That the government has made the passing of this legislation a priority is to be welcomed.

A draft Prevention of Corruption Bill is currently with the parliamentary portfolio committee on justice and constitutional development. The Bill, when it becomes law, will be a positive step in rooting out corruption in all spheres of South African life. The legislation seeks to replace the Prevention of Corruption Act of 1992. Since its enactment various submissions have been made for amendments to the Act. Instead of effecting several amendments, the government has decided to review the legislation entirely. An attempt has been made to define specific corrupt actions and corrupt practices. It seeks to follow international practice by defining specific corrupt actions and practices in an omnibus Act that deals with corruption in all its forms.

Who and what will the legislation seek to cover, however? The Bill makes it an offence for a public officer or any person to "corruptly accept or agree to accept any undue gratification as an inducement to or reward for doing something in the performance of his/her duties". A public officer is defined as anyone who is a public servant, an MP or member of a provincial legislature or municipal council, a member of the national or provincial executive authority or the local government, a member of the judicial authority or prosecuting authority or anyone who receives any remuneration from public funds. "Undue gratification" could include receipt of money, loans, a gift, avoidance of punishment, receipt of an office, employment, release from a debt or any other service or advantage.

In addition, any valuable consideration or benefit of any kind, discount, commission, rebate or bonus will be considered undue gratification. The category is very broad and encompasses a range of benefits which may not be accepted. A person convicted of such an offence is liable to a fine or to imprisonment for a period not exceeding 15 years or to both a fine and imprisonment. While it is an offence to receive the undue gratification it is also an offence to agree to provide such undue gratification to a public officer or any person.

The legislation goes on to state that using an agent to accept, or give any undue gratification will also be considered an offence. An agent includes anyone acting for another or employed by another. Examples cited in the draft legislation are, for instance, a trustee of an insolvent estate, the executor of a deceased estate or a liquidator of a company. The penalty for such an offence is a maximum of 15 years’’ imprisonment.

Tender procedures also come under scrutiny and corrupt practices relating to tenders will be an offence also carrying a maximum penalty of 15 years’ imprisonment. This applies particularly to the public service, public bodies and private organisations. Bribery is included - it will be an offence to bribe public officers and to attempt to influence the testimony of witnesses - whether in a trial, a hearing or a proceeding before a court, a judicial officer or a commission. Likewise it is an offence to accept or agree to accept such undue gratification. The maximum penalty is 10 years’’ imprisonment. Bribery of foreign officials and bribery in relation to auctions will also be covered by the legislation. A consequence of the Hansie Cronje cricketing saga is that the definition of corruption will be extended to combat corrupt practices, such as match-fixing, in sporting events.

There will no doubt be considerable debate about this legislation - although the Department of Public Service and Administration, the Department of Finance and all the directors of public prosecutions have been consulted about it. Civil society and other interested parties will have an opportunity to make their views heard when Parliament convenes hearings. The legislation is an important and positive step towards creating a culture of transparency, openness and accountability in South Africa. The effective implementation of the law will be equally important.

Judith February is a governance researcher at the political information and monitoring service of the Institute for Democracy in South Africa

With acknowledgements to Judith February and Mail & Guardian.