The Prevention and Combating of Corrupt Activities Act (PCCA) is the primary law governing the Anti Bribery and Corruption prevention management and enforcement in South Africa and for companies doing business in South Africa. This is a summary or short explanation of why it is important, who it affects, what the timeline is, links to related information and what action should be taken.
Why do we need Anti Bribery and Corruption Laws
Corruption means that a few get rich and the vast majority get poorer. Corruption excludes people from economic opportunity and reduces economic growth. This is why we are very anti bribery and corruption, and why we help corporates put a stop to it.
Corruption disempowers people
In all organisations, the governing bodies must govern in a way that stops corruption, manage the risks to the organisation associated with it, and comply with all applicable laws, rules, codes and standards. This has been reinforced in light of numerous recent local and international incidents. South Africa’s participation as a signatory to the OECD’s Code on Anti-Bribery & Corruption and the implementation of the Prevention and Combating of Corrupt Activities Act (PCCA) and various other pieces of legislation, require positive steps to be taken to prevent and act against bribery & corruption.
What is corruption?
The Prevention and Combating of Corrupt Activities Act defines corruption as being:
“Any person who directly or indirectly, accepts or gives or agrees or offers to accept or give, any form of gratification from any other person, whether for the benefit of themselves or for the benefit of another person in order to act personally or by influencing another person to act, in a manner that amounts to the illegal,
- misuse or selling of information or material acquired in the course of the exercise,
- carrying out or performance, of any powers duties or functions that amounts to the abuse of a position of authority a breach of trust; or the violation of a legal duty or a set of rules;
that is designed to achieve an unjustified result; or any other unauthorised or improper inducement to do or not to do anything.”
Who is impacted by the Prevention and Combating of Corrupt Activities Act?
All natural and juristic persons in South Africa as well as South Africans operating outside of the country. The following specific activities regarding identified functions and roles where corrupt activities could impact are also highlighted in the PCCA:
- public officers,
- foreign public officials,
- members of legislative authorities,
- judicial officers;
- parties to an employment relationship
- witnesses and evidential material in certain proceedings
- procuring and withdrawal of tenders
- sporting events
- gambling games or games of chance
- Offences related to possible conflict of interest
The Prevention and Combating of Corrupt Activities Act 12 of 2004 commenced operation in South Africa in April 2004. However, this Act served to reflect and co-ordinate relevant previous legislation and international conventions, and forms the central point of the overall ABC legal framework in South Africa.
Actions you can Take now
- Download a copy of the PCCA and read it.
- Raise your awareness by attending a workshop.
- Arrange for your own private in-house workshop.
- Join the Michalsons ABC Compliance Program.
- Subscribe to our newsletter to stay up-to- date with the latest developments.
- Enquire about how we can help with your specific requirement and we’ll give you a fixed price quote.