Sec: 34 - Reporting guide (what)
The former National Head of the Directorate for Priority Crime Investigation, General Anwa Dramat has approved the following guidelines:
(See the notice as published in Government Gazette)
DUTY TO REPORT:
Section 34 places the duty on certain persons to report certain offences. Failure to report is an offence
WHAT TO REPORT:
Corruption: |
Chapter 2 of the Prevention and Combating of Corrupt Activities Act, 2004 (Act 12 of 2004) defines corruption as; any person who gives or accepts or offers to give or accept any gratification amounting to an unauthorised or improper inducement to act or not to act in a particular manner using is guilty of an offence. |
Common law offences under Section 34 of the Prevention and Combating of Corrupt Activities
Theft: |
It consists of the unlawful appropriation of moveable corporeal property belonging to another with intent to deprive the owner permanently of the property. |
Fraud: |
It is the unlawful and intentional making of a misrepresentation which causes actual prejudice or which is potentially prejudicial to another. |
Extortion: |
It consists of taking from another some patrimonial or non-patrimonial advantage by intentionally and unlawfully subjecting that person to pressure which induces him or her to submit to the taking. |
Forgery: |
Forgery consists of unlawfully and intentionally making a false document to the actual or potential prejudice of another. |
Uttering of forged document: |
Uttering consists of unlawfully and intentionally passing off a false document (forged) to the actual or potential prejudice of another; |
These offences must involve anamount of R100,000.00 or more.