n South African Journal of Criminal Justice - The South African corruption law and bribery of foreign public officials in international business transactions : a comparative analysis

Volume 18, Issue 1
  • ISSN : 1011-8527
  • E-ISSN: 1996-2118



The Prevention and Combating of Corrupt Activities Act of 2004 (PCCAA) is South Africa's fi rst comprehensive anti-corruption legislation. The PCCAA was born of South Africa's desire to 'provide anew for the prevention of corruption and related offences' by replacing the Corruption Act of 1992. The PCCAA contains far-reaching and interrelated provisions that signal the commitment and the intention of the government of South Africa to unbundle corruption by defi ning and prohibiting various actions and corrupt practices. For the fi rst time, through s 5 of the PCCAA, South Africa follows international trends by extending its national law to address bribery of foreign public offi cials by its nationals. <br>The focal point of the discussion in this article is s 5 of the PCCAA and related provisions concerned with bribery of foreign public offi cials in international business transactions. Potential ramifi cations and shortcomings of s 5 are highlighted. The conclusion reached is that the PCCAA is South Africa's most important anti-corruption legislation to date, which is expected to translate into tangible form efforts and developments in the prevention and combating of corrupt activities.

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