PRECCA Amendment Bill 2026

Posted 05 May 2026 Written by Acts Online
Category Justice

Brought to you by SA Accounting Academy: The draft Prevention and Combating of Corrupt Activities Amendment Bill, 2026 proposes to insert a new section 34A into the Prevention and Combating of Corrupt Activities Act, No. 12 of 2004 (PRECCA), introducing a strict liability offence for public and private entities that fail to prevent corrupt activities by their associates.

Currently, section 34 of the Prevention and Combating of Corrupt Activities Act, No. 12 of 2004 makes it obligatory for any person who holds a position of authority in a public or private company to report knowledge or suspicion of corruption, theft, or fraud to the South African Police Service if the value of the incident exceeds ZAR 100,000. Under the proposed amendment, a new corporate offence is established under section 34A, holding companies criminally liable if they fail to prevent “associates” from engaging in corrupt activities.

The proposed section 34A aligns South African anti-corruption legislation with international best practice by creating a strict liability framework. An entity can defend itself against prosecution only by proving that it had “adequate procedures” in place designed to prevent such corrupt conduct by its employees, agents, or other associates.

The explanatory summary of the Bill was published in accordance with Rule 276(1)(c) of the Rules of the National Assembly under Government Gazette No. 54319, General Notice 3821. The public comment period on the draft Bill closed on 12 April 2026. As of the current date, the Bill has not yet been passed into law.

Click here to download the Gazetted Notice of Intent (GG 54319, Notice 3821).

Click here to download the PRECCA Amendment Bill, 2026 Draft Text.

What this means for you, your business, or your clients

  • For yourself: No direct individual compliance obligations under the proposed section 34A; however, professionals must familiarize themselves with the statutory definition of “associates” to provide accurate risk advisory services.
  • For your business: Your firm must proactively design, implement, and monitor robust anti-bribery and anti-corruption (ABAC) compliance frameworks and “adequate procedures” to mitigate the risk of strict corporate liability.
  • For your clients: Clients must immediately review their third-party contracts, conduct thorough due diligence on all business partners, agents, and intermediaries, and establish internal reporting mechanisms to prevent corrupt acts by associates.

Originally published at https://accountingacademy.co.za/news/read/precca-amendment-bill-2026

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