ANTI-CORRUPTION POLICY
Tshaya Mashabela Attorneys manages work for clients across various jurisdictions and serves clients globally. Tshaya Mashabela Attorneys has an obligation to comply with South African and non-South African laws applicable to its operations. Tshaya Mashabela Attorneys is committed to adhering to the anti-corruption laws in the countries where it conducts business, and ensure that it acts in accordance with the anti-corruption laws that apply to clients and require compliance from Tshaya Mashabela Attorneys.
Tshaya Mashabela Attorneys is committed to conducting business in an ethical and honest manner and is committed to implementing and enforcing systems that ensure all forms of bribery, corruption, and fraud are prevented. Tshaya Mashabela Attorneys has zero tolerance for bribery and corrupt activities. We are committed to acting professionally, fairly, and with integrity in all business dealings and relationships we build with our employees. Tshaya Mashabela Attorneys will constantly uphold all laws relating to anti-bribery and corruption and adhere to the Social Standard requirements in combating any form hereof. Thus, Tshaya Mashabela Attorneys commits to the fulfilment of all applicable provisions as stated in the South African Prevention and Combating of Corrupt Activities Act 12 of 2014, U.S. Foreign Corrupt Practices Act, U.S. export control, sanctions, and anti-boycott laws and regulations and all other applicable anti-corruption laws and regulations.
TO WHOM DOES THIS POLICY APPLY?
This policy applies to all employees, directors, and shareholders of Tshaya Mashabela Attorneys, including temporary or contract employees. Employees must ensure that they do not become involved in any way in the payment of bribes. This policy sets out the minimum standards (South African Legislation, International Labour Organisation conventions and recommendations, or any other relevant legislation that might be applicable) to which all employees of Tshaya Mashabela Attorneys must adhere at all times.
DEFINITIONS
1. Bribery: giving or receiving anything from any person (usually money, a gift, loan, reward, favour, commission or entertainment), as an improper inducement or reward for obtaining business, employment or any other benefit. Bribes can therefore include, but are not limited to:
- gifts and excessive or inappropriate entertainment, hospitality, travel and accommodation expenses;
- payments, whether by employees or business partners such as recruiters, labour service providers or consultants; and
- other ‘favours’ provided to supervisors, such as making unwanted advances, payments or promises.
2. Corruption: a dishonest, fraudulent, or even criminal act of an individual or organisation, using entrusted authority or power to make a personal gain or other unethical or illegal benefits.
3. Fraud: is the unlawful and intentional making of a misrepresentation which causes actual prejudice or which is potentially prejudicial to another.
COMPANY COMMITMENT
All employees of Tshaya Mashabela Attorneys must adhere to the company ethos of bribery and corruption. No employee or director will be allowed to take part or become involved in any form of bribery, corrupt behaviour, or fraud, including the following:
- Offer, pay, or give anything of value to any person through which one will unethically gain something in return which is not provided for in terms of their employment contract.
- Attempt to mislead or induce any person to do something illegal or which goes against the company policy.
- Mislead or intentionally lie to any person to gain an advantage above and beyond their employment agreement.
- Violate any rules by shifting blame or responsibility onto another employee/person.
- Fraudulent practices against the company ethos or legislation.
Tshaya Mashabela Attorneys is committed to remove and combat any inappropriate behaviour immediately and will not tolerate such behaviour from employees, directors, or clients in any form. This policy hereby binds the company to its commitment to regularly discuss and mitigate factors related to any form of bribery, corruption, or fraudulent behaviour.
