Welcome to the first ENSafrica anti-bribery survey. Having an effective anti-corruption programme is more important for companies today than ever before. Many companies are now recognising the potential reputational harm, economic costs, fines, penalties and potential criminal prosecution which bribery and corruption poses to their business. For years the United States was the only country that rigorously pursued the payment of bribes outside of its territorial boundaries through the Foreign Corrupt Practices Act (FCPA). More recently, the British Government has also become a serious anti-bribery compliance enforcement role player through the UK Bribery Act of 2010.
In South Africa the authorities have also introduced onerous anti-corruption requirements via regulation 43 of the SA Companies Act (Act 71 of 2008). Furthermore Section 34 of the South Africa Prevention and Combatting of Corrupt Activities Act (PCCA) of 2004 also imposed strict reporting requirements on persons holding positions of authority, and it is important for companies to understand and comply with these requirements.
The survey conducted by ENSafrica benchmarks organisations' anti-bribery compliance commitment to observing local and global requirements and to see how their compliance processes compare to generally accepted anti-bribery compliance best practice.
The survey covered the following six critical themes:
- proportionate procedures;
- tone at the top;
- risk assessment;
- due diligence;
- communication and training; and