South Africa Completes Phase 4 Assessment of OECD Anti-Bribery Convention
Natalie Nyathi
South Africa has successfully concluded its Phase 4 Assessment regarding the implementation of the OECD Anti-Bribery Convention. This assessment took place from June 24 to 27, 2025, during a session of the Organisation for Economic Co-operation and Development (OECD) Working Group on Bribery (WGB).
The South African delegation, which included representatives from the Department of Public Service and Administration (DPSA), the National Prosecuting Authority (NPA), and the Directorate for Priority Crime Investigation (DPCI), presented its first Phase 4 Assessment Report. This report focused on South Africa’s efforts to combat bribery of foreign public officials in international business transactions.
The assessment process began in November 2024, involving an onsite evaluation by the OECD Secretariat and assessors from Australia and Hungary. During this evaluation, various stakeholders—from government officials to private sector representatives, the judiciary, and civil society—came together to provide insights and support for the report.
The OECD WGB currently includes 46 parties to the Convention, which was established in 1994 to oversee the enforcement of anti-bribery measures. The Convention sets legally binding standards to criminalize the bribery of foreign public officials and includes provisions for effective enforcement.
The scope of the Convention specifically targets the bribery of foreign public officials, focusing on both active and passive bribery while excluding domestic bribery cases. It also addresses situations where bribes are unrelated to foreign business conduct.
Moreover, South Africa’s participation in the Phase 4 Assessment follows the successful closure of its Phase 3 Assessment in December 2023. This latest assessment cycle highlights the country’s specific challenges and achievements in combating foreign bribery, including areas such as detection, enforcement, and corporate liability.
Since 2014, South Africa has investigated 18 new foreign bribery allegations. Although the country initiated its first foreign bribery court proceedings in 2019, no cases have yet been concluded. Nevertheless, the WGB noted improvements in South Africa’s investigative techniques and its efforts to seek mutual legal assistance internationally.
During the assessment discussions, the WGB acknowledged South Africa’s progress in whistleblower legislation and the introduction of a non-trial resolution mechanism. Moreover, the collaboration between public and private sectors to address capacity issues within law enforcement was recognized as a pioneering approach.
According to the media statement by the Department of Public Service and Administration, the final Country Report detailing South Africa’s progress will be made available on the OECD website on July 10, 2025. This report is expected to include recommendations for further enhancing the implementation of the Convention, with South Africa committed to providing regular updates on its progress.
