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From Baksheesh to BriberyUnderstanding the Global Fight Against Corruption and Graft$
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T. Markus Funk and Andrew S. Boutros

Print publication date: 2019

Print ISBN-13: 9780190232399

Published to Oxford Scholarship Online: May 2019

DOI: 10.1093/oso/9780190232399.001.0001

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South Africa

South Africa

14 South Africa
From Baksheesh to Bribery

Andrew Boutros

Oxford University Press

The South African legal regime recognizes the role of international law and treaties, and much of South Africa’s anti-corruption legislation has been enacted to give effect to various international conventions and treaties. Accordingly, this chapter will discuss and detail the material developments in respect of bribery and anti-corruption legislation and further consider the interplay between applicable South African legislation and international conventions. This chapter will further, inter alia, cover legal issues relating to certain presumptions applicable to statutory offenses, the nature of what is referred to as “facilitation payments,” how “gifts, gratuities and hospitality” are dealt with in terms of applicable legislation, whistle-blower protection, international cooperation and extradition agreements, and the South African corporate practice regarding the foregoing. Where one is in breach of certain anti-corruption legislation, it should be noted that one may inadvertently also be in breach of South African anti-trust legislation, and these issues will be further considered and detailed herein.

Keywords:   bribery, corruption, facilitation payments, FCPA, OECD, foreign officials, public officials, commercial bribery, gifts and gratuities, whistle-blower

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