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Section 5: Bribery of public official

Prevention Of Corruption Act · PART II: CORRUPTION OFFENCES

consolidated text (as at 2012, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.

5. Bribery of public official (1) Any person who gives, agrees to give, or offers a gratification to a public official for— (a) doing, or for abstaining from doing, or having done or abstained from doing, an act in the execution of his functions or duties; (b) doing or abstaining from doing, or for having done or abstained from doing, an act which is facilitated by his functions or duties; (c) expediting, delaying, hindering or preventing, or having expedited, delayed, hindered or prevented, the performance of an act in the execution of his functions or duties; (d) expediting, delaying, hindering or preventing, or having expedited, delayed, hindered or prevented, the performance of an act by another public official in the execution of the latter’s functions or duties; (e) assisting, favouring, hindering or delaying or having assisted, favoured, hindered or delayed another person in the transaction of a business with a public body, shall commit an offence and shall, on conviction, be liable to penal servitude for a term not exceeding 10 years. (2) Notwithstanding section 83, where in any proceedings against any person for an offence under subsection (1), it is proved that the accused gave, agreed to give or offered gratification, it shall be presumed, until the contrary is proved, that the accused gave, agreed to give or offered the gratification for any of the purposes set out in subsection (1) (a) to (e).

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