PRECCA (the Prevention and Combating of Corrupt Activities Act 12 of 2004) criminalises corruption across the public and private sectors. Since 3 April 2024, section 34A makes an organisation itself liable when a person associated with it pays a bribe to win or keep business, and the only defence is having had 'adequate procedures' in place to prevent it. Penalties reach life imprisonment and an unlimited fine, plus endorsement on the Register for Tender Defaulters. Encircle's assessment builds exactly that adequate-procedures defence file.
This framework contributes to the following governance domains in your Encircle score:
Encircle assembles your PRECCA 'adequate procedures' defence document by document: policy, risk assessment, due diligence, reporting procedure, training and monitoring. As no official South African adequate-procedures guidance has yet been published, the assessment is benchmarked on the UK Bribery Act's six principles, the working standard practitioners use. Every gap becomes an assigned remediation task.
Encircle tells you when your adequate-procedures programme is in place, the documented policy, risk assessment, due diligence, training and monitoring that constitute a section 34A defence. This is compliance readiness, not legal advice; a conviction defence ultimately turns on the facts.
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The same organisation seen through the PRECCA lens. Red is where the exposure is. Switch lens to see how the picture changes under another framework.
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PRECCA: no documented anti-bribery risk assessment, the foundation of the s34A “adequate procedures” defence in force since April 2024. Risk takes the heaviest hit, then Compliance and Ethics.