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Table of Contents
Prevention and Combating of Corrupt Activities Act, 2004 (Act No. 12 of 2004)
Notice No. 559 of 2004
Act
Preamble
Chapter 1 : Definitions and Interpretation
1. Definitions
2. Interpretation
Chapter 2 : Offences in respect of corrupt activities
Part 1 : General offence of corruption
3. General offence of corruption
Part 2 : Offences in respect of corrupt activities relating to specific persons
4. Offences in respect of corrupt activities relating to public officers
5. Offences in respect of corrupt activities relating to foreign public officials
6. Offences in respect of corrupt activities relating to agents
7. Offences in respect of corrupt activities relating to members of legislative authority
8. Offences in respect of corrupt activities relating to judicial officers
9. Offences in respect of corrupt activities relating to members of prosecuting authority
Part 3 : Offences in respect of corrupt activities relating to receiving or offering of authorised gratification
10. Offences of receiving or offering of unauthorised gratification by or to party to an employment relationship
Part 4 : Offences in respect of corrupt activities relating to specific matters
11. Offences in respect of corrupt activities relating to witnesses and evidential material during certain proceedings
12. Offences in respect of corrupt activities relating to contracts
13. Offences in respect of corrupt activities relating to procuring and withdrawal of tenders
14. Offences in respect of corrupt activities relating to auctions
15. Offences in respect of corrupt activities relating to sporting events
16. Offences in respect of corrupt activities relating to gambling games or games of chance
Part 5 : Miscellaneous offences relating to possible conflict of interest and other unacceptable conduct
17. Offence relating to acquisition of private interest in contract, agreement or investment of public body
18. Offences of unacceptable conduct relating to witnesses
19. Intentional interference with, hindering or obstruction of investigation of offence
Part 6 : Other offences relating to corrupt activities
20. Accessory to or after offence
21. Attempt, conspiracy and inducing another person to commit offence
Chapter 3 : Investigations regarding possession of property relating to corrupt activities
22. Investigation regarding property relating to corrupt activities
23. Application for, and issuing of investigation direction in respect of possession of property disproportionate to a person’s present or past known sources of income or assets
Chapter 4 : Presumptions and Defences
24. Presumptions
25. Defences
Chapter 5 : Penalties and related matters
26. Penalties
27. Authorisation by National Director, Deputy National Director or Director to institute proceedings in respect of certain offences
28. Endorsement of Register
Chapter 6 : Register for tender defaulters
29. Establishment of Register
30. Designation of Registrar
31. Powers, duties and functions of Registrar
32. Access to Register
33. Regulations pertaining to Register
Chapter 7 : Miscellaneous matters
34. Duty to report corrupt transactions
34A. Failure by members of private sector or incorporated state-owned entities to prevent corrupt activities
35. Extraterritorial jurisdiction
36. Repeal and amendment of laws and transitional provisions
37. Short title and commencement
Schedule
Laws repealed or amended by Section 36
Regulations
Regulations regarding the Register for Tender Defaulters
Notice No. R. 194 of 2005
1. Information to be entered into Register
2. Notice of entry into Register
3. Period for which information must be retained in the Register
4. Format of Register
5. Access to Register
6. Safe-keeping and disposal of records
Regulations under Section 43(3) of the Prevention and Combating of Trafficking in Persons Act (Act No. 7 of 2013)
Notice No. R. 1006 of 2015
Part 1 (Regulations)
1. Definitions
2. Assessment of a child suspected of being a victim of trafficking
3. Assessment of whether an adult person is a victim of trafficking
4. Letter of recognition to be issued to an adult person who has been found to be a victim of trafficking
5. Withdrawal of letter of recognition
6. Appeals against decision of provincial head
7. Application for condonation for late appeal
8. Referral of illegal foreigner to Department of Home Affairs
9. Application for accreditation of organisation to provide services to adult victims of trafficking
10. Arrangements prior to closure of or withdrawal of services by accredited organisation
11. Removal of accredited organisation
12. Admission of victim of trafficking to accredited organisation
13. Financial assistance to accredited organisations
14. Developmental quality assurance process in respect of each accredited organisation
15. Norms and minimum standards for accredited organisations
16. The manner in which information on victims of trafficking must be collected
17. Plan to address needs of victim of trafficking
18. Return of adult victim of trafficking within Republic
Part 2 (Forms)
Form 1 : Reporting of Child Suspected to be a Victim of Trafficking
Form 2 : Notification of Placing Victim of Trafficking at an Accredited Organisation or in Temporary Safe Care
Form 3 : Assessment whether Adult Person is a Victim of Trafficking
Form 4 : Letter of Recognition as a Victim of Trafficking
Form 5 : Appeal to the MEC against decision of the Provincial Head of Social Development
Form 6 : Application for condonation for late lodging of appeal
Form 7 : Application for Accreditation of Organization to provide services to Adult Victims of Trafficking
Form 8 : Certificate of Accreditation of Organisation
Form 9 : Granting Certificate of Accreditation, Accreditation to provide Temporary Safe Care, Reinstatement of Accreditation or Renewal of Accreditation
Form 10 : Notice of Accredited Organisation's intention to withdraw or terminate services to Victims of Trafficking
Form 11 : Acknowledgement of Receipt of Notification of an Accredited Organisation's intention to withdraw or terminate the Provision of Services to Victims of Human Trafficking
Form 12 : Collection of Information on Victims of Trafficking
Form 13 : Assessment of the needs of a Suspected Victim of Trafficking
Form 14 : Referral of Illegal Foreign National to Department of Home Affairs
Annexure A : Norms and Minimum Standards for Accredited Organizations that Accommodate Victims of Trafficking
1. Introduction
2. Victims have the following rights according to the Victims' Charter
3. Requirements: Service providers have a duty to ensure that they meet all the requirements of the Act to render services to adult victims of trafficking
4. Norms, Standards, Outcomes and Programme Practices
Notices
Directions by the National Head of the Directorate for Priority Crime Investigation (DPCI) within the South African Police Service
Notice No. 1028 of 2012
Annexures
Annexure A : Taking Down of Report
Annexure B : Acknowledgement of Receipt
Schedule
Purchase
Laws repealed or amended by Section 36
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