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(b) threatens or does any other thing calculated or likely to deter any other person from
giving any information, whether in terms of this Act or otherwise, concerning any
corrupt practice; or
(c) does anything calculated or likely to prejudice any other person because that other
person has given any information, whether in terms of this Act or otherwise,
concerning any corrupt practice;
shall be guilty of an offence and liable to a fine not exceeding level seven or to imprisonment
for a period not exceeding two years or to both such fine and such imprisonment.
[amended by Act 22 of 2001, with effect from the 20th May, 2002]
(3) Nothing in this section shall prevent any lawful action being taken against any person
who has given false information concerning any corrupt practice or alleged corrupt practice.
15 Presumptions and evidence
(1) In this section—
“group of companies” means two or more companies which—
(a) have the relationship to each other of holding company and subsidiary or wholly
owned subsidiary as defined in the Companies Act [Chapter 24:03]; or
(b) are substantially controlled by the same person or persons, whether as
shareholders, directors or otherwise; or
(c) carry on any business or activity in partnership or association with each other:
Provided that such companies shall be regarded as members of the same group of
companies only in relation to such business or activity.
(2) If it is proved in any prosecution for an offence in terms of section three or four that—
(a) any agent has solicited, accepted, obtained, agreed to accept or attempted to obtain any
gift or consideration for himself or for any other person, it shall be presumed, unless
the contrary is proved, that the agent did so in contravention of section three;
(b) any person has given, agreed to give or offered any gift or consideration—
(i) to an agent for himself or any other person; or
(ii) to any other person, after agreeing with an agent to do so;
it shall be presumed, unless the contrary is proved, that the person did so in
contravention of section three;
(c) any agent has used, or any person has given to an agent, a receipt, account or other
record in respect of which the agent’s principal was interested and which the agent or
person, as the case may be, knew or ought to have known was false or erroneous or
defective in a material particular, it shall be presumed, unless the contrary is proved,
that the agent or person, as the case may be, did so with intent to deceive the agent’s
principal;
(d) any agent has failed to disclose to his principal the full nature of any transaction
carried out in the course of his agency, it shall be presumed, unless the contrary is
proved, that the agent did so with intent to deceive his principal and to obtain a gift or
consideration for himself or for any other person;
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