Tag: AntiCorruption

South Africa has been fighting corruption with legislation that, frankly, lacked teeth. The Prevention and Combating of Corrupt Activities Act 12 of 2004 (PRECCA) has long been the cornerstone of the country's anti-corruption framework - criminalising bribery, fraud and a broad range of corrupt conduct in both the public and private sectors. The law was there. The convictions, historically, were not. That is rapidly changing.

Can a business claim a tax deduction for money it pays as a bribe or kickback? Under section 23(o) of the Income Tax Act, the answer is no. Kickbacks are not tax deductible. The provision was introduced in 2005 to support South Africa’s anti-corruption efforts. It denies a tax deduction for any payment that amounts to corrupt activity under our main anti-corruption statute, the Prevention and Combating of Corrupt Activities Act 12 of 2004 (the PCCAA).

Weak accountability, limited skills, and slow consequence management continue to undermine procurement reform. Despite years of regulatory efforts, irregular expenditure and procurement failures persist. These issues have eroded governance and public trust in South Africa.