Section 2: No.

2. (1) For purposes of this Act a person is regarded as having knowledge of a fact if—

(a) that person has actual knowledge of the fact; or

(b) the court is satisfied that—

(i) the person believes that there is a reasonable possibility of the existence of that fact; and

(ii) the person has failed to obtain information to confirm the existence of that fact,

and “knowing” shall be construed accordingly.

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16 No. 26311

GOVERNMENT GAZETTE, 28 APRIL 2004

Act No. 12, 2004

PREVENTION AND COMBATING OF CORRUPT

ACTIVITIES ACT, 2004

(2) For the purposes of this Act a person ought reasonably to have known or suspected a fact if the conclusions that he or she ought to have reached are those which would have been reached by a reasonably diligent and vigilant person having both—

(a) the general knowledge, skill, training and experience that may reasonably be expected of a person in his or her position; and

(b) the general knowledge, skill, training and experience that he or she in fact has.

(3) (a) A reference in this Act to accept or agree or offer to accept any gratification, includes to—

(i) demand, ask for, seek, request, solicit, receive or obtain;

(ii) agree to demand, ask for, seek, request, solicit, receive or obtain; or

(iii) offer to demand, ask for, seek, request, solicit, receive or obtain.

any gratification.

(b) A reference in this Act to give or agree or offer to give any gratification, includes to—

(i) promise, lend, grant, confer or procure;

(ii) agree to lend, grant, confer or procure; or

(iii) offer to lend, grant, confer or procure,

such gratification.

(4) A reference in this Act to any act, includes an omission and “acting” shall be construed accordingly.

(5) A reference in this Act to any person includes a person in the private sector.

## CHAPTER 2

OFFENCES IN RESPECT OF CORRUPT ACTIVITIES

### Part 1: General offence of corruption

#### General offence of corruption

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