Legislative Anti-Corruption Reference: South Africa

As reference for AAF’s readership, below is a summary of the anti-corruption / anti-bribery / anti-fraud laws enacted in (or, in the case of international treaties, ratified by) the Republic of South Africa:

  1. – The Public Service Act, 1994 (Proclamation No. 103 of 1994)
  2. – The Public Protector Act, 1994 (Act No. 23 of 1994)
  3. – The Intelligence Services Control Act, 1994 (Act No. 40 of 1994)
  4. – The Special Investigating Units and Special Tribunals Act, 1996 (Act No. 74 of 1996)
  5. – The International Cooperation in Criminal Matters Act, 1996 (Act No. 75 of 1996)
  6. – The National Prosecuting Authority Act, 1998 (Act No. 32 of 1998)
  7. – The Criminal Law Amendment Act, 1997 (Act No. 105 of 1997)
  8. – The Executive Members Ethics Act, 1998 (Act No. 82 of 1998)
  9. – The Witness Protection Act, 1998 (Act No. 112 of 1998)
  10. – The Prevention of Organised Crime Act, 1998 (Act No. 121 of 1998)
  11. – The Public Finance Management Act, 1999 (Act No.1 of 1999) and the Municipal Finance Management Act, 2003 (Act No. 56 of 2003)
  12. – The Promotion of Access to Information Act, 2000 (Act No. 2 of 2000)
  13. – The Protected Disclosure Act, 2000 (Act No. 26 of 2000)
  14. – The Financial Intelligence Centre Act, 2001 (Act No. 28 of 2001)
  15. – The Prevention and Combating of Corrupt Activities Act, 2004 (Act No. 12 of 2004)
  16. – The Income Tax Act, 1962 (Act No 58 of 1962)
  17. – The United Nations Convention against Corruption (UNCAC), including mutual legal and evidentiary assistance, and asset-recovery
  18. – The Southern African Development Community (SADC) Protocol against Corruption, a sub-regional anti-corruption treaty
  19. – The Organisation for Economic Co-operation and Development (OECD) Convention on Combating Bribery of Foreign Officials in International Business Transactions
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Perceived Corruption Hampers Asian Investment in Kenya

 

Chinese Investors See East African Corruption As Hurdle to further Investments

Welcome to 2015, AAF readers.  Our editors and staff are looking forward to a great New Year of providing you with news and insights into anti-corruption and fraud-prevention on the African continent.

Our first story of the year hails from East Africa, when CNBCafrica‘s Elayne Wangalwa reports on the dampening effect of Asian investment into the Kenyan economy due to the high degree of perceived corruption in the state.

In her article, Wangalwa writes that the primary alleged culprits are the Nairobi City Council and the Kenya Revenue Authority.  These figures are based on statistics resulting from a Business Perceptions Index (BPI) survey requested by the Sino-Africa Centre of Excellence Foundation.  The study surveyed approximately 400 Chinese state and privately-owned firms active in East Africa (75 in Kenya).

Interestingly, the foreign investors were partially at fault when the bribery-allegation triggers occurred: “Most of [the Asian companies] were asked for bribery when the officials found misconduct in their business practices, like the absence of some business certificate display,” according to the survey, resulting in the BPI suggestion that “Chinese companies learn more about Kenyan laws and regulations.”

According to CNBCafrica, the Chinese presence has been augmented significantly since the last visit of Chinese Premier Li Keqiang to the country in 2014, with the number of Chinese expatriates in Kenya more than doubling.