Prevention and Combating of Corrupt Activities Act, 2004 (Act No. 12 of 2004)

Chapter 2 : Offences in respect of corrupt activities

Purchase

(1)

Any—

(a)	judicial officer who, directly or indirectly, accepts or agrees or offers to accept any gratification from any other person, whether for the benefit of himself or herself or for the benefit of another person; or

(b)	person who, directly or indirectly, gives or agrees or offers to give any gratification to a judicial officer, whether for the benefit of that judicial officer or for the benefit of another person,

in order to act, personally or by influencing another person so to act, in a manner—

(i)	that amounts to the—

(a)	illegal, dishonest, unauthorised, incomplete, or biased; or

(b)	misuse or selling of information or material acquired in the course of the exercise, carrying out or performance of any powers, duties or functions arising out of a constitutional, statutory, contractual or any other legal obligation;

(ii)	that amounts to—

(aa)	the abuse of a position of authority;

(bb)	a breach of trust; or

(cc)	the violation of a legal duty or a set of rules;

(iii)

designed to achieve an unjustified result; or

(iv)	that amounts to any other unauthorised or improper inducement to do or not to do anything,

is guilty of the offence of corrupt activities relating to judicial officers.

(2) Without derogating from the generality of section 2(4), "to act" in subsection (1) includes—

(a)	performing or not adequately performing a judicial function;

(b)	making decisions affecting life, freedoms, rights, duties, obligations and property of persons;

(c)	delaying, hindering or preventing the performance of a judicial function;

(d)	aiding, assisting or favouring any particular person in conducting judicial proceedings or judicial functions;

(e)	showing any favour or disfavour to any person in the performance of a judicial function; or

(f)	exerting any improper influence over the decision making of any person, including another judicial officer or a member of the prosecuting authority, performing his or her official functions.