(3) If it is proved, in any prosecution for corruptly concealing a transaction from a principal, that
(a) an agent
(i) agreed or arranged with another person that the full nature of any transaction should not be
disclosed to the agent’s principal; or
(ii) failed to disclose to his or her principal the full nature of any transaction;
the agent shall be presumed, unless the contrary is proved, to have done so intending to deceive the
principal, or to obtain a consideration for himself or herself knowing or realising that there is a real risk
or possibility that such consideration is not due to him or her in terms of any agreement or arrangement
between himself or herself and the principal, as the case may be;
(b) any person agreed or arranged with an agent that the full nature of any transaction should not be
disclosed to the agent’s principal, that person shall be presumed, unless the contrary is proved, to have
done so intending to deceive the agent’s principal;
(c) any person carried out a transaction with an agent or assisted an agent to carry out a transaction the full
nature of which was not disclosed to the agent’s principal, that person shall be presumed, unless the
contrary is proved, to have known that the agent did not intend to disclose to the principal the full nature
of the transaction.
173 Corruptly concealing from a principal a personal interest in a transaction
(1) Any
(a) agent who carries out any transaction in connection with his or her principal’s affairs or business
without disclosing to the principal that he or she holds a personal interest in the subject-matter of the
transaction
(i) intending to deceive the principal or realising that there is a real risk or possibility that the
principal may be deceived; or
(ii) intending to obtain a consideration knowing or realising that there is a real risk or possibility that
such consideration is not due to him or her in terms of any agreement or arrangement between
himself or herself and the principal;
or
(b) person who
(i) carries out any transaction with an agent in connection with the affairs or business of the agent’s
principal; or
(ii) assists an agent to carry out any such transaction;
knowing that the agent does not intend to disclose to the principal a personal interest which he or she or
the agent holds in the subject-matter of the transaction;
shall be guilty of corruptly concealing from a principal a personal interest in a transaction and liable to a fine up to
or exceeding level fourteen or imprisonment for a period not exceeding twenty years or both.
(2) Where an agent agrees or arranges with another person or a person agrees or arranges with the agent not
to disclose to the agent’s principal any personal interest held by the agent in the subject-matter of any transaction
which the agent has carried out or will carry out in connection with the principal’s affairs or business, and the
agent or person so agreed or arranged
(a) intending to deceive the principal or realising that there is a real risk or possibility that the principal may
be deceived; or
(b) intending that the agent should obtain a consideration knowing or realising that there is a real risk or
possibility that such consideration is not due to the agent in terms of any agreement or arrangement
between the agent and the principal;
the competent charge shall be conspiracy to commit the crime of corruptly concealing from a principal a personal
interest in a transaction.
(3) If it is proved, in any prosecution for the crime of corruptly concealing from a principal a personal
interest in a transaction, that
(a) an agent
(i) agreed or arranged with another person that a personal interest held by the agent in the subjectmatter of any transaction should not be disclosed to the agent’s principal;
(ii) failed to disclose to his or her principal a personal interest held by him or her in the subjectmatter of any transaction;
the agent shall be presumed, unless the contrary is proved, to have done so intending to deceive the
principal or to obtain a consideration for himself or herself knowing or realising that there is a real risk
or possibility that such consideration is not due to him or her in terms of any agreement or arrangement
between himself or herself and the principal, as the case may be;
(b) any person agreed or arranged with an agent that a personal interest held by the agent in the subjectmatter of any transaction should not be disclosed to the agent’s principal, that person shall be presumed,
unless the contrary is proved, to have done so intending to deceive the agent’s principal;
Select target paragraph3
Add to table of contents