NCJ Number
217062
Journal
Acta Criminologica Volume: 19 Issue: 2 Dated: 2006 Pages: 18-26
Date Published
2006
Length
9 pages
Annotation
An assessment is conducted on the strength and weaknesses of South Africa’s, Prevention and Combating of Corrupt Practices Act 12 of 2004.
Abstract
The Prevention and Combating of Corrupt Practices Act 12 of 2004 (PCCAA) deserves approval. On the whole, it is a decisive, effective, and comprehensive tool to combat corruption in South Africa. However, the scope of the offenses is very broad and partially vague; granting judges too much discretion in the course of the application of the Act and making it difficult for citizens to foresee their potential criminal liability. In April of 2004, the PCCAA was initiated with the intent of bolstering South Africa’s fight against corruption. The PCCAA is seen as a sign of increasing awareness of the threat of corruption and aims to implement the obligations of South Africa under the United Nations Convention against Corruption. An evaluation of PCCAA is conducted for two reasons. First, corruption is a complex and serious problem that provides many challenges in respect to the drafting of the criminal law. Second, the PCCAA extends criminal liability so widely that it was even described as a “drastic and draconic deviation from the status quo.” The question is whether the PCCAA manages to distinguish between criminal corruption on the one hand and business practices that are “crafty” or “rough” in nature but not illegal on the other hand. References