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South Africa presented its final Phase 3 evaluation report at the December 2023 Working Group on Bribery (WGB) meeting, which was held recently in Paris, France.

The South African delegation is comprised of the Department of Public Service and Administration (DPSA), the Directorate for Priority Crime Investigation (DPCI), and the National Prosecuting Authority (NPA).

In 2007, South Africa acceded to the Convention on Combating Bribery of Foreign Public Officials in International Business Transactions (the Convention). The Convention is specific in its scope. It focuses on using domestic law to outlaw bribery of foreign public officials and pertains to both active and passive bribery.

Still, the Convention excludes other types of corruption, such as bribery that is solely domestic and bribery in which the direct or indirect beneficiary is not a public official. It also eliminates cases when the bribe was paid for reasons unrelated to the conduct of foreign business and the acquisition or retention of some undue advantage in such business.

The WGB evaluates member nations’ efforts to implement and enforce the Convention using an established peer review monitoring system in four phases, with two countries chosen to evaluate each, as follows:

  • Phase 1 is a self-evaluation activity focusing on identifying legislative instruments and processes utilized by governments to resist foreign bribery.
  • Phase 2 concentrated on the implementation and effectiveness of such instruments and mechanisms.
  • Phase 3 evaluates the impact of a country’s acceptance of the Convention to combat foreign bribery.
  • Phase 4 looks at the evaluated country’s particular challenges and positive achievements. It also explores issues such as detection, enforcement, corporate liability, and international cooperation and covers unresolved issues from prior reports.

South Africa underwent Phase 1 evaluation in 2008, followed by Phase 2 in 2009, and Phase 3 in 2013. The first Phase 3 evaluation was conducted in March 2014, and the WGB requested South Africa to regularly report on progress made in implementing the recommendations outlined in the 2014 Phase 3 evaluation.

South Africa submitted nine Phase 3 assessments reports to the WGB, with the final report submitted in December 2023. The report updated the WGB on lessons learned from the June 2022 Technical Mission and provided a progress report on foreign bribery cases.

The report discussed South Africa’s response to the Zondo Commission’s findings on foreign bribery, including the use of investigative techniques, prosecution of legal persons, and the use of mutual legal assistance in cases, including related or alternative offences.

The assessors found South Africa’s report encouraging. They noted the positive developments and efforts to address foreign bribery in South Africa, including the appointment of the National Anti-Corruption Committee to reconfigure South Africa’s anti-corruption infrastructure.

The assessors applauded South Africa for effectively dealing with many domestic cases through the Zondo Commission. Consequently, it was determined that South Africa would proceed to Phase 4. However, the assessors also encouraged the county to pursue foreign bribery cases similarly.

Under Phase 4, South Africa will undergo assessment, with the first evaluation scheduled for March 2025, reflecting the significant progress made.