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

Chapter 2 : Offences in respect of corrupt activities

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

9. Offences in respect of corrupt activities relating to members of prosecuting authority

 

(1) Any—
(a) member of the prosecuting authority 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;
(b) person who, directly or indirectly, gives or agrees or offer to give any gratification to a member of the prosecuting authority, whether for the benefit of that member 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—
(aa) illegal, dishonest, unauthorised, incomplete, or biased; or
(bb) 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 members of the prosecuting authority.

 

(2) Without derogating from the generality of section 2(4), "to act" in subsection (1) includes—
(a) performing or not adequately performing a function relating to the—
(i) institution or conducting of criminal proceedings;
(ii) carrying out of any necessary functions incidental to the institution or conducting of such criminal proceedings; or
(iii) continuation or discontinuation of criminal proceedings;
(b) delaying, hindering or preventing the performance of a prosecutorial function;
(c) aiding or assisting any particular person in the performance of a function relating to the institution or conducting of criminal proceedings;

(d)        showing any favour or disfavour to any person in the performance of a function relating to the institution or conducting of criminal proceedings; or

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