Section 43: Offences related to Investigations

43. Offences related to Investigations (1) Where a person knows or has reason to suspect that the Enforcement Authority or the ARID is acting, or proposing to act, in connection with an Investigation which is being or is about to be conducted, he shall, subject to subsections (2) and (4), commit an offence where— (a) he makes a disclosure which is likely to prejudice the Investigation; or (b) he falsifies, conceals, destroys or otherwise disposes of, a document which is relevant to the Investigation. (2) A person shall not commit an offence under subsection (1) (a) where— (a) he does not know or suspect that the disclosure is likely to prejudice the Investigation; (b) the disclosure is made in the exercise of a function under this Act or any other enactment relating to unlawful activity or benefit from unlawful activity or in compliance with a requirement of this Act; or (c) he is a professional legal adviser and the disclosure falls within subsection (3). (3) A disclosure, other than a disclosure made for a criminal purpose, falls within this subsection where it is a disclosure— (a) to a client of a professional legal adviser in connection with the giving, by the adviser, of legal advice to the client; or (b) by a professional legal adviser to any person in connection with legal proceedings or contemplated legal proceedings. (4) A person shall not commit an offence under subsection (1) (b) where— (a) he does not know or suspect that the document is relevant to the Investigation; or (b) he does not intend to conceal any fact disclosed by the document from a law enforcement agent carrying out the Investigation. [S. 43 amended by s. 7 of Act 29 of 2015 w.e.f. 26 January 2016.] PART V – ANCILLARY ORDERS AND POWERS [Heading amended by s. 17 of Act 24 of 2012 w.e.f. 10 November 2012.]