Commercial Branch

CORRUPTION

BACKGROUND

The Desk is responsible for the receiving, evaluating and disseminating of suspicious corrupt activities reports which have to be reported by persons in certain positions to any police official in terms of Section 34 of the Prevention of Corrupt Activities, 2004 (Act No. 12 of 2004).

The Prevention and Combating of Corrupt Activities Act, 2004 (Act No.12 of 2004), came into operation on 27 April 2004.

According to section 34(1) of the Act, any person who holds a position of authority (defined in section 34(4) of the Act), who knows or ought reasonably to have known or suspected that any other person has committed an offence (of corruption) in terms of sections 3 to 16 or 20 to 21 of the Act or theft, fraud, extortion, forgery or uttering of a forged document involving an amount of R100 000,00 or more, must report such knowledge or suspicion or cause such knowledge or suspicion to be reported to any police official.

Section 34(2) of the Act provides that any person who fails to comply with subsection (1) is guilty of an offence.

From the above it is clear that :

Certain persons, namely those holding a position of authority, irrespective of whether they are employed in the private sector or public sector, must report corruption (irrespective of the amount involved) or certain common law offences, namely theft, fraud, extortion, forgery or uttering of a forged document (involving an amount of R100 000,00 or more).

For purposes of subsection (1), the following persons hold a position of authority, namely-

• the Director-General or head, or equivalent officer, of a national or provincial department;

• in the case of a municipality, the municipal manager appointed in terms of section 82 of the Local Government: Municipal Structures Act, 1998 (Act No. 117 of 1998);

• any public officer in the Senior Management Service of a public body;

• any head, rector or principal of a tertiary institution;

• the manager, secretary or a director of a company as defined in the Companies Act, 1973 (Act No. 61 of 1973), and includes a member of a close corporation as defined in the Close Corporations Act, 1984 (Act No. 69 of 1984);

• the executive manager of any bank or other financial institution;

• any partner in a partnership;

• any person who has been appointed as chief executive officer or an equivalent officer of any agency, authority, board, commission, committee, corporation, council, department, entity, financial institution, foundation, fund, institute, service, or any other institution or organisation, whether established by legislation, contract or any other legal means;

• any other person who is responsible for the overall management and control of the business of an employer; or

• any person contemplated in paragraphs mentioned above, who has been appointed in an acting or temporary capacity.

Reports of corruption or the identified common law offences must be reported to any police official of the SA Police Service. The fact that a person contacted the National Anti-Corruption “hotline” for the Public Service or contacted another law enforcement agency does not exonerate him/her from the obligation to report to the SAPS. Failure to report to the SAPS constitutes an offence.

The police official who receives a report of corruption or the common law offences set out in subsection (1) of the Act must, according to section 34(3) of the Act, “take down the report in the manner directed by the National Commissioner and forthwith provide the person who made the report with an acknowledgement of receipt of such report.”

The National Commissioner’s directions were published in Government Gazette No. 26552 of 16 July 2004, Government Notice No 837. These directions prescribe to police officials who receive a report in respect of corruption or any of the other identified offences in which format they must take down the report and provide an acknowledgement of receipt and what steps they must take to ensure that the report receives dedicated attention with a view to criminal investigation.

Reports can be made in any manner by the person who holds a position of authority and such person may even use another person to report the offence to the SAPS (“cause such knowledge/suspicion to be reported....”). A person who is compelled by the Act to report the identified offences to the SAPS, may, however, not report anonymously, or use the whistleblowing mechanisms of the Protected Disclosures Act, 2000 (Act No. 26 of 2000), to circumvent their responsibilities in terms of the Prevention and Combating of Corrupt Activities Act, 2004.

CONTACT INFORMATION

Can be contacted at (012) 393 2108
Fax prescribed form to (012) 393 2481

The form on which a report must be submited.

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