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SA has fallen behind international trends in not having a defined policy or legislative framework for the conduct of non-trial resolution of foreign bribery cases. It is something that is common practice among the signatories of the OECD Anti-Bribery Convention, which came into force in 1999.

A study by the Organisation for Economic Co-operation and Development (OECD) found that about 80% of the 890 foreign bribery cases successfully concluded by signatories to the convention over the 20 years since 1999, were concluded through non-trial resolutions with the biggest users of this mechanism being Germany, the UK and the US...

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