The question emerged after a 48-second video circulated on social media showing a man demanding the return of R2,000 he claims was paid by one of his employees to police officers. The footage, which has since sparked widespread public debate, prompted SAPS to launch an internal investigation and institute disciplinary action against an officer identified in the video.
Legal experts say South African anti-corruption laws target not only officials accused of accepting bribes but also those who offer or pay them.
According to Simon Dippenaar & Associates Inc, South African law broadly defines corruption as the offering or acceptance of gratification to influence a person to act illegally, dishonestly, or improperly.
“The law does not distinguish between corruption involving public officials and private persons. Both active and passive bribery constitute corruption: the acts of offering and accepting a bribe are criminal offences.”
The firm notes that both parties involved in a bribery transaction can be held criminally liable.
“In simple terms, it takes two to tango.”
The legal debate follows a confrontation captured on video in which a visibly frustrated man demands the return of R2,000.
“Can I have my R2,000 back, please? My R2,000 I want back. The money that I gave now, R2,000, for this gentleman here,” the man is heard saying.
He later warns officers that he will post the incident online if the money is not returned.
“Can I have R2,000 from you? Please give it to me now, or else I’ll put you on Facebook.”
The footage appears to show a female police officer handing over money before the man accuses officers at the scene of accepting bribes.
“You don’t know anything about it, but yes, the R2,000 that you took from my guy. How come you give me the 2,000? You guys are all taking bribes here.”
Following the video’s circulation, SAPS confirmed that the officer featured in the footage had been identified and that disciplinary proceedings were under way.
Provincial police spokesperson Colonel Dimakatso Nevhuhulwi said a departmental investigation had been launched to determine the full circumstances surrounding the incident.
“The police officer featured in the video has been identified, and immediate disciplinary processes have been instituted. A departmental investigation has also been launched to establish the full circumstances surrounding the incident.”
She reiterated that SAPS maintains a zero-tolerance approach to corruption and that “the acceptance, solicitation, or facilitation of a bribe constitutes a criminal offence and a serious violation of the SAPS Code of Conduct.”
Gauteng Provincial Commissioner Lieutenant General Tommy Mthombeni strongly condemned the alleged conduct.
“The South African Police Service will not tolerate corruption in any form. Members who abuse their authority, compromise their integrity, or betray the trust placed in them by the public will be dealt with decisively.”
However, SAPS has not yet indicated whether the investigation will extend to the individual who allegedly paid the money or whether any criminal charges are being considered against civilians linked to the incident.
For now, police said the investigation remains ongoing.
The Star
Masabata Mkwananzi
iol.co.za
