A sociological approach is used to analyze incidences of extreme opportunism in financial markets. Through an analysis of arguably the most widely publicized "rogue" trader events in recent history, a determination is made of the validity of explaining these events as aberrations, attributable to the actions of "rogues". The primary focus is the role of structural factors underlying these incidences of extreme opportunism in financial markets. A diverse range of documentary and other sources is used to avoid any form of bias as far as possible. It was found that structural factors act as countervailing forces to inhibit such behavior or as motivators and facilitators acting as catalysts for extreme opportunism. The balance between these factors largely determines the level of opportunistic behavior in a particular environment. Extreme opportunism is therefore not an aberration or "rogue" occurrence but a manageable phenomenon intrinsic to the social structural context within which it occurs. By conceptualizing these factors as countervailing forces one is forced to view structural factors, like compensation structures and formal and informal restraints, relative to one another and no longer in isolation. This realization translates into the conclusion that restraints and oversight systems for example, should be designed relative to the relevant motivators and facilitators in its area of application. In an environment where traders of highly geared financial products are motivated with multimillion USD incentive packages, a low budget oversight system and inexperienced regulatory staff, is clearly not the appropriate tools to control and manage extreme opportunism. / Criminology and Security Science / D.Phil. (Sociology)

The process of investigation, which begins when a crime is reported and ends after a suspect has been convicted or discharged by a court of law, is a mammoth task which requires cooperation between various stakeholders, such as investigators and prosecutors. The purpose of this study was to determine the role of the specialized commercial crime investigators in the prosecution process. The study evaluated and explored the status of the current roles played by these investigators with the intention of recommending changes that could improve investigator practice. Two research questions were posed. First, the researcher endeavoured to find answers to a question regarding what the prosecution process entails. Secondly, the researcher sought to establish the roles of the specialised commercial crime investigator in the prosecution process. It was envisaged that the answers to these questions could be obtained from specialised commercial crime investigators and prosecutors deployed in the commercial crimes courts. On this basis two samples were chosen, with nine investigators from the Gauteng North office of the Specialised Commercial Crimes Unit and four prosecutors from the Specialised Commercial Crimes Court in Gauteng North. Some of the findings were that the investigators in trying to fulfil their roles of investigations have an adverse impact on the investigation and successful prosecution of offenders, which in turn lead to recidivism and apathy among the communities being served by the police and the justice system in general. The image of the police, particularly that of the commercial crime investigators, is often negated and the justice system is portrayed as a failure in addressing the problem of crime. The conclusions drawn from the data were that the roles of investigators in the prosecution process are mandatory as they are legislated rather that persuasive and that investigators cannot rely on prosecutors to handle all aspects of investigation once a case has been handed over to the prosecution. Apart from a lack of knowledge about these roles, it was established that some investigators deliberately ignore their roles in this relationship. It is proposed that dedicated training should be afforded to investigators and prosecutors above their existing training, with a focus on how to take part in the prosecution process. Investigators should be informed that their responsibilities in the prosecution process are a result of legislation and that failure to satisfy the legislation will carry adverse consequences for the investigation itself, the prosecution and the other stakeholders. / Criminal and Procedural Law / M.Tech. (Forensic Investigations)

Income tax in South Africa is levied in terms of the Income Tax Act, 58 of 1962 (the South African Income Tax Act) on taxable income, which by definition, is arrived at by deducting from ''gross income" receipts and accruals that are exempt from tax as well as deductions and allowances provided for in the Act. The South African Income Tax Act provides no guidance with regard to the taxation of income and expenditure from illegal activities. In this mini thesis, case law and legislation is reviewed in an attempt to provide clarity on the tax consequences of income and expenses arising from illegal activities. An overview is provided of the taxation of income and expenditure in respect of illegal activities in the United States of America, Australia and New Zealand. Similarities are found between the American, Australian, New Zealand and South African tax regimes in relation to the taxation of income earned from illegal activities, but there appears to be more certainty in America, Australia and New Zealand with regard to the deduction of expenses arising from illegal activities. In South Africa, taxpayers earning income from ongoing illegal activities will, in principle, comply with the definition of “trade” as defined in section 1 of the South African Income Tax Act. However, this is contrary to the view of the South African Revenue Service that illegal activities do not meet the definition of “trade”, a viewpoint that may not hold if challenged in court. Recommendations are made for the amendment of the South African Income Tax Act to specifically provide for the inclusion in “gross income” of income from illegal activities and to prohibit the deduction of expenditure arising from illegal activities.

