SOUTH AFRICA BACKGROUND CHECK

Sometimes companies are in hurry to hire proficient employees for specific tasks, but companies forget to monitor the reliability of credentials or certificates. Background verifications in South Africa becomes the need under such conditions to know the fact, since there are so many fraudulent cases of fake certificates shook the industry in South Africa. Our background checks in South Africa reveal the originality of certificate by giving the confirmation. Our Background screener in South Africa are putting the best effort to review the certificates at all the times as demanded by companies.

Our Background verification services in South Africa effective in revealing the character as well as the personality of the employees as directed by the employers.. We provide verification services in South Africa including the capital Cape Town and some of the main cities like Alberton, Benoni, Carltonville, Durban, East London, Johannesburg, Kimberley, Klerksdorp, Krugersdorp, Mhluzi, Midrand, Msunduzi, Newcastle, Paarl, Port Elizabeth, Pretoria, Soweto etc. For any kind of verification in South Africa, please connect with us on info@backcheckgroup.com

GENERAL INFORMATION

GDP USD349.8bn (World ranking 33, World Bank 2014)
Population 54 million (World ranking 24, World Bank 2014)
Form of state Republic
Head of government Jacob ZUMA
Next elections 2019, presidential and legislative

 

CURRENT LOCAL TIME

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PRODUCTS IN SOUTH AFRICA

Data Protection

Contribution Details

Cliffe Dekker Hofmeyr Inc.

DLA Piper Group Member

Preeta Bhagattjee

Head of Data Protection and Privacy Group

Law

Although there is currently no data protection legislation in force:

  • the Constitution of the Republic of South Africa guarantees the right to privacy;
  • certain provisions within the Electronic Communications and Transactions Act regulate the electronic collection of personal information, although compliance with these provisions is voluntary; and
  • the Protection of Personal Information Bill (“PPI Bill”), when passed as law will safeguard personal information by imposing stringent obligations on persons holding and processing personal information. The PPI Bill has been submitted for parliamentary approval. It has been approved by the National Assembly and is currently before the National Council of Provinces for deliberation. It is not currently clear when such deliberations will commence.

Definition of PersonaL Data

“Personal Information” is defined broadly in the PPI Bill to include information relating to both an identifiable, living, natural person, and where applicable, an identifiable juristic person/legal entity and includes:

  • information about a person’s race, gender, sex, pregnancy, marital status, national, ethnic or social origin, colour, sexual orientation, age, physical or mental health, well being, disability, religion, conscience, belief, culture, language and birth;
  • information relating to the education, medical, financial, criminal or employment history of the person;
  • any identifying number, symbol, email address, physical address, telephone number or other particular assignment to the person;
  • the blood type or any other biometric information of the person;
  • the personal opinions, views or preferences of the person;
  • correspondence sent by the person that is implicitly or explicitly of a private or confidential nature or further correspondence that would reveal the contents of the original correspondence;
  • the views or opinions of another individual about that person; and
  • the name of the person, if it appears with other personal information relating to the person or if the disclosure of the name itself would reveal information about the person.

Definition of Sensitive Personal Data

The Bill provides for a separate category of information called “Special Personal Information”

which includes all information relating to a child (who is subject to parental control in terms of the law), and a person’s religious or philosophical beliefs, race or ethnic origin, trade union membership, political opinions, health, sexual life or criminal behavior.

National Data Protection Authority

Currently there is no authority specifically established for the purpose of data protection. This will change once the PPI Bill is passed as law, as it provides for the establishment of an independent supervisory authority, namely the Information Protection Regulator (“Regulator”).

The Regulator is entrusted with extensive powers and duties, including the right to establish committees, promote understanding and acceptance of the information protection principles imposed by the PPI Bill, undertake educational programmer and research, examine proposed legislation, report to Parliament, conduct audits, act as mediator, receive and investigate complaints relating to alleged violations, issue codes of conduct, assist bodies in the development of codes of conduct and publish reports.

In the performance of its functions, the Regulator is obliged to have due regard to and take account of:

  • the information protection principles;
  • the protection of all human rights and social interests which compete with the right to privacy (including the desirability of the free flow of information);
  • international obligations accepted by South Africa; and
  • developing international guidelines relevant to the protection of individual privacy.

Registration

Currently there are no notification/registration requirements for the processing of data.

This position will change when the PPI Bill is enacted. The PPI Bill places an obligation on public or private bodies which alone, or in conjunction with others, determine the purpose of and means for the processing of Personal Information (“Responsible Parties”) to notify the regulator prior to the processing of personal information. The PPI Bill also prescribes the particulars which must be incorporated in any such notification, including the name and address of the responsible party, the purpose of the processing (including any trans border flows of the information), a description of the categories of data subjects, a description of the information or categories of information, and the recipients or categories of recipients to whom the personal information may be supplied. Failure to comply with the notification requirement amounts to an offence. The Regulator may exempt certain categories of information processing from the notification requirement.

The PPI Bill also provides that the Regulator is obliged to maintain a register of all information processing of which it has been notified. The register may, subject to certain exceptions, be consulted by any person free of charge.

Data Protection Officers

Although there is currently no requirement for public or private bodies to appoint data protection officers, this will be impacted by the PPI Bill once passed as law. The PPI Bill provides for the appointment of Information Protection Officers in respect of both public and private bodies. The Information Protection Officers will be responsible for encouraging compliance with the provisions of the PPI Bill, dealing with any requests made to that body, and cooperating with the Regulator in respect of any investigations by the Regulator in relation to that body.

An Information Protection Officer will be obliged to assume its duties once a responsible party has registered the public or private body with the Regulator.

Collection and Processing

Currently, there are no laws that regulate the collection and processing of data. The PPI Bill, once enacted as law, will significantly change this position.

The PPI Bill specifically imposes eight information protection principles or conditions, namely, accountability, processing limitation, purpose specification, further processing limitation, information quality, openness, security safeguards and data subject participation. These principles give effect to internationally accepted information protection principles and help ensure that the PPI Bill prescribes the minimum requirements for lawful processing of personal information. Responsible parties may process (which includes collecting) personal information where, inter alia:

  • the information protection principles are met;
  • the processing is performed in a reasonable manner that does not infringe the data subject’s privacy and is for a specific, explicitly defined and lawful purpose related to a function or activity of the responsible party;
  • the data subject has been made aware of, inter alia, the nature of the information being collected, the identity of the responsible party and the purpose of the collection of the information;
  • in relation to processing, such processing is adequate, relevant and not excessive;
  • the data subject has consented thereto, or the processing is necessary for the conclusion of a contract, complies with an obligation imposed by law, protects a legitimate interest of the data subject, or is necessary for pursuing the legitimate interests of the responsible party or a third party to whom the information is supplied;
  • the personal information is collected directly from the data subject (unless the information has been made public by the data subject, the data subject has consented to collection from another source, the data subject’s interests would not be prejudiced by the collection, the collection is necessary per the grounds contemplated in the PPI Bill, the lawful purpose of the collection would be prejudiced or compliance is not reasonably practical);
  • the data subject will continue to have access to the personal information (subject to certain exemptions); and
  • the responsible party has taken appropriate technical and organisational measures to safeguard the security of the information.

The PPI Bill distinguishes between personal information and special personal information. The processing of special personal information by responsible parties is prohibited under the PPI Bill. The term “Special Personal Information” is discussed above. The prohibition is, however, subject to a number of exemptions.

Transfer

Although there is currently no regulation of the transfer of data, this will be altered by the PPI Bill once passed as law.

The PPI Bill provides that a responsible party may not transfer personal information about a data subject to a third party in a foreign jurisdiction unless:

  • the recipient is subject to a law or contract which:
  • upholds principles of reasonable processing of the information that are substantially similar to the principles contained in the PPI Bill; and
  • includes provisions that are substantially similar to those contained in the PPI Bill relating
  • to the further transfer of personal information from the recipient to third parties;
  • the data subject consents to the transfer;
  • the transfer is necessary for the performance of a contract between the data subject and responsible party, or for the implementation of pre-contractual measures taken in response to the data subject’s request;
  • the transfer is necessary for the conclusion or performance of a contract concluded in the interest of the data subject between the responsible party and a third party; or
  • the transfer is for the benefit of the data subject and:
  • it is not reasonably practicable to obtain the consent of the data subject to that transfer; and

Security

Currently, there is no law that regulates the security of processed data. The PPI Bill, once enacted as law, will significantly change this position.

Under the PPI Bill, a responsible party must secure the integrity of the personal information in its possession or under its control by taking appropriate, reasonable technical and organizational measures to prevent:

  • loss of, damage to, or unauthorized destruction of personal information; and
  • unlawful access to, or processing of, personal information.
  • To give effect to these measures, the responsible party must take reasonable steps to:
  • identify all reasonably foreseeable internal and external risks to personal information under its control;
  • establish and maintain appropriate safeguards against the risks identified;
  • regularly verify that the safeguards are effectively implemented; and
  • ensure that the safeguards are continually updated in response to new risks or deficiencies in previously implemented safeguards.

Breach Notification

As there is currently no effective data protection legislation in place, this does not apply. The PPI Bill, however, would require breach notification, so this position will change once the PPI Bill is passed as law.

Under the PPI Bill, where there are reasonable grounds to believe that a data subject’s personal information has been accessed or acquired by an unauthorized person, the responsible party, or any third party processing personal information under the authority of the responsible party, must notify the Regulator and the data subject, unless the identity of the data subject cannot be established.

Notification to the data subject must be:

  • made as soon as reasonably possible after the discovery of the breach;
  • sufficiently detailed; and
  • in writing and communicated to the data subject by mail (to the data subject’s last known physical or postal address), email to the data subject’s last known email address, placement in a prominent position on the website of the responsible party, publication in the news media, or as may be directed by the Regulator.

The notification must include such detail as to allow the data subject to take protective measures. A responsible party may be directed by the Regulator to publicist the breach where the Regulator has reasonable grounds to believe that such publicity would protect the data subject.

Enforcement

As there is currently no effective data protection legislation in place, this does not apply. The PPI Bill, however, would regulate the processing of personal information and accordingly provides for specific enforcement mechanisms which will change this position once passed as law.

The Regulator is responsible for the investigation and enforcement of the PPI Bill.

Any person may, either orally or in writing (although oral submissions are to be converted to writing as soon as reasonably practicable), submit a complaint to the Regulator in the event of alleged interference.

The PPI Bill provides that, after receipt of a complaint, the Regulator is obliged to investigate the complaint, act as a conciliator where appropriate and take further action as contemplated by the PPI Bill.

In exercising its investigative powers, the Regulator may inter alia administer the oath, summon and enforce the appearance of persons, compel the provision of written or oral evidence under oath, receive evidence irrespective of whether such evidence is admissible in a court of law, and enter and search any premises occupied by a responsible party. Where necessary, the Regulator may apply to a judge of the High Court or a magistrate to issue a warrant to enable the Regulator to enter and search premises.

Any person who obstr ucts the Regulator, breaches the confidentiality provisions contained in section 47, intentionally obstructs or unreasonably fails to assist in the execution of a warrant, or fails to comply with an information or enforcement notice is guilty of an offence and liable on conviction to a fine or imprisonment (or both) for a period of no longer than ten years in respect of the obstruction of the Regulator, or 12 months in respect of the other offences created by the PPI Bill.

Data controllers have a right of appeal against a decision of the Regulator and a data subject has the right to institute a civil action for damages in a court against a data controller for breach of any provision of the PPI Bill.

Electronic Marketing

Currently, the Consumer Protection Act (“CPA”) deals with the consumer’s right to restrict unwanted direct marketing while the Electronic Communication and Transactions Act (“ECTA”) regulates unsolicited electronic communications.

Under the CPA, consumers have the right to pre-emptively block any direct marketing. Any consumer who has been sent any marketing communication may demand the persons responsible for initiating the communication desist from sending any further communication to them. The ECTA has similar provisions and specifically requires that each electronic message be accompanied by an option to cancel (i.e. opt-out) a subscription to a mailing list and also requires the sender of the message to provide specific identifying information, including name and contact information.

There is currently no regulation of electronic marketing from a data privacy perspective with regard to personal information, but this position will be altered by the PPI Bill once it comes into force.

Under the PPI Bill, data subjects have certain rights with respect to unsolicited electronic communications (i.e. direct marketing by means of automatic calling machines, facsimile machines, SMSs or emails). The processing of the data subject’s personal information for the purposes of direct marketing is prohibited unless the data subject has given its consent or the email recipient is a customer of the responsible party. When sending emails to a data subject who is a customer, the responsible party must have obtained the details of the data subject through a sale of a product or service, the marketing should relate to its own similar products or services and the data subject must have been given a reasonable opportunity to object to the use of its personal information for marketing when such information was collected.

The PPI Bill also prohibits automated processing of personal information where the data subject will be subjected to a decision which has legal consequences for the data subject or which affects the data subject to a substantial degree. There are certain exceptions to this prohibition.

Online Privacy (Including Cookies And Location Data)

The PPI Bill as of the time of writing does not contain provisions regulating the use of cookies or location data.

