March 2010

forensics, white collar crime

Recent accolades and appointments
The Bowman Gilfillan Forensic and White Collar Crime area recently received the Corporate Intl Magazine award for “Best Law Firm in South Africa for White Collar legal work 2009”. The practice area continues to grow from strength to strength and now has three specialist Partners, Mandy Munro-Smith, Matthew Purchase and Johan Kruger.

 

Navigating South African Anti-Corruption Law
Corrupt activities in one jurisdiction may have legal consequences halfway around the world. South Africa has ratified the international OECD Anti-corruption Convention. The principle legislation giving effect to the Convention is the Prevention and Combating of Corrupt Activities Act (PACCA). The Act prescribes a general offence of corruption and specific corruption offences relating to, for example, contracts, tenders and auctions.

The Act establishes a duty on persons in positions of authority to report any suspicion of corruption, theft or fraud involving more than R100 000.00 to the police and also creates a register where the particulars of companies convicted of tender or contract corruption are to be endorsed.

Corruption legislation like PACCA and the American Foreign Corrupt Practices Act (FCPA) provide for extra-territorial operation of their provisions. The provisions of the FCPA are not consistent with the provisions of South African Law in all respects. For example, facilitating and expediting payments are permissible under FCPA but would render a person liable for prosecution under South African Law. This is important to bear in mind when performing a due diligence where the client has multinational operations.

 

Upcoming breakfast seminars:
Keep a look out for our upcoming breakfast seminars. In April and May the team will be presenting breakfast seminars highlighting important legal aspects of the tender process.

 

Contact us
Our forensics team can be contacted through Sylvia Bibb +27 11 669 9535 or s.bibb@bowman.co.za