Gold Membership
R
Prevention and Combating of Corrupt Activities Act, 2004 (Act No. 12 of 2004)Chapter 2 : Offences in respect of corrupt activitiesPart 2 : Offences in respect of corrupt activities relating to specific persons6. Offences in respect of corrupt activities relating to agents |
Any—
(a) agent who, directly or indirectly—
(i) 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; or
(ii) gives or agrees or offers to give to any person any gratification, whether for the benefit of that person or for the benefit of another person; or
(b) person who, directly or indirectly—
| (i) | accepts or agrees or offers to accept any gratification from an agent, whether for the benefit of himself or herself or for the benefit of another person; or |
| (ii) | gives or agrees or offers to give any gratification to an agent, whether for the benefit of that agent or for the benefit of another person. |
in order to act, personally or by influencing another person so to act, in a manner—
| (i) | that amounts to the— |
| (aa) | illegal, dishonest, unauthorised, incomplete, or biased; or |
| (bb) | misuse or selling of information or material acquired in the course of the, |
exercise, carrying out or performance of any powers, duties or functions arising out of a constitutional, statutory, contractual or any other legal obligation;
| (ii) | that amounts to— |
| (aa) | the abuse of a position of authority; |
| (bb) | a breach of trust; or |
| (cc) | the violation of a Iegal duty or a set of rules: |
| (iii) | designed to achieve an unjustified result; or |
| (iv) | that amounts to any other unauthorised or improper inducement t o do or not to do anything, |
is guilty of the offence of corrupt activities relating to agents.