Prevention of Organized Crime Act 121 of 1998

Preamble

Whereas the Bill of Rights in the Constitution of the Republic of South Africa, 1996 ( Act 108 of 1996 ), enshrines the rights of all people in the Republic and affirms the democratic values of human dignity, equality and freedom;

And whereas the Constitution places a duty on the State to respect, protect, promote and fulfil the rights in the Bill of Rights;

And whereas there is a rapid growth of organised crime, money laundering and criminal gang activities nationally and internationally and since organised crime has internationally been identified as an international security threat;

And whereas organised crime, money laundering and criminal gang activities infringe on the rights of the people as enshrined in the Bill of Rights;

And whereas it is the right of every person to be protected from fear, intimidation and physical harm caused by the criminal activities of violent gangs and individuals;

And whereas organised crime, money laundering and criminal gang activities, both individually and collectively, present a danger to public order and safety and economic stability, and have the potential to inflict social damage;

And whereas the South African common law and statutory law fail to deal effectively with organised crime, money laundering and criminal gang activities, and also fail to keep pace with international measures aimed at dealing effectively with organised crime, money laundering and criminal gang activities;

And bearing in mind that it is usually very difficult to prove the direct involvement of organised crime leaders in particular cases, because they do not perform the actual criminal activities themselves, it is necessary to criminalise the management of, and related conduct in connection with enterprises which are involved in a pattern of racketeering activity;

And whereas no person convicted of an offence should benefit from the fruits of that or any related offence, whether such offence took place before or after the commencement of this Act, legislation is necessary to provide for a civil remedy for the restraint and seizure, and confiscation of property which forms the benefits derived from such offence;

And whereas no person should benefit from the fruits of unlawful activities, nor is any person entitled to use property for the commission of an offence, whether such activities or offence took place before or after the commencement of this Act, legislation is necessary to provide for a civil remedy for the preservation and seizure, and forfeiture of property which is derived from unlawful activities or is concerned in the commission or suspected commission of an offence;

And whereas effective legislative measures are necessary to prevent and combat the financing of terrorist and related activities and to effect the preservation, seizure and forfeiture of property owned or controlled by, or on behalf of, an entity involved in terrorist and related activities;

And whereas there is a need to devote such forfeited assets and proceeds to the combating of organised crime, money laundering and the financing of terrorist and related activities;

And whereas the pervasive presence of criminal gangs in many communities is harmful to the well being of those communities, it is necessary to criminalise participation in or promotion of criminal gang activities;

Be it therefore enacted by the Parliament of the Republic of South Africa, as follows:-

CHAPTER 1 Definitions And Interpretation (S 1)

1.Definitions and interpretation of Act

(1) In this Act, unless the context otherwise indicates-

Account’ means the Criminal Assets Recovery Account established under section 63;

authorised police official’ means any official of the South African Police Service who is authorised by the National Director or the National Commissioner of Police to act under this Act;

Committee’ means the Criminal Assets Recovery Committee established in terms of section 65;

criminal gang’ includes any formal or informal ongoing organisation, association, or group of three or more persons, which has as one of its activities the commission of one or more criminal offences, which has an identifiable name or identifying sign or symbol, and whose members individually or collectively engage in or have engaged in a pattern of criminal gang

Activity enterprise’ includes any individual, partnership, corporation, association, or other juristic person or legal entity, and any union or group of individuals associated in fact, although not a juristic person or legal entity;

entity’ has a corresponding meaning with the expression in section 1 of the Protection of Constitutional Democracy against Terrorist and Related Activities Act, 2004;

High Court’ , includes for the purposes of Chapters 2, sections 25 to 29 of Chapter 5 and Chapter 6 any judge thereof;

instrumentality of an offence’ means any property which is concerned in the commission or suspected commission of an offence at any time before or after the commencement of this Act, whether committed within the Republic or elsewhere; interest’ includes any right;

Minister’ means the Minister of Justice;

National Director’ means-

(a) for the purposes of section 65 (2) (d) , the National Director of Public Prosecutions appointed in terms of section 179 (1) (a) of the Constitution;

(b) for the purposes of sections 2 (4), 71 or 72 the National Director of Public Prosecutions appointed as contemplated in paragraph (a) and includes a Director of Public Prosecutions, an Investigating Director of Public Prosecutions and a Special Director of Public Prosecutions referred to in section 1 of the National Prosecution Authority Act, 1998 ( Act 32 of 1998 ), who is authorised thereto in writing by the National Director in a specific case or in general;

(c) for the purposes of all other relevant provisions of this Act, the National Director of Public Prosecutions appointed as contemplated in paragraph (a) and includes any functionary referred to in section 1 of the National Prosecuting Authority Act, 1998, which is under the control of the National Director and authorised thereto by the National Director in a specific case or in general;

pattern of criminal gang activity’ includes the commission of two or more criminal offences referred to in Schedule 1: Provided that at least one of those offences occurred after the date of commencement of Chapter 4 and the last of those offences occurred within three years after a prior offence and the offences were committed-

(a) on separate occasions;

(b) on the same occasion, by two or more persons who are members of, or belong to, the same criminal gang;

pattern of racketeering activity’ means the planned, ongoing, continuous or repeated participation or involvement in any offence referred to in Schedule 1 and includes at least two offences referred to in Schedule 1, of which one of the offences occurred after the commencement of this Act and the last offence occurred within 10 years (excluding any period of imprisonment) after the commission of such prior offence referred to in Schedule 1;

prescribed’ means prescribed by regulation under section 77;

preservation of property order’ means an order referred to in section 38;

proceeds of unlawful activities’ means any property or any service advantage, benefit or reward which was derived, received or retained, directly or indirectly, in the Republic or elsewhere, at any time before or after the commencement of this Act, in connection with or as a result of any unlawful activity carried on by any person, and includes any property representing property so derived;

property’ means money or any other movable, immovable, corporeal or incorporeal thing and includes any rights, privileges, claims and securities and any interest therein and all proceeds thereof;

‘property associated with terrorist and related activities’ means property which-

(a) was acquired, collected, used, possessed, owned or provided for the benefit of, or on behalf of, or at the direction of, or under the control of an entity which commits or attempts to commit or facilitates the commission of a specified offence as defined in the Protection of Constitutional Democracy against Terrorist and Related Activities Act, 2004; or

(b) has provided financial or economic support to an entity in the commission or facilitation of an offence referred to in paragraph (a) ;

unlawful activity’ means conduct which constitutes a crime or which contravenes any law whether such conduct occurred before or after the commencement of this Act and whether such conduct occurred in the Republic or elsewhere.

(2) For purposes of this Act a person has knowledge of a fact if-

(a) the person has actual knowledge of that fact; or

(b) the court is satisfied that-

(i) the person believes that there is a reasonable possibility of the existence of that fact; and

(ii) he or she fails to obtain information to confirm the existence of that fact.

(3) For the purposes of this Act a person ought reasonably to have known or suspected a fact if the conclusions that he or she ought to have reached are those which would have been reached by a reasonably diligent and vigilant person having both-

(a) the general knowledge, skill, training and experience that may reasonably be expected of a person in his or her position; and

(b) the general knowledge, skill, training and experience that he or she in fact has.

[Sub-s. (3) amended by s. 3 (d) of Act 24 of 1999.]

(4) Nothing in Chapters 2, 3 and 4 shall be construed to limit prosecution under any other provision of the law.

(5) Nothing in this Act or in any other law, shall be construed so as to exclude the application of any provision of Chapter 5 or 6 on account of the fact that-

(a) any offence or unlawful activity concerned occurred; or

(b) any proceeds of unlawful activities were derived, received or retained,

before the commencement of this Act.

CHAPTER 2 Offences Relating To Racketeering Activities (ss 2-3)

2.Offences

(1) Any person who-

(a) (i) receives or retains any property derived, directly or indirectly, from a pattern of racketeering activity; and

(ii) knows or ought reasonably to have known that such property is so derived; and

(iii) uses or invests, directly or indirectly, any part of such property in acquisition of any interest in, or the establishment or operation or activities of, any enterprise;

(b) (i) receives or retains any property, directly or indirectly, on behalf of any enterprise; and

(ii) knows or ought reasonably to have known that such property derived or is derived from or through a pattern of racketeering activity;

(c) (i) uses or invests any property, directly or indirectly, on behalf of any enterprise or in acquisition of any interest in, or the establishment or operation or activities of any enterprise; and

(ii) knows or ought reasonably to have known that such property derived or is derived from or through a pattern of racketeering activity;

(d) acquires or maintains, directly or indirectly, any interest in or control of any enterprise through a pattern of racketeering activity;

(e) whilst managing or employed by or associated with any enterprise, conducts or participates in the conduct, directly or indirectly, of such enterprise’s affairs through a pattern of racketeering activity;

(f) manages the operation or activities of an enterprise and who knows or ought reasonably to have known that any person, whilst employed by or associated with that enterprise, conducts or participates in the conduct, directly or indirectly, of such enterprise’s affairs through a pattern of racketeering activity; or

(g) conspires or attempts to violate any of the provisions of paragraphs (a) , (b) , (c) , (d) , (e) or (f) ,

within the Republic or elsewhere, shall be guilty of an offence.

(2) The court may hear evidence, including evidence with regard to hearsay, similar facts or previous convictions, relating to offences contemplated in subsection (1), notwithstanding that such evidence might otherwise be inadmissible, provided that such evidence would not render a trial unfair.

(3) For purposes of proving a previous conviction during a trial in respect of an offence contemplated in subsection (1), it shall be sufficient to prove the original record of judicial proceedings if a copy of such record, certified or purporting to be certified by the registrar or clerk of the court or other official having the custody of the record of such judicial proceedings or by the deputy of such registrar, clerk or other official or, in the case where judicial proceedings are taken down in shorthand or by mechanical means, by the person who transcribed such proceedings, as a true copy of such record, is produced in evidence at such trial, and such copy shall be prima facie proof that any matter purporting to be recorded thereon was correctly recorded.

(4) A person shall only be charged with committing an offence contemplated in subsection (1) if a prosecution is authorised in writing by the National Director.

3.Penalties

(1) Any person convicted of an offence referred to in section 2 (1) shall be liable to a fine not exceeding R1 000 million, or to imprisonment for a period up to imprisonment for life.

(2) Notwithstanding any other law dealing with the penal jurisdiction of the regional court, if a regional court, after it has convicted an accused of an offence referred to in section 2 (1) following on-

(a) a plea of guilty; or

(b) a plea of not guilty,

but before sentence, is of the opinion that the offence in respect of which the accused has been convicted merits punishment-

(i) in excess of the penal jurisdiction of the regional court but not exceeding a fine of R1 00 million or a period of 30 years imprisonment, the regional court shall have jurisdiction to impose such penalty even though that penalty exceeds the penal jurisdiction of that court; or

(ii) exceeding a fine of R1 00 million or a period of 30 years imprisonment or merits imprisonment for life, the regional court shall stop the proceedings and commit the accused for sentence by a High Court having jurisdiction.

(3) If a regional court has committed an accused for sentence by a High Court in terms of subsection (2) the provisions of section 52 of the Criminal Law Amendment Act, 1997 ( Act 105 of 1997 ), notwithstanding the provisions of section 53, shall apply with the necessary changes regarding the referral by the regional court to the High Court.

CHAPTER 3 Offences Relating To Proceeds Of Unlawful Activities (Ss 4-8)

4.Money laundering

Any person who knows or ought reasonably to have known that property is or forms part of the proceeds of unlawful activities and-

(a) enters into any agreement or engages in any arrangement or transaction with anyone in connection with that property, whether such agreement, arrangement or transaction is legally enforceable or not; or

(b) performs any other act in connection with such property, whether it is performed independently or in concert with any other person,

which has or is likely to have the effect-

(i) of concealing or disguising the nature, source, location, disposition or movement of the said property or the ownership thereof or any interest which anyone may have in respect thereof; or

(ii) of enabling or assisting any person who has committed or commits an offence, whether in the Republic or elsewhere-

(aa)to avoid prosecution; or

(bb)to remove or diminish any property acquired directly, or indirectly, as a result of the commission of an offence, shall be guilty of an offence.

5. Assisting another to benefit from proceeds of unlawful activities

Any person who knows or ought reasonably to have known that another person has obtained the proceeds of unlawful activities, and who enters into any agreement with anyone or engages in any arrangement or transaction whereby-

(a) the retention or the control by or on behalf of the said other person of the proceeds of unlawful activities is facilitated; or

(b) the said proceeds of unlawful activities are used to make funds available to the said other person or to acquire property on his or her behalf or to benefit him or her in any other way,

shall be guilty of an offence.

6. Acquisition, possession or use of proceeds of unlawful activities

Any person who-

(a) acquires;

(b) uses; or

(c) has possession of,

property and who knows or ought reasonably to have known that it is or forms part of the proceeds of unlawful activities of another person, shall be guilty of an offence.

7A Defence

(1) If a person is charged with committing an offence under section 2 (1) (a) or (b) , 4, 5 or 6, that person may raise as a defence the fact that he or she had reported a knowledge or suspicion in terms of section 29 of the Financial Intelligence Centre Act, 2001.

(2) If a person who is an employee of an accountable institution as defined in the Financial Intelligence Centre Act, 2001, is charged with committing an offence under section 2 (1) (a) or (b) , 4, 5 or 6, that person may also raise as a defence that fact that he or she had-

(a) complied with the applicable obligations in terms of the internal rules relating to the reporting of information of the accountable institution; or

(b) reported the matter to the person charged with the responsibility of ensuring compliance by the accountable institution with its duties under that Act; or

(c) reported a suspicion to his or her superior, if any, if-

(i) the accountable institution had not appointed such a person or established such rules;

(ii) the accountable institution had not complied with its obligations in section 42 (3) of that Act in respect of that person; or

(iii) those rules were not applicable to that person.

