- Title
- The application of the prevention and combating of corrupt activities act
- Creator
- Landman, Johan Abraham
- Subject
- Gqeberha (South Africa)
- Subject
- Eastern Cape (South Africa)
- Subject
- Corrupt practices--South Africa
- Date Issued
- 2021-04
- Date
- 2021-04
- Type
- Master's theses
- Type
- text
- Identifier
- http://hdl.handle.net/10948/51201
- Identifier
- vital:43223
- Description
- The study will address the application of the Prevention and Combatting of Corrupt Activities Act (PCCAA) and the various offences that is created by PCCAA and how the coutls apply PCCAA in corruption cases. This study will compare the crimes that was created under the repealed Corruption Act with the crimes created under PCCAA, lt will further show how the courls interpreted the application of PCCAA. The infamous case of former police commissioner, Jacki Selebi will be discussed and how the Supreme coutl of Appeal applied section 4 of PCCAA. lt will furlher explore why section 5 of PCCAA needs amendment to be able to prosecute foreign public officials under PCCAA. The PCCAA Amendment Bill is currently before parliament to amend section 5 of PCCAA. This study will further explore how corruption is dealt considering hospitality and gifts. This must be the most unnoticed form of bribery that occurs which PCCAA does not specifically clearly addresses. This will shorlly be compared to the German Penal Code. All legislation has strengths and weaknesses, including PCCAA. This study will explore those strengths and weaknesses and how they can be solved. lt will explore loopholes within PCCAA and the strategy of 'unbundling' corruption and its effects. lt has been stressed by the courts that corruption is a very serious crime and therefore the reporting thereof is impoftant. This study will discuss the reporling of corruption in terms of section 34 of PCCAA. This study will fufther show through South African case law that the courls are too lenient when sentencing individuals guilty of corruption and that the minimum sentence needs to be the starting point for sentencing offenders. The courts should not have discretion to deviate from this minimum sentence given how serious the courls express corruption to be and the devastating effects it has.
- Description
- Thesis (LLM) -- Faculty of Law, Criminal and Procedural Law, 2021
- Format
- computer
- Format
- online resource
- Format
- application/pdf
- Format
- 1 online resource (60 leaves)
- Format
- Publisher
- Nelson Mandela University
- Publisher
- Faculty of Law
- Language
- English
- Rights
- Nelson Mandela University
- Rights
- All Rights Reserved
- Rights
- Open Access
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