The Prevention and Combatting of Corrupt Activities Act (2004) The Prevention and Combatting of Corrupt Activities Act is the key statute on corruption in South Africa. It provides for the general offence of corruption as well as specific offences. It also provides for investigative measures, as well as preventative measures in the fight against corruption.
The offence of corruption under the PRECCA: • In simple terms, corruption is the abuse of power for private gain. In terms of PRECCA, corruption has the following elements: • Someone giving (offering to give) / Someone receiving (or agreeing to receive); • Someone in a position of power; • Gratification5 ; • To use their power illegally or unfairly
In addition to creating the general crime of corruption; PRECCA also criminalises specific corrupt activities: • Offences involving contracts: it is a crime for anyone to accept gratification to influence who gets a contract. • Offences involving a public official: if anyone in the private sector offers a public official any gratification to give them a benefit they will be guilty of corruption.