8 Penalties

(1) Any person convicted of an offence contemplated in section 4, 5 or 6 shall be liable to a fine not exceeding R100 million, or to imprisonment for a period not exceeding 30 years.

(2) ……

CHAPTER 4 Offences Relating To Criminal Gang Activities (ss 9-11)

9 Gang related offences

(1) Any person who actively participates in or is a member of a criminal gang and who-

(a) wilfully aids and abets any criminal activity committed for the benefit of, at the direction of, or in association with any criminal gang;

(b) threatens to commit, bring about or perform any act of violence or any criminal activity by a criminal gang or with the assistance of a criminal gang; or

(c) threatens any specific person or persons in general, with retaliation in any manner or by any means whatsoever, in response to any act or alleged act of violence, shall be guilty of an offence.

(2) Any person who-

(a) performs any act which is aimed at causing, bringing about, promoting or contributing towards a pattern of criminal gang activity;

(b) incites, instigates, commands, aids, advises, encourages or procures any other person to commit, bring about, perform or participate in a pattern of criminal gang activity; or

(c) intentionally causes, encourages, recruits, incites, instigates, commands, aids or advises another person to join a criminal gang,shall be guilty of an offence.

10 Penalties

(1) Any person convicted of an offence contemplated in-

(a) section 9 (1) or (2) (a) shall be liable to a fine, or to imprisonment for a period not exceeding six years;

(b) section 9 (2) (b) or (c) , shall be liable to a fine, or to imprisonment for a period not exceeding three years;

(c) section 9 (1) or (2) (a) and if the offence was committed under circumstances referred to in subsection (2) shall be liable to a fine, or to imprisonment for a period not exceeding eight years;

(d) section 9 (2) (b) or (c) , and if the offence was committed under circumstances referred to in subsection (2) shall be liable to a fine or to imprisonment for a period not exceeding five years.

(2) If the offence contemplated in section 9 is committed on the premises or grounds of, or within 500 metres of a public or private school, or any other educational institution, during hours in which the facility is open for classes or school related programmes or when minors are using the facility, such fact shall be regarded as an aggravating circumstance.

[Sub-s. (2) substituted by s. 12 of Act 24 of 1999.]

(3) If a court, after having convicted an accused of any offence, other than an offence contemplated in this Chapter, finds that the accused was a member of a criminal gang at the time of the commission of the offence, such finding shall be regarded as an aggravating circumstance for sentencing purposes.

11 Interpretation of member of criminal gang

In considering whether a person is a member of a criminal gang for purposes of this Chapter the court may, have regard to the following factors, namely that such person-

(a) admits to criminal gang membership;

(b) is identified as a member of a criminal gang by a parent or guardian;

(c) resides in or frequents a particular criminal gang’s area and adopts their style of dress, their use of hand signs, language or their tattoos, and associates with known members of a criminal gang;

(d) has been arrested more than once in the company of identified members of a criminal gang for offences which are consistent with usual criminal gang activities;

[Para. (d) amended by s. 13 (b) of Act 24 of 1999.]

(e) is identified as a member of a criminal gang by physical evidence such as photographs or other documentation.

CHAPTER 5 Proceeds Of Unlawful Activities (Ss 12-36)

Part 1 Application of Chapter (ss 12-17)

12 Definitions and interpretation of Chapter

(1) In this Chapter, unless the context indicates otherwise-

affected gift’ means any gift-

(a) made by the defendant concerned not more than seven years before the fixed date; or

(b) made by the defendant concerned at any time, if it was a gift-

(i) of property received by that defendant in connection with an offence committed by him or her or any other person; or

(ii) of property, or any part thereof, which directly or indirectly represented in that defendant’s hands property received by him or her in that connection,

whether any such gift was made before or after the commencement of this Act;

confiscation order’ means an order referred to in section 18 (1);

defendant’ means a person against whom a prosecution for an offence has been instituted, irrespective of whether he or she has been convicted or not, and includes a person referred to in section 25 (1) (b) ;

fixed date’, in relation to a defendant-

(a) if a prosecution for an offence has been instituted against the defendant, means the date on which such prosecution has been instituted; or

(b) if a restraint order has been made against the defendant, means the date of such restraint order,

whichever is the earlier date; realisable property’ means property referred to in section 14; restraint order’ means an order referred to in section 26 (1);

(2) In this Chapter, except where it is inconsistent with the context or clearly inappropriate, any reference-

(a) to a person who holds property shall be construed as a reference to a person who has any interest in the property, and-

(i) if the estate of such person has been sequestrated, also to the trustee of his or her insolvent estate; or

(ii) if such person is a company or other juristic person which is being wound up, also to the liquidator thereof;

(b) to a person who transfers property to any other person shall be construed as a reference to a person who transfers or grants to any other person any interest in the property;

(c) to anything received in connection with an offence shall be construed as a reference also to anything received both in that connection and in some other connection.

(3) For the purposes of this Chapter, a person has benefited from unlawful activities if he or she has at any time, whether before or after the commencement of this Act, received or retained any proceeds of unlawful activities.

13 Proceedings are civil, not criminal

(1) For the purposes of this Chapter proceedings on application for a confiscation order or a restraint order are civil proceedings, and are not criminal proceedings.

(2) The rules of evidence applicable in civil proceedings apply to proceedings on application for a confiscation order or a restraint order.

(3) No rule of evidence applicable only in criminal proceedings shall apply to proceedings on application for a confiscation order or restraint order.

(4) No rule of construction applicable only in criminal proceedings shall apply to proceedings on application for a confiscation order or restraint order.

(5) Any question of fact to be decided by a court in any proceedings in respect of an application contemplated in this Chapter shall be decided on a balance of probabilities.

14 Realisable property

(1) Subject to the provisions of subsection (2), the following property shall be realisable in terms of this Chapter, namely-

(a) any property held by the defendant concerned; and

(b) any property held by a person to whom that defendant has directly or indirectly made any affected gift.

(2) Property shall not be realisable property if a declaration of forfeiture is in force in respect thereof.

15 Value of property

(1) For the purposes of this Chapter, the value of property, other than money, in relation to any person holding the property, shall be-

(a) where any other person holds an interest in the property-

(i) the market value of the property; less

(ii) the amount required to discharge any encumbrance on the property; and

(b) where no other person holds an interest in the property, the market value of the property.

(2) Notwithstanding the provisions of subsection (1), any reference in this Chapter to the value at a particular time of a payment or reward, shall be construed as a reference to-

(a) the value of the payment or reward at the time when the recipient received it, as adjusted to take into account subsequent fluctuations in the value of money; or

(b) where subsection (3) applies, the value mentioned in that subsection, whichever is the greater value.

(3) If at the particular time referred to in subsection (2) the recipient holds-

(a) the property, other than cash, which he or she received, the value concerned shall be the value of the property at the particular time; or

(b) property which directly or indirectly represents in his or her hands the property which he or she received, the value concerned shall be the value of the property, in so far as it represents the property which he or she received, at the relevant time.

16 Gifts

(1) For the purposes of this Chapter, a defendant shall be deemed to have made a gift if he or she has transferred any property to any other person directly or indirectly for a consideration the value of which is significantly less than the value of the consideration supplied by the defendant.

(2) For the purposes of section 20 (2) the gift which a defendant is deemed to have made shall consist of that share in the property transferred by the defendant which is equal to the difference between the value of that property as a whole and the consideration received by the defendant in return.

17 Conclusion of proceedings against defendant

For the purposes of this Chapter, the proceedings contemplated in terms of this Chapter against a defendant shall be concluded when-

(a) the defendant is acquitted or found not guilty of an offence;

(b) subject to section 18 (2), the court convicting the defendant of an offence, sentences the defendant without making a confiscation order against him or her;

(c) the conviction in respect of an offence is set aside on review or appeal; or

(d) the defendant satisfies the confiscation order made against him or her.

18 Confiscation orders

(1) Whenever a defendant is convicted of an offence the court convicting the defendant may, on the application of the public prosecutor, enquire into any benefit which the defendant may have derived from-

(a) that offence;

(b) any other offence of which the defendant has been convicted at the same trial; and

(c) any criminal activity which the court finds to be sufficiently related to those offences,

and, if the court finds that the defendant has so benefited, the court may, in addition to any punishment which it may impose in respect of the offence, make an order against the defendant for the payment to the State of any amount it considers appropriate and the court may make any further orders as it may deem fit to ensure the effectiveness and fairness of that order.

(2) The amount which a court may order the defendant to pay to the State under subsection (1)-

(a) shall not exceed the value of the defendant’s proceeds of the offences or related criminal activities referred to in that subsection, as determined by the court in accordance with the provisions of this Chapter; or

(b) if the court is satisfied that the amount which might be realised as contemplated in section 20 (1) is less than the value referred to in paragraph (a) , shall, not exceed an amount which in the opinion of the court might be so realised.

(3) A court convicting a defendant may, when passing sentence, indicate that it will hold an enquiry contemplated in subsection (1) at a later stage if-

(a) it is satisfied that such enquiry will unreasonably delay the proceedings in sentencing the defendant; or

(b) the public prosecutor applies to the court to first sentence the defendant and the court is satisfied that it is reasonable and justifiable to do so in the circumstances.

(4) If the judicial officer who convicted the defendant is absent or for any other reason not available, any judicial officer of the same court may consider an application referred to in subsection (1) and hold an enquiry referred to in that subsection and he or she may in such proceedings take such steps as the judicial officer who is absent or not available could lawfully have taken.

(5) No application referred to in subsection (1) shall be made without the written authority of the National Director.

(6) A court before which proceedings under this section are pending, may-

(a) in considering an application under subsection (1)-

(i) refer to the evidence and proceedings at the trial;

(ii) hear such further oral evidence as the court may deem fit;

(iii) direct the public prosecutor to tender to the court a statement referred to in section 21 (1) (a) ; and

(iv) direct a defendant to tender to the court a statement referred to in subsection (3) (a) of that section;

(b) subject to subsection (1) (b) or (3) (b) of section 21, adjourn such proceedings to any day on such conditions not inconsistent with a provision of the Criminal Procedure Act, 1977 ( Act 51 of 1977 ), as the court may deem fit.

19 Value of proceeds of unlawful activities

(1) Subject to the provisions of subsection (2), the value of a defendant’s proceeds of unlawful activities shall be the sum of the values of the property, services, advantages, benefits or rewards received, retained or derived by him or her at any time, whether before or after the commencement of this Act, in connection with the unlawful activity carried on by him or her or any other person.

(2) In determining the value of a defendant’s proceeds of unlawful activities the court shall-

(a) where it has made a decl

To regulate matters incidental to the establishment by the Constitution of the Republic of South Africa, 1996, of a single national prosecuting authority; and to provide for matters connected therewith.

Preamble

Whereas section 179 of the Constitution of the Republic of South Africa, 1996 ( Act 108 of 1996 ), provides for the establishment of a single national prosecuting authority in the Republic structured in terms of an Act of Parliament; the appointment by the President of a National Director of Public Prosecutions as head of the national prosecuting authority; the appointment of Directors of Public Prosecutions and prosecutors as determined by an Act of Parliament;

And whereas the Constitution provides that the Cabinet member responsible for the administration of justice must exercise final responsibility over the prosecuting authority;

And whereas the Constitution provides that national legislation must ensure that the Directors of Public Prosecutions are appropriately qualified and are responsible for prosecutions in specific jurisdictions;

And whereas the Constitution provides that national legislation must ensure that the prosecuting authority exercises its functions without fear, favour or prejudice;

And whereas the Constitution provides that the National Director of Public Prosecutions must determine, with the concurrence of the Cabinet member responsible for the administration of justice, and after consulting the Directors of Public Prosecutions, prosecution policy which must be observed in the prosecution process;

And whereas the Constitution provides that the National Director of Public Prosecutions may intervene in the prosecution process when policy directives are not being complied with, and may review a decision to prosecute or not to prosecute;

And whereas the Constitution provides that the prosecuting authority has the power to institute criminal proceedings on behalf of the state, and to carry out any necessary functions incidental to instituting criminal proceedings;

And whereas the Constitution provides that all other matters concerning the prosecuting authority must be determined by national legislation;

And whereas the Constitution does not provide that the prevention, combating or investigation of crime is the exclusive function of any single institution;

And whereas the Constitution does not prohibit Parliament from amplifying the powers and functions of the prosecuting authority in national legislation;

And in order to ensure that the prosecuting authority fulfils its constitutional mandate to institute criminal proceedings on behalf of the state and to carry out the necessary functions incidental thereto, to make provision for-

* the establishment of an Investigating Directorate, with a limited investigative capacity, to prioritise and to investigate particularly serious criminal or unlawful conduct committed in an organised fashion, or certain offences or unlawful conduct, with the object of prosecuting such offences or unlawful conduct in the most efficient and effective manner; and

* the necessary infrastructure and resources to perform these functions,

(Preamble substituted by s. 1 of Act 61 of 2000.)

