Section 197 - PCA

No Right to be heard

Prevention of Corruption Act (49 of 1988) Section 197 - Sanction to prosecute - There would be no requirement for the public servant concerned to be heard by the competent authority before a decision in the matter is taken. (2012)168 PLR 382

Not obliged to undertake a detailed enquiry

Prevention of Corruption Act (49 of 1988) S. 197 - The Competent Authority is required to form an opinion as to whether upon the material placed and relied by the Investigating Agency a prima facie commission of an offence is made out - At the stage of grant or refusal of sanction, the Competent Authority is not obliged to undertake a detailed enquiry and to go into the merits of the allegations made against the public servant concerned. (2012)168 PLR 382