Anti-Bribery and Corruption Policy
Template — South Africa

An unequivocal statement from the board of directors that the organisation prohibits all forms of bribery and corruption — whether direct or through intermediaries, in both the public and private sectors, regardless of the value or the perceived customs of the jurisdiction. Signed by the CEO and chairperson, reflecting the "tone from the top" that international anti-corruption standards (including the UK Bribery Act guidance) require as the foundation of an effective compliance programme.

Clear definitions aligned with PRECCA's broad definition of "gratification" under section 1, which includes money, gifts, loans, fees, rewards, valuable security, property, employment, contracts, services, favours, and any other advantage. Defines bribery (offering, giving, soliciting, or receiving gratification to improperly influence), corruption, facilitation payments, kickbacks, extortion, and trading in influence as separate but related offences.

Specific monetary thresholds for acceptable gifts (typically R500 per item, R2,000 cumulative per source per annum), mandatory declaration and pre-approval requirements, gift register maintenance, an absolute prohibition on gifts to or from government officials involved in procurement or regulatory decisions, corporate entertainment guidelines with proportionality requirements, and special provisions for festive season gifts and corporate hospitality events. Cross-references the Code of Conduct.

An unequivocal prohibition on facilitation payments — small payments to public officials to expedite routine government actions such as licence processing, customs clearance, or utility connections. Unlike some foreign jurisdictions, PRECCA makes no exception for facilitation payments regardless of value, local custom, or perceived necessity. The section addresses practical scenarios employees may face and provides guidance on refusing demands for facilitation payments, escalation procedures, and documentation requirements.

Rules governing political donations (board approval required, full transparency, prohibition on donations to influence tender outcomes), charitable contributions (due diligence on recipient organisations, verification that funds reach intended beneficiaries, prohibition on charitable donations as disguised bribes), and sponsorships (genuine commercial justification, proportionality, and documentation). Addresses compliance with the Political Party Funding Act 6 of 2018.

Comprehensive framework for vetting agents, consultants, joint venture partners, suppliers, and other third parties who interact with government officials or could engage in corrupt activities on behalf of the organisation. Covers risk-based due diligence procedures, contractual anti-corruption representations and warranties, the right to audit third-party records, immediate termination rights for corruption-related breaches, and ongoing monitoring of high-risk third-party relationships.

Requirements for accurate and transparent recording of all payments and receipts in the company's books and records, prohibition on off-books accounts, slush funds, and unrecorded payments, petty cash controls with segregation of duties, regular internal auditing of high-risk transactions and expense categories, and the annual certification by the CFO that the company's financial records are complete and accurate in relation to anti-corruption compliance.

Multiple reporting channels — line manager, compliance officer, dedicated ethics hotline (anonymous and confidential), online reporting portal, and external reporting to the SAPS where criminal conduct is suspected. Establishes the mandatory duty to report suspected corruption, guaranteed protection for whistleblowers under the Protected Disclosures Act 26 of 2000, the prohibition on retaliation (dismissal for whistleblowing is automatically unfair under the LRA), and the commitment to investigate all reports promptly.

Specific procedures for complying with the mandatory section 34 reporting duty, which requires persons in positions of authority to report corrupt transactions involving R100,000 or more to the SAPS. Identifies who in the organisation bears this duty (directors, senior managers, the compliance officer), establishes the internal escalation process, sets out the timeframe for reporting, and documents the legal consequences of failure to report (imprisonment up to 10 years).

Internal disciplinary consequences ranging from written warnings to summary dismissal depending on the severity of the breach. Addresses the employer's obligation to report criminal conduct to the SAPS, the personal criminal liability of individuals under PRECCA (imprisonment up to life for corruption involving contracts worth R100 million or more), the company's criminal liability for employee corruption, and the potential for civil recovery of losses from the perpetrator.

Mandatory anti-corruption training for all employees with enhanced training for high-risk roles (procurement, government relations, finance, senior management). Annual certification by all employees that they have read, understood, and complied with the policy. Regular risk assessments to identify emerging corruption risks, and annual policy review to address legislative changes, enforcement developments, and lessons learned from internal investigations.

Additional provisions for South African companies with exposure to international anti-bribery legislation — the UK Bribery Act 2010 section 7 (failure to prevent bribery), the US Foreign Corrupt Practices Act (FCPA), and the OECD Anti-Bribery Convention. Addresses the concept of "adequate procedures" under the UK Bribery Act, extraterritorial jurisdiction, and the integration of South African compliance with international anti-corruption standards.