Be It Enacted by the Parliament of the Republic of South Africa, as follows:-

CHAPTER 1 Introductory Provisions (S 1)

1 Definitions

In this Act, unless the context otherwise indicates-

Constitution’ means the Constitution of the Republic of South Africa, 1996 ( Act 108 of 1996 );

‘Deputy Director’ means a Deputy Director of Public Prosecutions appointed under section 15 (1);

‘Deputy National Director’ means a Deputy National Director of Public Prosecutions appointed under section 11 (1);

‘Director’ means a Director of Public Prosecutions appointed under section 13 (1);

‘Directorate of Special Operations’ means the Directorate of Special Operations established by section 7 (1) (a) ;

head of an Investigating Directorate’ means the Deputy National Director referred to in section 7 (3) (a) , or an Investigating Director referred to in section 7 (3) (b) , as the case may be;

‘Investigating Director’ –

(a)means a Director of Public Prosecutions appointed under section 13 (1) (a A) or (b) –

(i)to the Directorate of Special Operations; or

(ii)as the head of an Investigating Directorate established in terms of section 7 (1A), as the case may be; and

(b) in Chapter 5, includes the head of the Directorate of Special Operations;

‘Investigating Directorate’ means an Investigating Directorate established by or in terms of section 7;

‘investigation’ in Chapter 5, means an investigation contemplated in section 28 (1);

‘Minister’ means the Cabinet member responsible for the administration of justice;

‘National Director’ means the National Director of Public Prosecutions appointed in terms of section 179 (1) (a) of the Constitution;

‘Office of the National Director’ means the Office of the National Director of Public Prosecutions established by section 5;

‘prescribed’ means prescribed by regulation made under section 40;

‘prosecuting authority’ means the single national prosecuting authority referred to in section 2;

‘prosecutor’ means a prosecutor referred to in section 16 (1);

Public Service Act’ means the Public Service Act, 1994 ( Proclamation 103 of 1994 );

Republic’ means the Republic of South Africa, referred to in section 1 of the Constitution ;

Special Director’ means a Director of Public Prosecutions appointed under section 13 (1) (c) ;

special investigator’ means a special investigator appointed under section 19A;

specified offence’ means any matter which in the opinion of the head of an Investigating Directorate falls within the range of matters as contemplated in section 7 (1) (a)(aa) or any proclamation issued in terms of section 7 (1) (a)(bb) or (1A), and any reference to the commission of a specified offence has a corresponding meaning;

this Act’ includes the regulations.

CHAPTER 2 Structure And Composition Of Single National Prosecuting Authority (Ss 2-7)

2 Single national prosecuting authority

There is a single national prosecuting authority established in terms of section 179 of the Constitution , as determined in this Act .

3 Structure of prosecuting authority

The structure of the single prosecuting authority consists of-

(a) the Office of the National Director ;

(b) the offices of the prosecuting authority at the High Courts, established by section 6 (1).

4 Composition of national prosecuting authority

The prosecuting authority comprises the-

(a) National Director ;

(b) Deputy National Directors ;

(c) Directors ;

(d) Deputy Directors ; and

(e) prosecutors .

5 Office of National Director of Public Prosecutions

(1) There is hereby established the National Office of the prosecuting authority , to be known as the Office of the National Director of Public Prosecutions.

(2) The Office of the National Director shall consist of the-

(a) National Director , who shall be the head of the Office and control the Office;

(b) Deputy National Directors ;

(c) Investigating Directors and Special Directors ;

(d) other members of the prosecuting authority appointed at or assigned to the Office; and

(d A) special investigators;

(e) members of the administrative staff of the Office.

(3) The seat of the Office of the National Director shall be determined by the President.

6 Offices of prosecuting authority at seats of High Courts

(1) There is hereby established an Office for the prosecuting authority at the seat of each High Court in the Republic .

(2) An Office established by this section shall consist of-

(a) the head of the Office, who shall be either a Director or a Deputy Director , and who shall control the Office;

(b) Deputy Directors ;

(c) prosecutors ;

(d) persons contemplated in section 38 (1); and

(e) the administrative staff of the Office.

(3) If a Deputy Director is appointed as the head of an Office established by subsection (1), he or she shall exercise his or her functions subject to the control and directions of a Director designated in writing by the National Director .

7 Investigating Directorates

(1) (a) There is hereby established in the Office of the National Director an Investigating Directorate, to be known as the Directorate of Special Operations, with the aim to-

(i) investigate, and to carry out any functions incidental to investigations;

(ii) gather, keep and analyse information; and

(iii) where appropriate, institute criminal proceedings and carry out any necessary functions incidental to instituting criminal proceedings, relating to-

(aa) offences or any criminal or unlawful activities committed in an organised fashion; or

(bb) such other offences or categories of offences as determined by the President by proclamation in the Gazette.

(b) For the purpose of subparagraph (aa) ,organised fashion’ includes the planned, ongoing, continuous or repeated participation, involvement or engagement in at least two incidents of criminal or unlawful conduct that has the same or similar intents, results, accomplices, victims or methods of commission, or otherwise are related by distinguishing characteristics.

(1A) The President may, by proclamation in the Gazette, establish not more than two additional Investigating Directorates in the Office of the National Director, in respect of matters not contemplated in subsection (1) (aa) or (bb) .

(2) Any proclamation issued in terms of this section-

(a) shall be issued on the recommendation of the Minister and the National Director;

(b) may at any time be amended or rescinded by the President on the recommendation of the Minister and the National Director; and

(c) must be submitted to Parliament before publication in the Gazette .

(3) The head of-

(a) the Directorate of Special Operations, shall be a Deputy National Director, assigned by the National Director; and

(b) any other Investigating Directorate, shall be an Investigating Director, and shall perform the powers, duties and functions of the Investigating Directorate concerned subject to the control and directions of the National Director.

(4) (a) The head of an Investigating Directorate shall be assisted in the exercise of his or her powers and the performance of his or her functions by-

(i) in the case of-

(aa) the Directorate of Special Operations, one or more Investigating Directors and one or more Deputy Directors; and

(bb) any other Investigating Directorate, one or more Deputy Directors;

(ii) prosecutors ;

(iiA) in the case of the Directorate of Special Operations, special investigators ; (iii) officers of any Department of State seconded to the service of the Investigating Directorate in terms of the laws governing the public service;

(iv) persons in the service of any public or other body who are by arrangement with the body concerned seconded to the service of the Investigating Directorate; and

(v) any other person whose services are obtained by the head of the Investigating Directorate ,

and the persons referred to in subparagraphs (i) to (v) shall perform their powers, duties and functions subject to the control and direction of the head of the Investigating Directorate concerned.

(b) For the purposes of subparagraphs (iv) and (v) of paragraph (a) –

(i) any person or body requested by the head of an Investigating Directorate in writing to do so, shall from time to time, after consultation with the head of an Investigating Directorate, furnish him or her with a list of the names of persons, in the employ or under the control of that person or body, who are fit and available to assist the head of that Investigating Directorate as contemplated in the said subparagraph (iv) or (v), as the case may be; and

(ii) such a person or body shall, at the request of , and after consultation with, the head of the Investigating Directorate concerned, designate a person or persons mentioned in the list concerned so to assist the head of the Investigating Directorate.

CHAPTER 3 Appointment, Remuneration And Conditions Of Service Of Members Of The Prosecuting Authority (Ss 8-19)

8 Prosecuting authority to be representative

The need for the prosecuting authority to reflect broadly the racial and gender composition of South Africa must be considered when members of the prosecuting authority are appointed.

9 Qualifications for appointment as National Director, Deputy National Director or Director

(1) Any person to be appointed as National Director, Deputy National Director or Director must-

(a) possess legal qualifications that would entitle him or her to practise in all courts in the Republic ; and

(b) be a fit and proper person, with due regard to his or her experience, conscientiousness and integrity, to be entrusted with the responsibilities of the office concerned.

(2) Any person to be appointed as the National Director must be a South African citizen.

10 Appointment of National Director

The President must, in accordance with section 179 of the Constitution , appoint the National Director.

11 Appointment of Deputy National Directors

(1) The President may, after consultation with the Minister and the National Director, appoint not more than four persons, as Deputy National Directors of Public Prosecutions.

(2) (a) Whenever the National Director is absent or unable to perform his or her functions, the National Director may appoint any Deputy National Director as acting National Director .

(b) Whenever the office of National Director is vacant, or the National Director is for any reason unable to make the appointment contemplated in paragraph (a) , the President may, after consultation with the Minister , appoint any Deputy National Director as acting National Director .

(3) Whenever a Deputy National Director is absent or unable to perform his or her functions, or an office of Deputy National Director is vacant, the National Director may, in consultation with the Minister, designate any other Deputy National Director or anyDirector to act as such Deputy National Director .

12 Term of office of National Director and Deputy National Directors

(1) The National Director shall hold office for a non-renewable term of 10 years, but must vacate his or her office on attaining the age of 65 years.

(2) A Deputy National Director shall vacate his or her office at the age of 65.

(3) If the National Director or a Deputy National Director attains the age of 65 years after the first day of any month, he or she shall be deemed to attain that age on the first day of the next succeeding month.

(4) If the President is of the opinion that it is in the public interest to retain a National Director or a Deputy National Director in his or her office beyond the age of 65 years, and-

(a) the National Director orDeputy National Director wishes to continue to serve in such office; and

(b) the mental and physical health of the person concerned enable him or her so to continue,

the President may from time to time direct that he or she be so retained, but not for a period which exceeds, or periods which in the aggregate exceed, two years: Provided that a National Director’ s term of office shall not exceed 10 years.

(5) The National Director or a Deputy National Director shall not be suspended or removed from office except in accordance with the provisions of subsections (6), (7) and (8).

(6) (a) The President may provisionally suspend the National Director or a Deputy National Director from his or her office, pending such enquiry into his or her fitness to hold such office as the President deems fit and, subject to the provisions of this subsection, may thereupon remove him or her from office-

(i) for misconduct;

(ii) on account of continued ill-health;

(iii) on account of incapacity to carry out his or her duties of office efficiently; or

(iv) on account thereof that he or she is no longer a fit and proper person to hold the office concerned.

(b) The removal of the National Director or a Deputy National Director , the reason therefor and the representations of the National Director or Deputy National Director (if any) shall be communicated by message to Parliament within 14 days after such removal if Parliament is then in session or, if Parliament is not then in session, within 14 days after the commencement of its next ensuing session.

(c) Parliament shall, within 30 days after the message referred to in paragraph (b) has been tabled in Parliament, or as soon thereafter as is reasonably possible, pass a resolution as to whether or not the restoration to his or her office of the NationalDirector or Deputy National Director so removed, is recommended.

(d) The President shall restore the National Director or Deputy National Director to his or her office if Parliament so resolves.

(e) The National Director or a Deputy National Director provisionally suspended from office shall receive, for the duration of such suspension, no salary or such salary as may be determined by the President.

(7) The President shall also remove the National Director or a Deputy National Director from office if an address from each of the respective Houses of Parliament in the same session praying for such removal on any of the grounds referred to in subsection (6) (a) , is presented to the President.

(8) (a) The President may allow the National Director or a Deputy National Director at his or her request, to vacate his or her office-

(i) on account of continued ill-health; or

(ii) for any other reason which the President deems sufficient.

(b) The request in terms of paragraph (a) (ii) shall be addressed to the President at least six calendar months prior to the date on which he or she wishes to vacate his or her office, unless the President grants a shorter period in a specific case.

(c) If the National Director or a Deputy National Director –

(i) vacates his or her office in terms of paragraph (a) (i), he or she shall be entitled to such pension as he or she would have been entitled to under the pension law applicable to him or her if his or her services had been terminated on the ground of continued ill-health occasioned without him or her being instrumental thereto; or

(ii) vacates his or her office in terms of paragraph (a) (ii), he or she shall be deemed to have been retired in terms of section 16 (4) of the Public Service Act , and he or she shall be entitled to such pension as he or she would have been entitled to under the pension law applicable to him or her if he or she had been so retired.

(9) If the National Director or a Deputy National Director , immediately prior to his or her appointment as such, was an officer or employee in the public service, and is appointed under an Act of Parliament with his or her consent to an office to which the provisions of this Act or the Public Service Act do not apply, he or she shall, as from the date on which he or she is so appointed, cease to be the National Director , or a Deputy National Director and if at that date he or she has not reached the age at which he or she would in terms of the Public Service Act have had the right to retire, he or she shall be deemed to have retired on that date and shall, subject to the said provisions, be entitled to such pension as he or she would have been entitled to under the pension law applicable to him or her had he or she been compelled to retire from the public service owing to the abolition of his or her post.

[Date of commencement of s. 12: 1 August 1998.]

13 Appointment of Directors and Acting Directors

(1) The President, after consultation with the Minister and the National Director

(a) may, subject to section 6 (2), appoint a Director of Public Prosecutions in respect of an Office of the prosecuting authority established by section 6 (1);

(a A) may appoint one or more Directors of Public Prosecutions to the Directorate of Special Operations;

(b) shall, in respect of any Investigating Directorate established in terms of section 7 (1A), appoint a Director of Public Prosecutions as the head of such an Investigating Directorate ; and

(c) may appoint one or more Directors of Public Prosecutions (hereinafter referred to as Special Directors) to exercise certain powers, carry out certain duties and perform certain functions conferred or imposed on or assigned to him or her by the President by proclamation in the Gazette .

