The proposed terms depend on the court hearing the case:

• in the High Court – from 18 years to life imprisonment;
• in a regional court – from 15 to 18 years;
• in a magistrate’s court – from 5 to 10 years.

A court will, however, be able to impose a sentence below the prescribed minimum where substantial and compelling circumstances exist.

The rules will apply to a broad range of corruption offences, including the bribery of public and foreign public officials, members of legislative bodies, judges and prosecutors, unlawful gratification in employment relationships, and corrupt activities relating to contracts and public procurement.

The bill also proposes tougher penalties for failing to disclose the inclusion of a person or organisation in the Register for Tender Defaulters when subsequently participating in public procurement or entering into a contract with the state. The maximum fine would be increased from ZAR 250,000 to ZAR 500,000, while the maximum term of imprisonment would rise from three to five years.

Finally, the bill would reduce from ZAR 100,000 to ZAR 30,000 the threshold at which persons holding managerial positions in public- and private-sector organisations are required to report to law enforcement authorities any known or reasonably suspected cases of theft, fraud, extortion, forgery or the use of a forged document.

According to the bill’s drafters, the proposed amendments should strengthen the deterrent effect of penalties and facilitate the earlier detection of offences.