Specialist Fields

Anti-Bribery & Corruption Law

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We assist businesses in all areas of Anti-Bribery & Anti-Corruption Law

Anti-Bribery and Corruption Law involves the combating of bribery and corruption in the public and private sectors.

Our experienced team is available to prepare, review and/or implement ABAC policies and procedures in compliance with local and most international laws, perform or provide guidance for due diligence inquiries on vendors, and assist in training staff to work towards achieving accepted business governance ideals.

A mere suspicion of bribery or corruption could see an organisation’s contracts terminated and potential new business lost. A comprehensive compliance programme will ensure that Anti-Bribery & Corruption Law risks are at the forefront of your employees’ engagements.

- Louella Tindale, Caveat Panel Member

caveat legal panel attorney louella t

Anti-bribery & Corruption

Anti-Bribery and Corruption Law covers breaches in both the public and private sectors.

What we are seeing these days – is that most organisations’ have policies that dictate that they cannot do business with anyone implicated in bribery and corruption. It is fast becoming common practice to run background checks including media screenings on potential new vendors and their directors to ensure clean records. A simple allegation of bribery could see your organisation being discounted at RFP stage. 

From a global perspective, certain foreign bribery and corruption laws including those of the US and UK have extraterritorial scope. What this effectively means – is that global organisations with operations in the US or UK could be prosecuted under those laws for bribery and corruption offences committed by another group company located in South Africa for example.

Comprehensive and workable bribery and corruption policies and procedures are therefore no longer a nice to have, but rather an imperative.

Caveat can assist in designing anti-bribery and corruption compliance procedures and policies to suit your specific business that will align with both local and most international laws. We will guide you through the development of due diligence procedures that should be conducted on third parties that you engage with and will assist in training your staff to work towards both demonstrating and achieving compliance.


Frequently asked questions on Administrative Law

The key laws making up the bribery and corruption legal framework in South Africa include:

  • Prevention and Combating of Corrupt Activities Act, 2004;
  • Financial Intelligence Centre Act, 2001;
  • Prevention of Organised Crime Act, 1998;
  • Protected Disclosures Act, 2000; and
  • Protection of Constitutional Democracy Against Terrorist and Related Activities Act, 2004.

No, it’s not a legal requirement, however it is key in mitigating risks.

  • The organisation lacks skill or experience to perform the services it is tendering for;
  • The organisation starts requesting payment on an urgent basis, or upfront payment;
  • Generally secretive behaviour such as a person wanting to keep his/her involvement a secret or tries to share obviously confidential information; or
  • Requests for payments into multiple bank accounts or offshore bank accounts.

Our law does not specifically define a bribe but it can be more than an exchange of cash and can include a gift or a kick-back. A bribe effectively secures an improper advantage or rewards improper conduct.

Fines and imprisonment are possible consequences of giving or taking a bribe, and there is no monetary cap. The maximum sentence is life imprisonment.

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