(2) If a vacancy occurs in the office of a Director the President shall, subject to section 9, as soon as possible, appoint another person to that office.

(3) The Minister may from time to time, but subject to the laws governing the public service and after consultation with the National Director , from the ranks of the Deputy Directors or persons who qualify to be appointed as Deputy Director as contemplated in section 15 (2), appoint an acting Director to discharge the duties of a Director whenever the Director concerned is for any reason unable to perform the duties of his or her office, or while the appointment of a person to the office of Director is pending.

14 Term of office of Director

(1) Subject to subsection (2), a Director shall vacate his or her office on attaining the age of 65 years.

(2) A Special Director may be appointed for such fixed term as the President may determine at the time of such appointment, and the President may from time to time extend such term.

(3) The provisions of section 12 (3), (4), (6), (7), (8) and (9), in respect of the vacation of office and discharge of the National Director , shall apply, with the necessary changes, with regard to the vacation of office and discharge of a Director .

15 Appointment of Deputy Directors

(1) The Minister may, subject to the laws governing the public service and section 16 (4) and after consultation with the National Director-

(a) in respect of an Office referred to in section 6 (1), appoint a Deputy Director of Public Prosecutions as the head of such Office;

(b) in respect of each office for which a Director has been appointed, appoint Deputy Directors of Public Prosecutions; and

(c) in respect of the Office of the National Director appoint one or more Deputy Directors of Public Prosecutions to exercise certain powers, carry out certain duties and perform certain functions conferred or imposed on or assigned to him or her by the National Director.

(2) A person shall only be appointed as a Deputy Director if he or she-

(a) has the right to appear in a High Court as contemplated in sections 2 and 3 (4) of the Right of Appearance in Courts Act, 1995 ( Act 62 of 1995 ); and

(b) possesses such experience as, in the opinion of the Minister , renders him or her suitable for appointment as a Deputy Director .

(3) If a vacancy occurs in the office of a Deputy Director , the Minister shall, after consultation with the National Director , as soon as possible appoint another person to that office.

16 Appointment of prosecutors

(1) Prosecutors shall be appointed on the recommendation of the National Director or a member of the prosecuting authority designated for that purpose by the National Director , and subject to the laws governing the public service.

(2) Prosecutors may be appointed to-

(a) the Officeof theNational Director ;

(b) Offices established by section 6 (1);

(c) Investigating Directorates ; and

(d) lower courts in the Republic .

(3) The Minister may from time to time, in consultation with the National Director and after consultation with the Directors , prescribe the appropriate legal qualifications for the appointment of a person as prosecutor in a lower court.

(4) In so far as any law governing the public service pertaining to Deputy Directors and prosecutors may be inconsistent with this Act , the provisions of this Act shall apply.

17 Conditions of service of National Director, Deputy National Directors and Directors

(1) The remuneration, allowances and other terms and conditions of service and service benefits of the National Director , aDeputy National Director and a Director shall be determined by the President: Provided that-

(a) the salary of the National Director shall not be less than the salary of a judge of a High Court, as determined by the President under section 2 (1) of the Judges’ Remuneration and Conditions of Employment Act, 1989 (Act 88 of 1989);

(b) the salary of a Deputy National Director shall not be less than 85 per cent of the salary of the National Director ; and

(c) the salary of a Director shall not be less than 80 per cent of the salary of the National Director .

(2) If an officer or employee in the public service is appointed as the National Director , a Deputy National Director or a Director , the period of his or her service as National Director, Deputy National Director or Director shall be reckoned as part of and continuous with his or her employment in the public service, for purposes of leave, pension and any other conditions of service, and the provisions of any pension law applicable to him or her as such officer or employee, or in the event of his or her death, to his or her dependants and which are not inconsistent with this section, shall, with the necessary changes, continue so to apply.

(3) The National Director is entitled to pension provisioning and pension benefits determined and calculated under all circumstances, as if he or she is employed as a Director-General in the public service.

(4) The President may, whenever in his or her opinion it is necessary and after consultation with the Minister and the National Director , transfer and appoint any Director to any Office contemplated in section 6 (1) or Investigating Directorate , or as a Special Director .

18 Remuneration of Deputy Directors and prosecutors

(1) Subject to the provisions of this section, any Deputy Director or prosecutor shall be paid a salary in accordance with the scale determined from time to time for his or her rank and grade by the Minister after consultation with the National Director and the Minister for the Public Service and Administration, and with the concurrence of the Minister of Finance, by notice in the Gazette .

(2) Different categories of salaries and salary scales may be determined in respect of different categories of Deputy Directors and prosecutors .
(3) A notice in terms of subsection (1) or any provision thereof may commence with effect from a date which may not be more than one year before the date of publication thereof.

(4) The first notice in terms of subsection (1) shall be issued as soon as possible after the commencement of this Act , and thereafter such a notice shall be issued if circumstances, including any revision and adjustment of salaries and allowances of the National Director and magistrates since the latest revision and adjustment of salaries of Deputy Directors or prosecutors , so justify.

(5) (a) A notice issued in terms of subsection (1) shall be tabled in Parliament within 14 days after publication thereof, if Parliament is then in session or, if Parliament is not then in session, within 14 days after the commencement of its next ensuing session.

(b) If Parliament by resolution disapproves such a notice or any provision thereof, that notice or that provision, as the case may be, shall lapse to the extent to which it is so disapproved with effect from the date on which it is so disapproved.

(c) The lapsing of such a notice or provision shall not affect-

(i) the validity of anything done under the notice or provision up to the date on which it so lapsed; or

(ii) any right, privilege, obligation or liability acquired, accrued or incurred as at that date under or by virtue of the notice or provision.

(6) The salary payable to a Deputy Director or a prosecutor shall not be reduced except by an Act of Parliament: Provided that a disapproval contemplated in subsection (5) (b) shall, for the purposes of this subsection, not be deemed to result in a reduction of such salary.

19 Conditions of service of Deputy Directors and prosecutors, except remuneration

Subject to the provisions of this Act , the other conditions of service of a Deputy Director or a prosecutor shall be determined in terms of the provisions of the Public Service Act .

CHAPTER 3A Appointment, Remuneration And Conditions Of Service Of Special Investigators

19A Appointment of special investigators

(1) The National Director may, on the recommendation of the head of the Directorate of Special Operations, appoint any fit and proper person as a special investigator of that Directorate.

(2) The National Director must, in the prescribed form, issue an identity document under his or her signature to each person so appointed, which shall serve as proof that such person is a special investigator.

19B Security screening of special investigators

(1) Subject to subsection (2), no person may be appointed as a special investigator unless-

(a) information with respect to that person has been gathered in a security screening investigation by the National Intelligence Agency established by section 3 of the Intelligence Services Act, 1994 (Act 38 of 1994); and

(b) the National Director , after evaluating the gathered information, is satisfied that such person may be appointed as a special investigator without the possibility that such person might be a security risk or that he or she might act in any way prejudicial to the objectives of the Directorate of Special Operations .

(2) If the National Director is so satisfied, he or she shall issue a certificate with respect to such person in which it is certified that such person has successfully undergone a security clearance.

(3) Any special investigator may from time to time, or at such regular intervals as the National Director may determine, be subjected to a further security screening as contemplated in subsection (1) (a) .

(4) The National Director may withdraw a certificate referred to in subsection (2) if he or she obtains information which, after evaluation by him or her, causes him or her to believe that the person in question could be a security risk or could possibly act in any manner prejudicial to the objectives of the Directorate of Special Operations .

(5) If the certificate referred to in subsection (2) is withdrawn, the special investigator concerned shall be unfit to continue to hold such office and the National Director must discharge him or her from the Directorate of Special Operations .

19C Remuneration and conditions of service of special investigators

(1) The remuneration, allowances and other service benefits of special investigators are determined by the Minister, in consultation with the National Director and with the concurrence of the Minister of Finance.

(2) If an officer or employee in the public service is appointed as a special investigator , the period of his or her service as a special investigator shall be calculated as part of and continuous with his or her employment in the public service, for purposes of leave, pension and any other condition of service. The provisions of any pension law applicable to him or her or, in the event of his or her death, to his or her dependants which are not inconsistent with this section, shall, with the necessary changes, continue so to apply.

(3) No special investigator may strike or induce or conspire with any other member of the Directorate of Special Operations to strike.

(4) The services of the D

(Enacted in: May 2003)

To provide anew for the prevention of corrupt activities and for matters connected therewith.

Preamble

Whereas the Constitution enshrines the rights of all people in the Republic and affirms the democratic values of human dignity, equality and freedom;

And Whereas the Constitution places a duty on the State to respect, protect, promote and fulfil all the rights as enshrined in the Bill of Rights;

And Whereas corruption, bribery and related corrupt activities endanger the stability and security of societies, undermine the values of democracy and morality, jeopardise social, economic and political development, free trade and the credibility of governments and provide a breeding ground for organised crime;

And Whereas there are links between corrupt activities and other forms of crime, in particular organised crime and economic crime;

And Whereas corruption is a phenomenon that crosses national borders and affects all societies and economies, so that regional and international cooperation is essential to prevent and control corruption and related corrupt activities;

And Whereas the United Nations has adopted various resolutions condemning all corrupt practices, including bribery, and urged member states to take effective and concrete action to combat all forms of corruption, bribery and related corrupt practices;

And Whereas the Southern African Development Community Protocol Against Corruption has reaffirmed the need to eliminate scourges of corruption through the adoption by member states of effective preventive and deterrent measures by strictly enforcing legislation against all types of corruption;

And Whereas it is desirable to unbundle the crime of corruption in terms of which various specific corrupt activities are defined and prohibited,

Be It Therefore Enacted by the Parliament of the Republic of South Africa, as follows:-

CHAPTER 1 Definitions And Interpretation

Definitions

1. In this Act, unless the context indicates otherwise-

(i) “agent” means any authorised representative and includes a director, officer, employee or other person authorised to act on behalf of his or her principal;

(ii) “animal”means any mammal, bird, fish, reptile or amphibian which is a member of the phylum vertebrates;

(iii) “associate”, in relation to a natural person, includes-

(a) any person who is an employee, agent, nominee or representative of such person;

(b) any person who manages the affairs of such person;

(c) any firm of which such person is a business partner or any person who is in charge or in control of the business or affairs of such firm;

(d) any juristic person whose board of directors acts in accordance with such person’s directions, instructions or influence; or

(e) a trust controlled and administered by such person;

(iv) “business” means any business, trade, profession, calling, industry or undertaking of kind, or any other activity carried on for gain or profit by any person within the Republic or elsewhere, and includes all property derived from or used in or for the purpose of carrying on such activity, and all the rights and liabilities arising from such activity;

(v) “dealing” includes-

(a) any promise, purchase, sale, barter, loan, charge, mortgage, lien, pledge, caveat, transfer, delivery, assignment, subrogation, transmission, gift, donation, trust, settlement, deposit, withdrawal, transfer between accounts or extension of credit;

(b) any agency or grant of power of attorney; or

(c) any act which results in any right, interest, title or privilege, whether present or future or whether vested or contingent, in the whole or in part of any property being conferred on any person;

(vi) “foreign public official” means-

(a) any person holding a legislative, administrative or judicial office of a foreign state;

(b) any person performing public functions for a foreign state, including any person employed by a board, commission, corporation or other body or authority that performs a function on behalf of the foreign state; or

(c) an official or agent of a public international organisation;

(vii) “foreign state” means any country other than South Africa, and includes-

(a) any foreign territory;

(b) all levels and subdivisions of government of any such country or territory; or

(c) any agency of any such country or territory or of a political subdivision of any such country or territory;

(viii) “gambling game” means any gambling game as defined in section 1 of the National Gambling Act, 1996 (Act No. 33 of 1996);

(ix) “game of chance” includes a lottery, lotto, numbers game, scratch game, sweepstake, or sports pool;

(x) “gratification” includes-

(a) money, whether in cash or otherwise;

(b) any donation, gift, loan, fee, reward, valuable security, property or interest in property of any description, whether movable or immovable, or any other similar advantage;

(c) the avoidance of a loss, liability, penalty, forfeiture, punishment or other disadvantage;

(d) any office, status, honour, employment, contract of employment or services, any agreement to give employment or render services in any capacity and residential or holiday accommodation;

(e) any payment, release, discharge or liquidation of any loan, obligation or other liability, whether in whole or in part;

(f) any forbearance to demand any money or money’s worth or valuable thing;

(g) any other service or favour or advantage of any description, including protection from any penalty or disability incurred or apprehended or from any action or proceedings of a disciplinary, civil or criminal nature, whether or not already instituted, and includes the exercise or the forbearance from the exercise of any right or any official power or duty;

(h) any right or privilege; or

(i) any real or pretended aid, vote, consent, influence or abstention from voting;

(j) any valuable consideration or benefit of any kind, including any discount, commission, rebate, bonus, deduction or percentage;

(xi) “inducement” means the giving or offering of any gratification to a person or the acceptance or offering to accept any gratification by a person, which is intended to assist, persuade, encourage, coerce or cause that person to do or not to do anything, and “induce” has a corresponding meaning;

(xii) “legislative authority”, means the legislative authority referred to in section 43 of the Constitution;

(xiii) “listed company” means a company the equity share capital of which is listed on a stock exchange as defined in section 1 of the Stock Exchanges Control Act, 1985 (Act No. 1 of 1985);

