By Jannes van der Merwe
Introduction
The Prevention and Combating of Corrupt Activities Amendment Bill, 2026 (the “PRECCA Bill”) marks the latest step in South Africa’s ongoing efforts to combat corruption. While the existing Prevention and Combating of Corrupt Activities Act, 2004 (“PRECCA”) already criminalises a broad range of corrupt conduct, the proposed amendments seek to take the next step forward.
The Bill is a short and succinct move towards stricter penalties for corruption-related offences, with a significant effect. The PRECCA Bill addresses two main points: (i) the introduction of a minimum sentencing for corrupt activities,and (ii) reducing the threshold for the reporting of corrupt activities.
Shifting Away from Maximum Sentences
The Bill proposes the introduction of mandatory minimum sentences for certain corruption offences, linked to the value of the corrupt benefit involved. The objective is to ensure greater consistency in sentencing and to reinforce the seriousness with which corruption is treated by the courts.
With a proposed shift from prescribing a maximum sentenceto prescribing minimum sentencing, the PRECCA Bill proposes the following amendment:
i. High Court: a minimum sentence of 18 years imprisonment up to imprisonment for life;
ii. Regional Court: a minimum sentence of 15 years, not exceeding 18 years; and
iii. Magistrate’s Court: a minimum sentence of 5 years, not exceeding 10 years.
The proposed minimum sentence may only be lessened by a court if the court is satisfied that substantial and compelling circumstances exist that warrant a reduced imprisonment sentence. The Bill also proposes to strengthen sanctions for procurement-related offences, including a substantial increase in the penalties for certain contraventions under section 28 of PRECCA. Offenders may, upon conviction, face fines of up to R500,000, imprisonment for up to five years, or both.
Reporting of Corrupt Activities
Another significant amendment concerns section 34 of the PRECCA Bill. The purpose of the amendment is to:
i. Reduce the reporting threshold of corruption and fraud-related offences to R30,000; and
ii. Introduce the reporting channels to a police official in the Directorate for Priority Crime Investigation (commonly known as the Hawks) referred to in section 17C of the South African Police Services Act.
This amendment imposes a duty on persons in positions of authority to report suspected corruption for any corrupt activity above R30,000 with the aim of increasing the reporting of corrupt activities. By directing reports to South Africa’s specialist anti-corruption investigative unit, the amendment is intended to improve the efficiency and effectiveness of corruption investigations and ensure that serious allegations are dealt with by appropriately trained investigators.
Objectives of the PRECCA Bill
The rationale behind these amendments is clear. Corruption continues to impose significant economic and social costs, undermining investor confidence, distorting competition, eroding public trust and diverting resources away from essential public services. The Bill forms part of a broader response to fighting corruption, which highlights the need for stronger legislative mechanisms to deter corruption and improve accountability across both the public and private sectors.
If enacted, the Bill is likely to have a significant practical impact in both deterring corruption and having organisations reflect inwards on their reporting obligations.
Although the Bill is still progressing through the legislative process and has not yet been enacted, it is a step forward in fighting corruption.
Anti-Fraud & Corruption Law in Africa 