Ethics, conduct and integrity policies · 03
Anti-bribery and anti-corruption policy
Prohibits improper payments and, just as importantly, creates the duty to report them.
Prohibits improper payments and, just as importantly, creates the duty to report them.
Prohibit bribery in both directions, including through agents and intermediaries; address facilitation payments expressly; require due diligence on intermediaries and a contractual anti-bribery undertaking; govern political and charitable donations; and set out the internal reporting route and the statutory reporting duty.
Section 34 of the Prevention and Combating of Corrupt Activities Act places a personal duty on a person in a position of authority to report certain corrupt activities above the prescribed amount to a police official; that duty sits on the individual, not on the organisation, and a policy that does not say so leaves its executives exposed. Facilitation payments are not lawful in South Africa; a policy that treats them as a grey area is a policy that has been copied from another jurisdiction.
The law it sits under
What governs this instrument.
The Prevention and Combating of Corrupt Activities Act 12 of 2004 creates the general offence of corruption and a series of specific offences, and section 34 imposes the reporting duty on persons in positions of authority. A policy that does not name who holds that duty in this organisation leaves it unallocated, and it does not go away for being unallocated.
Related pages, tools and documents
Where this instrument sits in the wider set, and the engagement that produces it.
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