(xiv) “official” means any director, functionary, officer or agent serving in any capacity whatsoever in a public body, private organisation, corporate body, political party, institution or other employment, whether under a contract of service or otherwise, and whether in an executive capacity or not;

(xv) “political office bearer” means a member of Parliament, a member of a provincial legislature and a member of a Municipal Council;

(xvi) “principal” includes-

(a) any employer;

(b) any beneficiary under a trust and any trust estate;

(c) the estate of a deceased person and any person with a beneficial interest in the estate of a deceased person;

(d) in the case of any person serving in or under a public body, the public body; or

(e) in the case of a legal representative referred to in the definition of “agent”, the person represented by such legal representative;

(xvii) “property” means money or any other movable, immovable, corporeal or incorporeal thing, whether situated in the Republic or elsewhere and includes any rights, privileges, claims, securities and any interest therein and all proceeds thereof;

(xvii) “public body” means-

(a) any department of state or administration in the national or provincial sphere of government or any municipality in the local sphere of government; or

(b) any other functionary or institution when-

(i) exercising a power or performing a duty in terms of the Constitution or a provincial constitution; or

(ii) exercising a public power or performing a public function in terms of any legislation;

(xix) “public international organisation” means-

(a) an organisation-

(i) of which two or more countries are members; or

(ii) that is constituted by persons representing two or more countries;

(b) an organisation established by, or a group of organisations constituted by-

(i) organisations of which two or more countries are members; or

(ii) organisations that are constituted by the representatives of two or more countries; or

(c) an organisation that is-

(i) an organ of, or office within, an organisation described in paragraph (a) or (b);

(ii) a commission, council or other body established by an organisation or organ referred to in subparagraph (i); or

(iii) a committee or a subcommittee of a committee of an organisation referred to in paragraph (a) or (b) or of an organ, council or body referred to in subparagraph (i) or (ii);

(xx) “public officer” means any person who is a member, an officer, an employee or a servant of a public body, and includes-

(a) a public servant;

(b) any person receiving any remuneration from public funds;

(c) where the public body is a corporation, the person who is incorporated as such, but does not include any member of the-

(a) legislative authority;

(b) judicial authority; or

(c) prosecuting authority:

(xxi) “relative”, in relation to a person, means-

(a) his or her spouse or fiancé;

(b) his or her child, stepchild, parent or stepparent;

(c) his or her brother or sister or stepbrother or stepsister;

(d) a brother or sister of his or her spouse;

(e) the spouse of any of the persons mentioned in paragraphs (b) to (d); or

(f) his or her foster parents and foster children;

(xxii) “reward” means any reward whether monetary or otherwise;

(xxiii) “scheme in commerce” means any scheme carried out in whole or in part through the use in national or foreign commerce of any facility for transportation or communication;

(xxiv) “sporting event” means any event or contest in any sport, between individuals or teams, or in which an animal competes, and which is usually attended by the public and is governed by rules which include the constitution, rules or code of conduct of any sporting body which stages any sporting event or of any regulatory body under whose constitution, rules or code of conduct the sporting event is conducted;

(xxv) “spouse” means the partner of a person in-

(a) a marriage or customary union recognised in terms of the laws of the Republic;

(b) a union recognised as a marriage in accordance with the tenets of any religion; or

(c) a permanent same-sex or heterosexual life partnership;

(xxvi) “undue gratification” means any gratification which is obtained in an improper manner and to which the person who has obtained the gratification is, in terms of his or her employment relationship, not entitled to.

Interpretation

2. (1) For purposes of this Act a person is regarded as having knowledge of a fact if-

(a) that person has actual knowledge of the fact; or

(b) the court is satisfied that-

(i) the person believes that there is a reasonable possibility of the existence of that fact; and

(ii) the person has failed to obtain information to confirm the existence of that fact.

(2) A reference in this Act to the exercise, carrying out or performance of a power, duty or function, is deemed to include a reference not to exercise, carry out or perform such a power, duty or function.

CHAPTER 2 Prohibitions In Respect Of Corrupt Activities

Part 1: General prohibitions

General prohibitions in respect of corrupt acceptance of gratification

3. No person may, directly or indirectly, accept or agree or offer to accept any gratification, whether for himself or herself or for the benefit of another person-

(a) as an inducement to act with an improper purpose, personally or by influencing any other person so to act, in the exercise, carrying out, or performance of his or her or such other person’s powers, duties or functions relating to his or her or such other person’s office, employment or any other capacity; or

(b) as a reward for acting or having acted as contemplated in paragraph (a)..

General prohibitions in respect of corrupt giving of gratification

4. No person may, directly or indirectly, give or agree or offer to give to any other person any gratification, whether for the benefit of that other person or of another person-

(a) as an inducement to act with an improper purpose, personally or by influencing any other person so to act, in the exercise, carrying out, or performance of his or her or such other person’s powers, duties or functions relating to his or her or such other person’s office, employment or any other capacity; or

(b) as a reward for acting or having acted as contemplated in paragraph (a).

Part 2: Prohibitions in respect of corrupt activities relating to specific persons

Prohibitions in respect of corrupt activities relating to public officers

5. (1) No public officer may, directly or indirectly, accept or agree or offer to accept any gratification, whether for himself or herself or for the benefit of another person-

(a) as an inducement to act with an improper purpose, personally or by influencing any other person so to act, in the exercise, carrying out or performance of his or her or such other person’s powers, duties or functions relating to his or her or such other person’s office or employment, which act may include-

(i) voting or not voting at any meeting of a public body;

(ii) performing, not performing or not adequately performing any official functions;

(iii) expediting, delaying, hindering or preventing the performance of an official act;

(iv) aiding, assisting or favouring any particular person in the transaction of any business with a public body;

(v) aiding or assisting in procuring or preventing the passing of any vote or the granting of any contract or advantage in favour of any person in relation to the transaction of any business with a public body; or

(vi) showing any favour or disfavour to any person in performing a function as a public officer;

(vii) diverting, for purposes unrelated to those for which they were intended, any property belonging to the state which such officer received by virtue of his or her position for purposes of administration, custody or for any other reason, to another person;

(viii) exerting any improper influence over the decision making of any person performing functions in a public body; or

(b) as a reward for acting or having acted as contemplated in paragraph (a).

(2) No public officer may, directly or indirectly, use his or her office or position in a public body in order to obtain any undue gratification for himself, herself or any other person.

(3) No person may, directly or indirectly, give or agree or offer to give any gratification to a public officer as-

(a) an inducement to act with an improper purpose as contemplated in subsection (1); or

(b) a reward for acting or having acted as contemplated in paragraph (a).

Prohibitions in respect of corrupt activities by and against persons in private sector

6. No person may, in the course of business in the private sector, directly or indirectly-

(a) accept or agree or offer to accept any gratification, whether for himself or herself or for the benefit of another person-

(i) as an inducement to act with an improper purpose, personally or by influencing any other person so to act, in the exercise, carrying out, or performance of his or her or such other person’s powers, duties or functions relating to his or her or such other person’s business, office or employment; or

(ii) as a reward for acting or having acted as contemplated in subparagraph (i); or

(b) give or agree or offer to give to any other person any gratification, whether for the benefit of that other person or of another person-

(i) as an inducement to act with an improper purpose, personally or by influencing any other person so to act, in the exercise, carrying out, or performance of his or her or such other person’s powers, duties or functions relating to his or her or such other person’s business, office or employment; or

(ii) as a reward for acting or having acted as contemplated in subparagraph (i).

Prohibitions in respect of corrupt activities relating to agents

7. (1) No agent may, directly or indirectly-

(a) accept or agree or offer to accept any gratification, whether for himself or herself or for the benefit of another person-

(i) as an inducement to act with an improper purpose, personally or by influencing any other person so to act, in the exercise, carrying out, or performance of his or her or such other person’s powers, duties or functions relating to the affairs or business of his or her or such other person’s principal; or

(ii) as a reward for acting or having acted as contemplated in subparagraph (i); or

(b) give or agree or offer to give to any person any gratification, whether for the benefit of that person or of another person-

(i) as an inducement to act with an improper purpose, personally or by influencing any other person so to act, in the exercise, carrying out, or performance of his or her or such other person’s powers, duties or functions relating to his or her or such other person’s office or employment; or

(ii) as a reward for acting or having acted as contemplated in subparagraph (i).

(2) No person may, directly or indirectly-

(a) accept or agree or offer to accept from an agent any gratification, whether for himself or herself or for the benefit of another person-

(i) as an inducement to act with an improper purpose, personally or by influencing any other person so to act, in the exercise, carrying out, or performance of his or her or such other person’s powers, duties or functions relating to his or her or such other person’s office or employment; or

(ii) as a reward for acting or having acted as contemplated in subparagraph (i); or

(b) give or agree or offer to give any gratification to an agent, whether for the benefit of that agent or of another person-

(i) as an inducement to act with an improper purpose, personally or by influencing any other person so to act, in the exercise, carrying out, or performance of that agent’s or such other person’s powers, duties or functions relating to the affairs or business of that agent’s or such other person’s principal; or

(ii) as a reward for acting or having acted as contemplated in subparagraph (i).

Prohibitions in respect of corrupt activities relating to members of legislative authority

8. (1) No member of the legislative authority may, directly or indirectly, accept or agree or offer to accept any gratification, whether for himself or herself or for the benefit of another person-

(a) as an inducement to-

(i) act with an improper purpose, personally or by influencing any other person so to act, in the exercise, carrying out or performance of his or her or such other person’s powers, duties or functions relating to his or her or such other person’s office or employment;

(ii) absent himself or herself from the legislative authority of which he or she is a member or from any committee or joint committee of that legislative authority; or

(b) as a reward for acting or having acted as contemplated in subparagraph (i) or (ii).

(2) No person may give or agree or offer to give any gratification to a member of the legislative authority, whether for the benefit of that member or of another person-

(a) as an inducement to-

(i) act with an improper purpose, personally or by influencing any other person so to act, in the exercise, carrying out or performance of his or her or such other person’s powers, duties or functions relating to his or her or such other person’s office or employment; or

(ii) absent himself or herself from the legislative authority of which he or she is a member or from any committee or joint committee of that legislative authority;

(b) as a reward for acting or having acted as contemplated in subparagraph (i) or (ii).

Prohibitions in respect of corrupt activities relating to members of judicial authority

9. (1) No judicial officer may, directly or indirectly, accept or agree or offer to accept any gratification, whether for himself or herself or for the benefit of another person-

(a) as an inducement to act with an improper purpose, personally or by influencing any other person so to act, in the exercise, carrying out or performance of his or her or such other person’s powers, duties or functions relating to his or her or such other person’s judicial office or the administration of justice, which include-

(i) conducting fair judicial proceedings;

(ii) making fair and impartial decisions over life, freedoms, rights, duties, obligations and property of persons;

(iii) promoting the independence of the judiciary; or

(b) as a reward for acting or having acted as contemplated in paragraph (a).

(2) No person may, directly or indirectly, give or agree or offer to give any gratification to a judicial officer, whether for the benefit of that judicial officer or of another person-

(a) as an inducement to act with an improper purpose, personally or by influencing any other person so to act, in the exercise, carrying out or performance of his or her or such other person’s powers, duties or functions relating to his or her or such other person’s judicial office or the administration of justice, which include-

(i) conducting fair judicial proceedings;

(ii) making fair and impartial decisions over life, freedoms, rights, duties, obligations and property of persons;

(iii) promoting the independence of the judiciary; or

(b) as a reward for acting or having acted as contemplated in paragraph (a).

Prohibitions in respect of corrupt activities relating to members of prosecuting authority

10. (1) No member of the prosecuting authority may, directly or indirectly, accept or agree or offer to accept any gratification, whether for himself or herself or for the benefit of another person-

(a) as an inducement to act with an improper purpose, personally or by influencing any other person so to act, in the exercise, carrying out or performance of his or her or such other person’s powers, duties or functions relating to his or her or such other person’s office, employment or the administration of justice, which include-

(i) the instituting and conducting of criminal proceedings on behalf of the State;

(ii) the carrying out of any necessary functions incidental to instituting and conducting such criminal proceedings; and

(iii) the discontinuation of criminal proceedings; or

(b) as a reward for acting or having acted as contemplated in paragraph (a).

(2) No person may, directly or indirectly, give or agree or offer to give any gratification to a member of the prosecuting authority, whether for the benefit of that member or of another person-

(a) as an inducement to act with an improper purpose, personally or by influencing any other person so to act, in the exercise, carrying out or performance his or her or such other person’s powers, duties or functions relating to his or her or such other person’s office, employment or the administration of justice, which include-

(i) the instituting and conducting of criminal proceedings on behalf of the State;

(ii) the carrying out of any necessary functions incidental to instituting and conducting such criminal proceedings; and

(iii) the discontinuation of criminal proceedings; or

(b) as a reward for acting or having acted as contemplated in paragraph (a).

Prohibitions in respect of corrupt activities relating to witnesses

11. (1) No person may, directly or indirectly, give or agree or offer to give any gratification to any other person, whether for the benefit of that other person or of another person-

(a) with the intent to improperly influence-

(i) the testimony of that other person or another person as a witness, in a trial, hearing or other proceedings before any court, judicial officer, committee, commission or any officer authorised by law to hear evidence or take testimony; or

(ii) that other person or another witness to absent himself or herself from such trial, hearing or other proceedings or to withhold testimony; or

(b) as a reward for acting or having acted as contemplated in paragraph (a)(i) or (ii).

