6
(4) A judgment given in terms of subsection (3) shall have the same effect and may be
executed in the same manner as if the judgment had been given in a civil action instituted in the
court concerned.
4
Offences by public officers
If a public officer, in the course of his employment as such—
(a) does anything that is contrary to or inconsistent with his duty as a public officer; or
(b) omits to do anything which it is his duty as a public officer to do;
for the purpose of showing favour or disfavour to any person, he shall be guilty of an offence
and liable to a fine not exceeding level ten or to imprisonment for a period not exceeding five
years or to both such fine and such imprisonment.
[amended by Act 22 of 2001, with effect from the 20th May, 2002]
5
Competent verdict
A public officer charged with an offence in terms of section three may be found guilty of a
contravention of section four, if such are the facts proved.
PART III
INVESTIGATION OF CLAIMS ARISING FROM DISHONESTY OR CORRUPTION
6
Power of Minister to specify persons
(1) Where the Minister, on reasonable grounds, suspects that any person—
(a) by theft, fraud or other unlawful means, has caused the misappropriation or loss of
property of the State, a statutory body, a local authority or any other person; or
(b) has received property from the State, a statutory body, a local authority or any other
person, whether directly or indirectly, in contravention of any law or as a result, either
direct or indirect, of the action of any person who has caused misappropriation or loss
such as is referred to in paragraph (a); or
(c) has accepted or obtained a gift or consideration in contravention of section three; or
(d) has obtained any advantage or profit corruptly or in circumstances that amount to an
offence in terms of this Act; or
(e) is associated with, or has been party to any transaction whatsoever with, any other
person who has done anything referred to in paragraph (a), (b), (c) or (d) and, as a
result of such association or transaction, may be liable to the State, a statutory body, a
local authority or any other person for any claim or proceedings in respect of any
property or be liable to have the transaction set aside;
and is satisfied that it is in the national interest to do so, he may, by notice published in the
Gazette, declare such person to be a specified person.
(2) The Minister may, at any time, by notice published in the Gazette, amend or revoke any
declaration made in terms of subsection (1), and shall revoke any such declaration within
fourteen days after receiving a final report from the investigator in terms of paragraph (b) of
subsection (1) of section eight, unless—