| 1) |
A person must not initiate, sponsor, promote or knowingly participate in the distribution of any communication that— |
| a) |
offers to supply, or enter into an agreement to supply, any goods or services, or offers to enter into a transaction, or invites offers to enter into a transaction; and |
| b) |
falsely states, implies or represents that— |
| i) |
the communication is authorised by another person; or |
| ii) |
the author of the communication represents another person. |
| 2) |
A person must not directly or indirectly promote, or knowingly join, enter or participate in— |
| a) |
a fraudulent currency scheme, as described in subsection (3); |
| b) |
a fraudulent financial transaction, as described in subsection (4); |
| c) |
a fraudulent transfer of property or legal rights, as described in subsection (5); or |
| d) |
any other scheme declared by the Minister in terms of subsection (8), |
or cause another person to do so.
| 3) |
An arrangement, agreement, practice or scheme is a fraudulent currency scheme if it involves a person— |
| a) |
with the intent to defraud another person, representing that the first person is capable of— |
| i) |
producing currency by washing, dipping or otherwise treating any substance that is not currency with a chemical substance, or exposing it to an electrical charge, or to radiation of any kind; or |
| ii) |
producing currency, or increasing a sum of money, through scientific means, invocation of any juju or use of other invisible medium; or |
| b) |
making or issuing any currency, or making representations as being capable of doing so, unless the person is an authorised producer of that currency. |
| 4) |
An arrangement, agreement, practice or scheme is a fraudulent financial transaction if it involves any proceeds of a specified unlawful activity— |
| a) |
with intent to promote the carrying on of a specified unlawful activity; and |
| b) |
is designed in whole or in part to— |
| i) |
conceal or disguise the nature, location, source of ownership or control of the proceeds of a specified unlawful activity; or |
| ii) |
avoid a lawful transaction. |
| 5) |
An arrangement, agreement, practice or scheme is a fraudulent transfer of property or legal rights if it involves a person, by false pretence and with the intent to defraud another person— |
| a) |
obtaining any property from that person or any third person, as the case may be; or |
| b) |
inducing that person or any third person to— |
| i) |
deliver property at the direction of the first person; or |
| ii) |
confer a benefit of any kind on any person at the direction of the first person on the understanding that the benefit has or will be paid for. |
| 6) |
A person must not directly or indirectly represent, by false pretence or with the intent to defraud, another person to the effect that the first person is in possession of— |
| b) |
information relating to the whereabouts of any property or relating to any legal rights or potential legal claims; or |
| c) |
has the ability to effect the transfer of any property or to locate or determine the whereabouts of an individual. |
| a) |
invite another person to participate for a fee in assisting to effect a transfer of any property that the first person is not authorised to transfer; or |
| b) |
seek, demand or accept any consideration from another person in connection with any unlawful activity contemplated in this section. |
| 8) |
The Minister, by regulation made in accordance with section 120, may declare any arrangement, agreement, practice or scheme to be a scheme contemplated in subsection (2)(d), if it is similar in purpose or effect to a scheme contemplated in that subsection. |
Basic Conditions of Employment Act, 1997
