SECTION 34 OF THE PREVENTION AND COMBATING OF CORRUPT ACTIVITIES

Monday, September 01, 2008
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Most people from various organisations and members of general public in various parts of South Africa have through seminars held by the White Collar Crime Team, become familiar with the contents and provisions of section 34 of PACCA. However, for the purposes of this article and in an endeavour to alert the persons in positions of authority of the duty imposed on them by the law, it is therefore, worth mentioning once more the contents of this section.
Section 34 reads as follows: (1) Any person who holds a position of authority and who knows or ought reasonably to have known or suspected that any other person has committed-

(a)an offence under Part 1, 2, 3 or 4 or section 20 or 21 ( in so far as it relates to the aforementioned offences) of Chapter 2; or
(b)the offence of theft, fraud, extortion, forgery or uttering a forged document, involving an amount of R 100 000 or more, must report such knowledge or suspicion to be reported to any police official.

Offences referred to under Part 1, 2 , 3 and 4 are general offence of corruption offences such as corrupt activities relating to public officials, foreign public officials ( Part 2), offences of receiving or offering of unauthorised gratificat