating of Corrupt Activities Act, 2004 (Act No. 12 of 2004)Chapter 5 : Penalties and related matters27. Authorisation by National Director, Deputy National Director or Director to institute proceedings in respect of certain offences |
The institution of a prosecution for an offence referred to in section 17(1), 23(7)(b) or 34(2), must be authorised in writing by the National Director, a Deputy National Director of Public Prosecutions or the Director of Public Prosecutions concerned and only after the person concerned has been afforded a reasonable opportunity by the investigating or prosecuting authority, as the case may be, to explain, whether personally or through a legal representative—
| (a) | in the case of section 17(1), how he or she acquired the private interest concerned; |
| (b) | in the case of section 23(7)(b), how he or she acquired the property or resources concerned; or |
| (c) | in the case of section 34(2), why he or she failed to report in terms of section 34(2). |
