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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 2 : Offences in respect of corrupt activities relating to specific persons

7. Offences in respect of corrupt activities relating to members of legislative authority

 

(1) Any—
(a) member of the legislative authority who, directly or indirectly, 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
(b) person who, directly or indirectly, gives or agrees or offers to give any gratification to a member of the legislative authority, whether for the benefit of that member 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 legal duty or a set of rules;
(iii) designed to achieve an unjustified result; or
(iv) that amounts to any other unauthorised or improper inducement to do or not to do anything,

is guilty of the offence of corrupt activities relating to members of the legislative authority.

 

(2) Without derogating from the generality of section 2(4), "to act" in subsection (1) includes—
(a) absenting himself or herself from;
(b) voting at any meeting of;
(c) aiding or assisting in procuring or preventing the passing of any vote in;
(d) exerting any improper influence over the decision making of any person performing his or her functions as a member of; or
(e) influencing in any way, the election, designation or appointment of any functionary to be elected, designated or appointed by,

the legislative authority of which he or she is a member or of any committee or joint committee of that legislative authority.