OPINIONISTA: Andile Ramaphosa’s ‘advisory’ work — and whether he could face prosecution for corruption

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OPINIONISTA: Andile Ramaphosa’s ‘advisory’ work — and whether he could face prosecution for corruption
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OPINIONISTA: Andile Ramaphosa’s ‘advisory’ work — and whether he could face prosecution for corruption By Pierre De Vos pierredevos

Corrupt companies who wish to buy influence over strategic politicians can do so by donating money to the political party to whom the targeted politician belongs. Such a company could also pay a bribe directly to the targeted politician — although even in South Africa that would be a pretty stupid thing to do.

The Prevention and Combating of Corrupt Activities Act of 2004 is the comprehensive piece of legislation dealing with corruption which sets out the requirements for proving a case of corruption. The act contains sweeping provisions that — on paper, at least — should make it easier to prosecute private individuals and state officials for either paying or receiving money for a corrupt purpose.

Prevention and Combating of Corrupt Activities Act — have made it easier for the state to prove that either the corruptor or the corruptee had the requisite criminal intent.confirmed that the state would not have to prove direct intention to secure a conviction. The state would have to prove either that the parties knew or that they should have foreseen that the payments would create a corrupt relationship between the parties.

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