Management and Administration of gifts

Management and Administration of Gifts – By Andiswa Mbuli – Risk Officer at the NHC

Differentiation between a gift and gratification:

Gifts considered acceptable, are those that would not influence any decision to be taken by the employee in the organization and would not influence the conduct of the employee, because they are not offered in return for performing or not performing one’s duty but merely are an innocent token of appreciation.

These gifts can be offered to anyone playing the same role and are not targeting a specific individual. The gift is offered openly in public and presented without expectation or reciprocity, merely to express appreciation, or to honour a recipient, or to be civil.

If any gift, money, donation, fee, etc. is received (it may be over a long period) in the context of a corrupt relationship (in return for performing or not performing one’s official duties), offered with the intention to influence the person receiving it (even if it is very subtle and innocent in the beginning), to make a decision he/she otherwise would not have made or to act in a way different from what the person would have, that something would be regarded as a gratification or a bribe and not a gift.

In terms of Prevention of Corrupt Activities Act, Act 12 of 2004 (PRECCA), section 10, if a public servant receives a gratification in the course of duty intended to influence him/her to act in a way that will benefit the giver (or any other party), the gratification will be construed as a bribe. BOTH the giver and receiver will be guilty of the offence of corruption.

To report any fraud or corruption, please contact the National Fraud Hotline – 0800 701 701 or email us at fraud@nhc.org.za.