The Glencore Case: Plea deal shows increased global use of Non-Trial Resolutions in cases of corruption and bribery

By Tyla Lee Coertzen Glencore International A.G (“Glencore”) and Glencore Ltd, major producers and marketers of commodities relating to mining and oil, have recently pleaded guilty to various allegations of bribery and corrupt activities in various jurisdictions. On 24 May 2022, the entities announced their resolutions concluded with authorities in the United States, the United … Continue reading The Glencore Case: Plea deal shows increased global use of Non-Trial Resolutions in cases of corruption and bribery

Corruption and Private Prosecutions in South Africa

By Chris Clifton, Jemma Muller and Tyla Lee Coertzen The recent reports by the Judicial Commission of Inquiry into Allegations of State Capture Report ("JCI Report”) and the investigation by the Special Investigating Unit into Covid-19-related procurement by State institutions (“SIU Report”) have implicated numerous parties, across both the private and public sphere, in allegations … Continue reading Corruption and Private Prosecutions in South Africa

Mauritius relieved from the European Union and FATF AML/CTF shackles

Nicola Taljaard & Joshua Eveleigh On the 22nd of December 2021 at the meeting of the European Commission College of Commissioners, a gathering was held for purposes of updating the European Commission’s anti-money laundering/combating terrorism financing list. At this meeting it was decided that, inter alia, Mauritius would be removed from the list of Third … Continue reading Mauritius relieved from the European Union and FATF AML/CTF shackles

South Africa: State Capture Report

Gina Lodolo and Nicola Taljaard On the 4 January 2022, Acting Chief Justice Raymond Zondo (“Zondo”) handed over Part 1 of the Judicial Commission of Inquiry (“Commission”) into State Capture[1] to President Cyril Ramaphosa, which was the first of three parts and contained the initial glimpse into the long-awaited results of his Inquiry into State … Continue reading South Africa: State Capture Report

The 2021 OECD Recommendation Influences South African National Prosecuting Authority to Consider Non-Trial Resolutions in Corruption Cases

By Michael-James Currie and Tyla Lee Coertzen The South African National Prosecuting Authority (“NPA”) recently confirmed that intends developing and implementing a policy for non-trial resolutions (“NTR”) particularly in matters involving foreign bribery and corruption. This follows a very important recommendation by the OECD titled the “2021 OECD Anti-Bribery Recommendation” (the “OECD Recommendation”). The NPA … Continue reading The 2021 OECD Recommendation Influences South African National Prosecuting Authority to Consider Non-Trial Resolutions in Corruption Cases

Cryptocurrency and Asset Recovery in South Africa

By Michael-James Currie and Jemma Muller It is well established that the use of cryptocurrency poses significant legal and regulatory challenges with regards to asset recovery. South Africa is no exception, as is evidenced by the recent scams involving Mirror Trading International and Africrypt. Cryptocurrencies are by nature designed to preclude regulatory control. Ownership is … Continue reading Cryptocurrency and Asset Recovery in South Africa

Special Tribunal orders former Transnet Executive to pay back R26.4m in secret profits, more predicted to follow

By Nicola Taljaard and Joshua Eveleigh On 31 of August 2021, Former Transnet Executive Linyenga Herbert Msagala (“Msagala”) was ordered to repay the amount of R26.4 million in ill-gained funds to his former employer after being found guilty of disgorging secret profits whilst managing Transnet Capital Projects. On this day, the Special Tribunal (“Tribunal”) reported … Continue reading Special Tribunal orders former Transnet Executive to pay back R26.4m in secret profits, more predicted to follow

South African Constitutional Court Sentences Former President Jacob Zuma to 15 months in Prison Effective Immediately

By Jemma Muller On 29 June 2021, the Constitutional Court of South Africa (“CC”) handed down a precedent setting judgment in which it sentenced the former President of South Africa, Mr Jacob Zuma (“Zuma”) to 15 months imprisonment after finding Zuma guilty of contempt of court which was both “extraordinary and unprecedented in respect of … Continue reading South African Constitutional Court Sentences Former President Jacob Zuma to 15 months in Prison Effective Immediately

Thursday webinar: Calling Out COVID Corruption & Why We Need Whistleblower Regimes

“Calling Out COVID Corruption: Why the pandemic requires robust Whistleblower regimes to combat corruption – lessons from abroad” Primerio Ltd. and Constantine Cannon LLP are pleased to invite you to what promises to be a lively & informative seminar on whistle-blowing, corruption, and lessons learned from the pandemic. REGISTER HERE FOR FREE: https://lnkd.in/dW_FjY8 With Panelists Zanele … Continue reading Thursday webinar: Calling Out COVID Corruption & Why We Need Whistleblower Regimes

South Africa: New Cyber Crimes Legislation

By Michael-James Currie and Camilla Warring The new Cybercrimes Bill (B 6B – 2017) has been the subject of much debate. It has been passed by the National Council of Provinces and now awaits assent by President Ramaphosa. If it passes into law it will create a number of new crimes, including the crime of … Continue reading South Africa: New Cyber Crimes Legislation