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PROJECT: BRIBERY AND THE LAW (PART 2)

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Corruption and bribery include the practice of tendering or accepting a private advantage to perform a duty.


It can also be described as the abuse of entrusted power for private benefit and basically entails performing an official duty or not doing so for some sort of gratification or gain.


The gratification can include but is not limited to money, donations, gifts, avoidance of loss or liability, and any other valuable consideration or benefit of any kind.


Please read our initial project for more information and context on our Facebook page or website.

 

BRIBES WITH REGARDS TO TRAFFIC ENFORCEMENT:

  • Bribes are demanded in situations where road users have committed an offence of speeding, overloading a vehicle, driving without a valid driver’s license, or driving an unlicensed vehicle or unroadworthy vehicle.

  • Bribery may be used to escape a fine.

  • Many road users would rather pay a traffic officer bribe than a hefty fine.

  • Bribery can also be used for licensing irregularities, driver testing and false road-worthy certificates.


The Criminal Procedure Act 51 of 1977 governs all procedures and related matters in criminal proceedings.


  • The Prevention and Combatting of Corrupt Activities Act 12 of 2004 deals with people who are convicted of corrupt activities. (Anti-Corruption Law).

  • Depending on the nature of the corrupt conduct, a court may impose a fine or a maximum sentence of life imprisonment if convicted and sentenced by a High Court.


 

SENTENCES:

Actual Sentences in South African Courts for Bribing Traffic Officers:

  • The Mokopane Magistrates Court convicted a traffic officer on the 2nd of October 2023 on a charge of accepting a bribe of R200.00 and sentenced him to 3 years direct imprisonment without an option of a fine.

  • The Atteridge Regional Court convicted a taxi driver on the 25th of March 2019 for bribing a traffic officer with R200.00 and was sentenced to 6 months imprisonment or a fine of R3,000.00.

  • A traffic officer who solicited a bribe of R200.00 was sentenced to a fine of R10,000.00 in September 2020.

  • This fine was payable in 10 instalments of R1,000.00.

  • After the National Prosecuting Authority appealed to the Kimberley High Court, the Judge increased the fine to R60,000.00.

  • Ermelo Regional Court sentenced a Mpumalanga traffic officer to 12 months imprisonment or a fine of R4,000.00 for accepting a bribe of R200.00.


 

Fraud or corruption in the public service should be reported as it undermines the integrity of all public servants.

You do not have to give your name when reporting fraud or corruption using:


NATIONAL ANTI-CORRUPTION HOTLINE:

0800 701 701 / 0861 400 800  (toll-free numbers)


NATIONAL ROAD TRAFFIC ANTI-CORRUPTION EMAIL:


SMS:

39772


 
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Regards,

Mike Bolhuis

Specialist Investigators into

Serious Violent, Serious Economic Crimes & Serious Cybercrimes

PSIRA Reg. 1590364/421949

Mobile: +27 82 447 6116

Fax: 086 585 4924

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Mike Bolhuis Specialised Security Services

PO Box 15075 Lynn East

Pretoria, Gauteng 0039

South Africa

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