Definition Of Bribery In South African Law

Offering bribes to public officials is more common than many would wish to believe with such incidences being incredibly common in some countries.

Definition of bribery in south african law. In the definition of van der walt et al. In part two we take a closer look at the leading domestic legislation on corruption the prevention and combating of corrupt activities act 12 of 2004 precca. To bribe someone typically means to gain some sort of favor through illegal payments of money or other inducements. The receiving or offering any undue reward by or to any person whomsoever whose ordinary profession or business relates to the administration of public justice in order to influence his behaviour in office and to incline him to act contrary to his duty and the known rules of honesty and integrity.

1 2 definition of bribery the concept of bribery in south africa is referred to as corruption and is a crime that may be committed by both public officials and private individuals as well as both public and private entities. South africa is one of the few countries in the world in which the substantive criminal law has not been set out in a single act or code. A crime is conduct which common or statute law prohibits and expressly or impliedly subjects to punishment remissible by the state alone and which the offender cannot avoid by his own act once he has been convicted. A civil law system inherited from the dutch a common law system inherited from the british and a customary law system inherited from indigenous africans often termed african customary law of which there are many variations depending on the tribal origin.

The state has a duty to respect protect promote and fulfil the rights in the bill of rights. Bribery is mostly prevalent among the third world countries due to many reasons. In part one we looked briefly at the four main regional and international conventions that inform some of south africa s pieces of anti corruption legislation. South africa overview of the law and enforcement regime the most important sources of criminal law in south africa are legislation common law and case law.

South africa has a hybrid or mixed legal system formed by the interweaving of a number of distinct legal traditions. Precca was written. The fight against bribery in africa 4 navigating bribery risks 4 the business case against bribery 5 raising awareness of the law among employees 7 the primary legal sources from which anti bribery preventive and compliance measures originate and why it is important for employees to be aware of both domestic and international law. Definition of bribery the concept of bribery in south africa is referred to as corruption and is a crime that may be committed by both public officials and private individuals as well as both public and private entities.