(2) No person may, directly or indirectly, accept or agree or offer to accept any gratification, whether for himself or herself or for the benefit of another person, in return for-

(a) testifying in a particular or untruthful manner in a trial, hearing or other proceedings before any court, judicial officer, committee, commission or officer authorised by law to hear evidence or take testimony;

(b) not testifying at any such trial, hearing or proceedings; or

(c) a reward for acting or having acted as contemplated in paragraph (a) or (b).

Prohibitions in respect of corrupt activities relating to foreign public officials

12. No person may, directly or indirectly, give or agree or offer to give any gratification to a foreign public official, whether for the benefit of that foreign public official or of another person-

(a) as an inducement to act with an improper purpose, personally or by influencing any other person so to act, in the exercise, carrying out, or performance of his or her or such other person’s powers, duties or functions relating to his or her or such other person’s office or employment, which act includes, using his or her position to-

(i) influence any acts or decisions of the foreign state or public international organisation concerned; or

(ii) obtain or retain a contract, business or an improper advantage in the conduct of business of that foreign state or public international organisation; or

(b) as a reward for acting or having acted as contemplated in paragraph (a)(i) or (ii).

Part 2: Prohibitions in respect of corrupt activities relating to specific matters

Prohibitions in respect of corrupt activities relating to procuring and withdrawal of tenders

13. No person may-

(a) accept or agree or offer to accept any gratification, whether for himself or herself or for the benefit of another person-

(i) as an inducement-

(aa) to improperly award a tender to a particular person, personally or by influencing any other person so to act, in relation to a contract for performing any work, providing any service, supplying any article, material or substance or performing any other act;

(bb) for, upon an invitation to tender for such contract, improperly making an offer for that tender which has as its aim to cause the tenderer or person organising the tender to accept a particular offer;

(cc) for improperly withdrawing a tender made by him or her for such contract; or

(ii) as a reward for acting or having acted as contemplated in paragraph (a)(i)(aa), (bb) or (cc);

(b) give or agree or offer to give to any other person any gratification, whether for the benefit of that other person or of another person-

(i) as an inducement to improperly award a tender to a particular person, personally or by influencing any other person so to act, in relation to a contract for performing any work, providing any service, supplying any article, material or substance or performing any other act; or

(ii) as a reward for acting or having acted as contemplated in subparagraph (i);

(c) notwithstanding the acceptance of or offer to accept any gratification, give any other person inside information in respect of a tender so as to enable such other person to tender, or not to tender, in a particular way in order to obtain an unfair advantage in the tender process;

(d) with intent to obtain such a tender, give or agree or offer to give any gratification to any person who has made a tender in relation to the contract concerned, whether for the benefit of that tenderer or any other person, as an inducement or as a reward for withdrawing or having withdrawn his or her tender.

Prohibitions in respect of corrupt activities relating to auctions

14. No auctioneer or any other person, as the case may be, may directly or indirectly-

(a) give or agree or offer to give any gratification to any other person, whether for the benefit of that other person or of another person-

(i) as an inducement to improperly-

(aa) refrain from bidding at an auction; or

(bb) participate, personally or by influencing any other person so to participate, in the bidding process at an auction in such a manner so as to get a specific offer for the article or to buy the article for a specific amount or to sell the article to a specific bidder; or

(ii) as a reward for acting or having acted as contemplated in subparagraph (i)(aa) or (bb); or

(b) accept or agree or offer to accept any gratification, whether for himself or herself or for the benefit of another person-

(i) as an inducement to improperly-

(aa) refrain from bidding at an auction; or

(bb) participate, personally or by influencing any other person so to participate, at an auction in the bidding process in order to get a specific offer for the article or to buy the article for a specific amount or to sell the article to a specific bidder;

(cc) conduct the bidding process at an auction in such a manner so as to favour or prejudice a specific person; or

(ii) as a reward for having acted as contemplated in subparagraph (i)(aa), (bb) or (cc).

Prohibitions in respect of corrupt activities relating to contracts

15. (1) No person may, directly or indirectly, give or agree or offer to give any gratification to any other person, whether for the benefit of that other person or of another person-

(a) as an inducement for improperly giving assistance in or influencing, in any way-

(i) the promotion, execution or procurement of any contract with a public body, private organisation, corporate body or other organisation or institution; or

(ii) the fixing of the price, consideration or other moneys stipulated or otherwise provided for in any such contract; or

(b) as a reward for acting or having acted as contemplated in paragraph (a)(i) or (ii).

(2) No person may, directly or indirectly, accept or agree or offer to accept any gratification, whether for himself or herself or for the benefit of another person-

(a) as an inducement for improperly giving assistance in or influencing, in any way-

(i) the promotion, execution or procurement of any contract with a public body, private organisation, corporate body or other organisation or institution; or

(ii) the fixing of the price, consideration or other moneys stipulated or otherwise provided for in any such contract; or

(b) as a reward for acting or having acted as contemplated in paragraph (a)(i) or (ii).

(3) No person may, in order to obtain or retain a contract with a public body or as a term of such contract, directly or indirectly, give or agree or offer to give any gratification to any other person, whether for the benefit of that other person or of another person-

Police Background Check Procedures

Who can apply?

• Anybody who has resided in South Africa can apply.
• Third Party representatives can apply.
• Prospective UK employers can apply, but with written consent of the subject and through an accredited pre-employment screening agency in South Africa.

Where?

• Local applicants must apply at their local Criminal Records Centre.
• Overseas applicants must directly apply to their local/previous Criminal Records Centre.
• South African High Commission is unable to accept applications, but willing to assist subjects with their application.

What must the applicant supply?

The applicant must supply:
• A formal letter bearing the following information:
• Surname
• Maiden name (if applicable, also specify in which surname the certificate should to be issued)
• Given names
• Date of birth
• Place of birth
• South African ID number (if applicable)
• Last residential address in South Africa
• Last SA business / employer’s address
• Telephone number of the above
• Date
• Signature
• Mailing address in the country of application
• Zip/Postal Code
• Telephone number
• Full set of fingerprint impressions (taken at local police station)
• Copy of travel document (passport)
• Proof of payment
• Self-address envelope if applicant wishes certificate to be returned by post.
If the applicant is sending their request by courier, it must be pre-paid for collection and return to sender once they are ready.
A template can be found at: http://www.dfa.gov.za/consular/annex 23b.doc

, but applicants are advised to create a formal letter.

What are the costs / turnaround times?

• Fee of 59 Rand (approx. £4.20)
• Payable by either a South African bank guaranteed cheque, banker’s draft, money order, or electronic payment into the South African Police Service account made payable to the South African Police Service.
• Account details for transfer payments:
• ABSA cheque account number: 4054522787
• Swift code: ABSA ZAJJ
• Branch code: 632005
Account name: South Africa Police Service
• Turnaround is six to eight weeks from receipt of application.
• No fast-track service available.

Contact Details

Applications sent by mail should go to:
The Head of the South African Criminal Record Centre
(For attention: Police Clearance Certificates)
Private Bag X308
PRETORIA
Gauteng
South Africa 0001
Applications sent by courier should go to:
The Head (Attention:Police ClearanceCertificates)
Criminal Record Centre
1st Floor Room 14
Botongo Plaza West
271 Schoeman Street
Pretoria
Republic of South Africa
Tel: (+0027)012-393-3928
Fax: (+0027) 012-393-3909
South Africa High Commission in
London:
South African High Commission
South Africa House
Trafalgar Square London
WC2N 5DP
Tel: (+044) 020-7451-7299
Website:http://southafricahouseuk.com/

What does the certificate look like?

Certificates are only valid for 6 months following date
of issue Certificates bear a:
• RSA watermark
• A background design of SAPS that appears as a pattern across the paper, not visible on photocopies
• SAPS rubber stamp
• Signature of issuing officer in blue ink
• Name of subject
• Convictions (where applicable)

South Africa Police Record

Available. Criminal records since 1901 covering the entire Republic are maintained at the South African Police Headquarters, Pretoria. The period The Commissioner of the South African Police issues certificates upon application, stating whether or not a criminal record exists, and, if so, particulars of the offense as well as any sentence passed.

The police authorities require an applicant to present verification of identity, such as a Book of Life, or valid passport, and a payment of R41.00 (South African rand forty one payable in cash, check or postal order, made payable to the South African police).

To obtain a certificate that is issued in single copy only, fingerprints must be taken by the local police in the applicant’s place of residence. The South African police forward the completed fingerprint chart and the fee to the head office in Pretoria for issuance of the police clearance certificate. If the applicant is residing in the United States, he or she should forward a bank draft in the amount of R41.00 together with a completed fingerprint chart (bearing an official signature and stamp of the local police station) to:

  • South African Police Service
  • Criminal Record Centre
  • Private Bang X308
  • Pretoria 0001, South Africa

Alternatively, he/she should authorize a friend/relative in South Africa to submit the application on behalf of the applicant.

Know Your Customer (KYC) Rules

South Africa‘s position as the major financial center in the region, its sophisticated banking and financial sector, and its large, cash-based market make it vulnerable to exploitation by transnational and domestic crime syndicates. The largest source of laundered funds in the country is proceeds from the narcotics trade. Fraud, theft, racketeering, corruption, currency speculation, credit card skimming, poaching, theft of precious metals and minerals, human trafficking, stolen cars, and smuggling are also sources of laundered funds.

Many criminal organizations are also involved in legitimate business operations. There is a significant black market for smuggled and stolen goods. In addition to criminal activity by South African nationals, observers note criminal activity by Nigerian, Pakistani, Andean and Indian drug traffickers, Chinese triads, Taiwanese groups, Bulgarian credit card skimmers, Lebanese trading syndicates, and the Russian mafia.

South Africa is not an offshore financial center, nor does it have free trade zones. South Africa does operate Industrial Development Zones (IDZs). Imports and exports related to manufacturing or processing in the zones are duty free, provided that the finished product is exported. IDZs are located in Port Elizabeth, East London, Richards Bay, and Johannesburg International Airport. The South African Revenue Service monitors the customs control of these zones.

KNOW-YOUR-CUSTOMER (KYC) RULES:

Enhanced due diligence procedures for PEPs:

A PEP is an abbreviation for Politically Exposed Person, a term that describes a person who has been entrusted with a prominent public function, or an individual who is closely related to such a person. The terms PEP, Politically Exposed Person and Senior Foreign Political Figure are often used interchangeably

    • Foreign PEP: YES
    • Domestic PEP: YES

South Africa – KYC covered entities

The following is a list of Know Your Customer entities covered by South African Law:

    • Banks
    • Credit institutions
    • Post office banks
    • Foreign exchange dealers
    • Securities traders and brokers
    • Entities that issue travelers checks
    • Real estate agents
    • Gambling institutions
    • Gold dealers
    • Attorneys
    • Second hand car dealers
    • Money lenders

South Africa – Suspicious Transaction Reporting (STR) Requirements:

Number of STRs received and time frame: 36,990 – April 1, 2010 – March 31, 2011

Number of CTRs received and time frame: 4,227,253 – October 4, 2010 – October 4, 2011

The following is a list of STR covered entities covered by South African Law:

    • Banks
    • Credit institutions
    • Post office banks
    • Foreign exchange dealers
    • Securities traders and brokers
    • Entities that issue travelers checks
    • Real estate agents
    • Gambling institutions
    • Gold dealers
    • Attorneys
    • Second hand car dealers
    • Money lenders

MONEY LAUNDERING CRIMINAL PROSECUTIONS/CONVICTIONS:

Prosecutions: Not available
Convictions: Not available

ENFORCEMENT AND IMPLEMENTATION ISSUES AND COMMENTS:

South Africa‘s AML/CFT regime has a solid legal and regulatory framework. However, there are gaps in enforcement of the reporting requirements, due in part to South Africa‘s large informal and cash-based economy. Over recent years, South Africa has recognized the vulnerability posed by this, and has embarked upon financial inclusion initiatives.

South Africa‘s FIU, known as the Financial Intelligence Centre (FIC), is a capable authority working to enhance its effectiveness by providing high-quality, timely and actionable financial intelligence rather than larger volumes of lower-quality intelligence, much of which cannot be acted upon. During 2010/11, the Financial Intelligence Centre (FIC) identified various direct connections between criminal conduct and financial benefit, and froze just over R6.7 million (approx. $844,380) in bank accounts.

The capacity of South Africa‘s law enforcement authorities needs improvement. While money laundering is a specific offense under the South African penal code, it is not often charged as a stand-alone offense. Instead, prosecutors typically include money laundering as a secondary charge in conjunction with other offenses. Accordingly, South Africa does not generally keep separate statistics for money laundering-related prosecutions, convictions, or forfeited assets.

South Africa has been working to improve its AML/CFT regime. Its focus on the risk-based approach (RBA) is designed to target high-impact cases involving large amounts of money and greater numbers of people. The Government of South Africa should continue to implement its initiatives and improvements on financial inclusion, its application of the RBA, and enhancing the FIC. South Africa should also work to improve its law enforcement and prosecutorial capacity and ensure that its respective AML/CFT authorities keep statistics, as required by international standards.

