A director, or a person engaged in a position of management authority, commits an offence if they caused the firm to engage in price fixing, market division or collusive tendering under section 4(1)(b), or knowingly acquiesced in it with actual knowledge of the conduct (section 73A(1) and (2), in force since 1 May 2016). Prosecution follows only after the firm has acknowledged the conduct in a consent order or the Tribunal or Appeal Court has found it (section 73A(3)); the penalty is a fine of up to R500,000, imprisonment of up to ten years, or both (section 74(a)); the Commission may not seek prosecution of a person it has certified as deserving of leniency (section 73A(4)). Boards need to be able to show that they did not know of, and did not tolerate, cartel conduct.
The graph holds this control, the 0 it maps to, and the evidence behind each claim, over MCP and REST.