Risk

Sovereign risk

Fractious labour relations (fuelled by sustained pressure to boost wages and improve living standards) will constrain the rating. The risks to economic growth and the fiscal position will remain, and South Africa’s sovereign risk rating could come under further pressure in 2015‘16.

Banking sector risk

South Africa’s robust and well-supervised banking system supports the rating. Banking sector risk will be limited by the fact that commercial banks’ net foreign assets will remain positive in 2015‘16. However, banking sector profitability could suffer further if real GDP growth were to weaken. The high level of household indebtedness and associated heavy debt-servicing costs are potential sources of weakness to the banking sector and the wider economy.

Political risk

Fractious labour relationswhich could be exacerbated by the expulsion of the militant National Union of Metalworkers of South Africa from the Congress of South African Trade Unionswill continue to pose a serious challenge to the South African government. Social and political uncertainty could rise.

Economic structure risk

South Africa’s BB rating reflects persistent strikes, accompanied by lost wages and weak economic growth. Efforts to boost job creation and curb unemployment will be undermined by the economy’s overall sluggish performance.

Travel Risk

Security

The decision to travel is your responsibility. You are also responsible for your personal safety abroad. The purpose of this Travel Advice is to provide up-to-date information to enable you to make well-informed decisions.

Crime

South Africa has a very high level of crime. Crime is the primary security threat to travellers.

Violent crimes, including rape and murder, routinely occur and have involved foreigners. Muggings, armed assaults and theft are also frequent, often occurring in areas that are popular among tourists. Carjackings and cases of robbery and assault have been reported as well.

Armed robberies at shopping malls have increased. If confronted by an armed individual, you are advised to immediately comply, avoid making sudden movements, avoid resisting or antagonizing the assailants and avoid eye contact with your assailant.

Crime significantly increases after dark in major city centres and townships. After dark, avoid the areas of Berea, Hillbrow and Yeoville in Johannesburg, Sunnyside in Pretoria, and the beachfront and Victoria wharf in Durban. In Cape Town, avoid walking from downtown hotels to the waterfront.

Outbreaks of violence and looting have taken place in and around Johannesburg and Pretoria, and could reoccur with little warning. Monitor local media and follow the advice of local authorities.

Common criminal strategies

Be on the alert for ploys to stop your vehicle. Criminals have been known to create bogus accidents or roadblocks (sometimes putting debris in the road) and to throw rocks, bricks and paint from freeway overpasses onto moving vehicles to damage cars and disorientate drivers. The criminal then waits for the driver to pull over or exit the car before grabbing exposed valuables and/or stealing the vehicle.

Criminals are known to pose as police officers to extort and rob tourists, including by stopping tourist buses or rented cars to check proof of identity and search luggage. You are advised to not pull over on the side of the road, put on your hazard lights and slowly drive to a gas station, police station or other safe and populated area.

Be especially vigilant at vulnerable points such as traffic lights, stop signs, yield signs and highway off-ramps. Smash and grab incidents are frequent, where car windows are broken and valuables such as handbags are taken while cars are wait at junctions. Park in well-lit areas, do not pick up strangers and ensure that vehicle doors are locked and windows are closed at all times.

Hotel theft

Theft, including from hotel rooms and guest houses, is common. Never leave your windows or doors open or unlocked, even when you are present. Check the level of security at guest houses, hotels, lodges, backpacker lodges or any accommodation before making bookings. Do not leave luggage and valuables unattended, and place them in safekeeping facilities. Do not open the door to anyone without taking necessary precautions. If someone claims to be a member of staff, verify with the reception prior to opening the door.

Automated banking machines

Attacks on automated banking machines (ABMs), in which criminals use explosives to gain access to the cash box, have increased throughout the country. Be particularly vigilant and do not let yourself get distracted at ABMs, as assaults on people using them occur. Although attacks usually take place in isolated areas and early in the morning, some have been perpetrated in high-traffic areas. Do not attempt to use ABMs that appear damaged or defective, or that are located in isolated or poorly lit areas. Also, do not accept any offer of assistance with your transaction. If suspicious at any time, cancel your transaction and use another ABM. Whenever possible, do not withdraw money from an ABM at a gas station, since these are often targeted by criminals. Avoid using ABMs at night and, if possible, have someone accompany you to watch the area during your transaction.

Regional unrest

Xenophobic attacks primarily targeting refugees or immigrants from other African nations, and outbreaks of violence and looting are occurring in central Durban and several surrounding areas such as Umlazi and KwaMashu. This type of unrest has also been reported in and around Johannesburg, and could reoccur in any region of the country with little warning. Avoid large gatherings and demonstrations, and monitor local media and follow the advice of local authorities at all times.

Demonstrations

The political situation is stable in South Africa, however, nationwide strikes and demonstrations occur frequently and have the potential to suddenly turn violent. Avoid large gatherings and demonstrations, stay away from locations where they may be held and follow the advice of local authorities at all times. Monitor local media and other sources of information for updates on security risks, demonstrations, public gatherings and trade union workers’ strikes.

Road travel

Traffic drives on the left. Road conditions are generally good, but some roads in the more remote areas are less well maintained and potholes may be encountered. Drive cautiously at all times and adhere to speed limits.

Traffic lights are frequently out of order. Treat all intersections with malfunctioning traffic lights as a four-way stop. At traffic circles (roundabouts) drivers should give way to the right, although this rule is often ignored.

Avoid driving in close proximity to armored vehicles transporting cash as they are often the target of attacks on the road.

Avoid undertaking overland travel after dark. Insufficient lighting on rural roads makes it difficult to see pedestrians, wild animals and stray livestock. Pedestrians are known to cross major highways.

There are many road accidents causing death in South Africa. Alcohol and poor driving standards, such as ignoring traffic signs, speeding and indiscriminate overtaking, are often contributing factors, particularly at night. Accidents can happen if you drive in wet conditions, as roads get very slippery. Observe the recommended following distances.

Beware of relying solely on global positioning system (GPS) navigation devices, as they may direct you through unsafe areas. Verify your route prior to departure.

When renting a vehicle, choose one with a robust central locking system, lockable fuel tank cap and vehicle alarm. Use a reliable company offering 24-hour emergency service, and ensure that you have the contact details for the service.

It is illegal to carry gasoline in portable containers.

Make sure you carry identification and your valid drivers’ licence in English at all times.

Public Transportation

Public transport is not recommended. Tourists have been mugged and assaulted in and around bus stations. Avoid the central bus station in Johannesburg. Train travel is not recommended, especially second or third class. Services are slow and several serious accidents in recent years have raised concerns over safety standards. Violent attacks have also taken place on local commuter and metro trains between Johannesburg and Pretoria, as well as on commuter trains in Cape Town. However, the Gautrain between O.R. Tambo International Airport in Johannesburg and Pretoria, as well as the Blue Train and Rovos Rail, are safe for tourists.

Taxis cannot be hailed in the street. Ask your hotel to arrange a taxi and ensure that you prearrange transport for your return journey. Sit in the rear of the vehicle and keep windows up and doors locked at all times. Keep valuables out of sight and place bags by your feet. It is advisable to negotiate the fare with the driver in advance. Avoid using minibuses and unlicensed taxis.

Passport theft and baggage pilferage are prevalent at both international and regional airports. All valuables should be placed in your hand luggage. Where possible, suitcases should be locked and wrapped in secure plastic film. This service is available at most airports for a nominal fee.

Do not accept unsolicited offers of assistance with carrying your luggage or pushing your luggage trolley. Remain vigilant and do not leave any bag unattended, even for a moment. Be on the alert at X-ray machines while having your hand-held baggage scanned; where possible, accompany your luggage through these stations. There has been a string of thefts inside the secure area of the international terminal at the O.R. Tambo airport in Johannesburg (after the security checkpoint and past immigration).

Arrange to be met at the airport upon arrival and dropped off for departure by reliable contacts. Clearly identify who is picking you up before getting into their vehicle. Criminals have been known to replicate passengers’ names on signs in the arrivals area in order to rob them. Confirm the identity of the person meeting you. There have been incidents of passengers being followed from airports to their accommodation and robbed. Should you be concerned that you are being followed, proceed to the first available gas station or police station for assistance.

See Transportation Safety in order to verify if national airlines meet safety standards.

Reserves and safaris

There are inherent risks associated with viewing wildlife, both marine and on land, particularly on foot or at close range. You should always maintain a safe distance when observing wildlife and avoid exiting vehicles unless it is deemed safe to do so by professional guides and wardens. Use only reputable and professional guides or tour operators, and closely follow park regulations and wardens’ advice.

There have been attacks on hikers and tourists at reserves and hiking trails, including Table Mountain. Some attacks have been violent. Authorities are attempting to address the problem, and recommend that visitors walk in groups and take all appropriate precautions.

Avoid isolated picnic areas and beaches. Do not stop at deserted roadside resting places on national roads, and be aware that travellers have been attacked and robbed in parking areas at tourist attractions. Be aware of the threat of monkeys and baboons overwhelming sightseers in their search for food. They are known to get very aggressive.

Beaches

Coastal waters have unpredictable wave and currents patterns, which can be dangerous. Follow the advice and warnings of local authorities. Shark attacks have been reported in several areas, including in KwaZulu-Natal and Western Cape.

Be cautious when swimming in lakes and rivers because of the risk posed by wildlife.

Townships and rural areas

Avoid townships and informal settlements if you are unfamiliar with them, except when travelling with organized tours provided by a reputable company or in association with an experienced local organization.

Fraud

Cases of attempted fraud are frequently reported in South Africa. Do not give personal or financial account information to anyone. There are international fraud rings operating in South Africa that target visitors, foreign businesspeople and charities.

Flagrant soliciting of bribes occurs, especially by police officers who may stop drivers for no apparent reason.

Secure all automated banking machine (ABM) and credit card payment slips and keep your credit card in sight at all times when using it. Mobile phones and card skimmers have been used to copy credit card details. Request a mobile card machine at restaurants and make sure your card is visible at all times during the transaction.

If you wish to report an attempted fraud, call the South African Police Service at 08600 10111. See Overseas Fraud for more information.

General safety information

A load shedding program (rolling blackouts) is currently in effect in parts of South Africa, leaving different areas without electrical power for a predetermined period of time. Consult Eskom’s website to view its load shedding schedule. Blackouts could take place on short notice in the case of power shortages. Consider preparing a basic emergency kit.

Interruptions to the supply of water occur from time to time and can be lengthy in some areas, resulting in considerable inconvenience.

Do not show signs of affluence, display money or carry valuables such as laptop computers or cameras. When at restaurants or bars, do not leave your bag under your chair or table or hung over the back of a chair; keep it on your lap. There is a high risk of pickpocketing. Men should not put their wallets in their back pocket. Ensure that all zippers, straps and fasteners are closed and secure, and be aware of people behind and around you.

Do not leave your food or drink unattended. There have been incidents of food or drink being drugged and tourists robbed when unconscious.

Criminals are known to target people who appear preoccupied and are not paying attention to their immediate surroundings.

If you believe that you are being followed, go directly to a police station.

As a pedestrian, take extreme care when crossing streets. Drivers are often aggressive toward pedestrians and fail to yield the right of way even on marked crosswalks.

Travel on foot is inadvisable in most areas. If walking is unavoidable, use only brightly lit, busy streets in popular tourist areas and maintain awareness of your surroundings at all times. Avoid walking after dark.

Always carry a cellular phone in the event of an emergency. If using your own phone, ensure that it has international/roaming capability for use while in South Africa. Rental mobile phones are available at all major airports.

Cellular phone reception is generally good in major towns and cities but can be intermittent in rural areas.

Nationwide, dial 10111 for police emergencies, and 10177 for ambulance services

Annual Cases

Budget Autonomy No
Annual Budget of the Agency +500 million (rand)
Per Capital Expenditure
Expeniture as % of the GDP
Are employees protected by law from recrimination or other negative consequences when reporting corruption (i.e. whistle-blowing)? Yes
Does your country have freedom of information legislation? Yes
Does your country have conflict of interest legislation? Yes
Does your country have a financial disclosure system to help prevent conflicts of interest? Yes
Who appoints the head of your agency? The President
Who has the authority to remove the head of the ACA? The President
Is there any term limit for the head of the ACA? No
Does your agency measure performance? Yes
Number of investigations launched
Number of investigations completed
Other, please specify
Amount recovered
Number of disciplinary referred
Number of criminal referred
Full access to Government Yes

 

Address Format

RECIPIENT
[HOUSE_NUMBER] [STREET_NAME]
DEPENDENT_LOCALITY
[LOCALITY]
POSTAL_CODE
SOUTH AFRICA

Sample

JACOB PAULSE
236 QUEEN MARY AVE.
ADDINGTON
DURBAN
4001
SOUTH AFRICA

Summary

Calendar GMT Reference Actual Previous Consensus Forecast
2014-08-26 10:30 AM Q2 1.0% 1.6% 1.2% 1.47%
2014-11-25 09:30 AM Q3 1.4% 1.3% (R) 1.4% 1.3%
2015-02-24 09:30 AM Q4 1.3% 1.6% (R) 1% 1.03%
2015-05-26 10:30 AM Q1 1.3% 0.93%
2015-08-25 09:30 AM Q2 0.85%
2015-11-24 09:30 AM Q3 0.97%

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