The research was conducted as a result of the researcher‟s concern that the possibility exists that members of the different law enforcement agencies in South Africa might have a misconception about the mandate and functions of the Financial Intelligence Centre. If such a misconception in fact exists, it poses a huge challenge towards fruitful co-operation among the Centre and the different law enforcement agencies. The researcher identified certain practical problems, namely, that investigators are not aware of the types of intelligence that the Centre could provide them with, and that investigators might not be informed about the specific procedures to follow when they need to request intelligence from the Centre. The research has shown that, in the past, the Centre has been a useful source of crime intelligence concerning a range of predicate offences including narcotics, fraud and tax related crimes. The research has further found that, although the majority of participants gained a lot of experience in law enforcement and investigations, they had limited awareness about the Financial Intelligence Centre and its functions. This research project studied the utilisation of the Financial Intelligence Centre as a crime intelligence source. / Police Practice / M. Tech. (Forensic Investigation)

In hierdie proefskrif is die belangrike rol wat inligting tans en toenemend in die samelewing speel ondersoek, om te beklemtoon hoe noodsaaklik dit tans is om `n misdryf wat die wederregtelike en opsetlike verkryging van inligting strafbaar sal reël, te verorden. Die rol wat industriële spioenasie in die verband speel word uitgelig. As gevolg van die bepaalde onliggaamlike aard van inligting kan inligting nie soos liggaamlike eiendom `n persoon ontneem word nie. Inligting word gewoonlik bloot gekopieer en die oorspronklike houer van die inligting behou die inligting hoewel die dader ook die inligting verkry. Die gemeenregtelike misdaad van diefstal maak dus nie voorsiening vir die diefstal van inligting waar die inligting bloot gekopieer of gedupliseer is nie. Om te bepaal hoe hierdie bepaalde probleem in ander lande se regstelsels aangespreek word en om kennis op te doen oor hoe dit in die Suid-Afrikaanse reg aangespreek behoort te word, is die strafregtelike bepalings en selfs nie-strafregtelike bepalings in lande soos Engeland, Amerika, Kanada en Nederland ondersoek. Ten einde vas te stel welke inligting deur die strafreg beskerm behoort te word, is selfs sekere nie-strafregtelike bepalings van vermelde lande en van die Suid-Afrikaanse reg nagegaan. Insigte is verkry oor welke elemente sodanige inligting aan moet voldoen en `n definisie van beskermwaardige inligting word aanbeveel. Vir hierdie doel is `n nuwe begrip van beskermwaardige inligting geskep. Die redes waarom diefstal van inligting nie in Suid-Afrikaanse en die ander lande se regstelsels nie erken word nie, is bespreek. Die wyse waarop die gemeenregtelike misdaad van diefstal na die diefstal van onliggaamlike geld uitgebrei is, is ondersoek waarna `n aanbeveling gemaak word oor hoe die definisie van diefstal uitgebrei kan word om ook ander onliggaamlike objekte in te sluit. As gevolg van die bepaalde aard van inligting kan die gemeenregtelike definisie van diefstal nie uitgebrei word om inligting as `n objek in te sluit nie en word `n statutêre misdryf van diefstal van inligting voorgestel. / Jurisprudence / LL. D.

Construction companies, in particular, abuse the objectives of BEE in order to secure multimillion-rand contracts. Misrepresentations, specifically to the Department of Public Works, are made in various forms and stages during the submission of tender documentation by contractors. The status of BEE company owners is abused in order to secure contracts. Apartheid in South Africa prevented black citizens from entering the corporate world and thereby attaining a quality education. The South African government has, since 1994, adopted the BEE policy in order to redress racial and economic imbalances of the past. Fronting (which is regarded as fraud) is detrimental to the objectives of BEE, which are governed by legislation. Fronting further negatively affects the transformation of the South African economy which could be globally competitive. Fraud detection and its investigation are two concepts which are closely linked to each other and are vitally important to any fraud investi-gator. / Police Practice / M. Tech. (Forensic Investigation)

Text in English / Procurement fraud is an enormous problem and the South African news is perforated with reports of this illicit act. Procurement fraud occurs in all the phases of the procurement cycle, but this illicit act is mostly committed during the tender phase. Business does not see procurement fraud as a crime and therefor this crime is committed due to non-existent internal controls and processes to assess the adequacy of these controls. The purpose of the research was to highlight that procurement fraud occurs when internal controls are being bypassed or if an entity has an ineffective internal control system. The researcher studied the appraising of internal controls to understand the role it plays in detecting, preventing and investigating procurement fraud, specifically during the tender phase. The research design utilised was a qualitative research approach and an empirical design plan or strategy, to obtain the information. The researcher opted for this design to obtain information from literature and information from individuals in appraising internal controls. This ensured a comprehensive data gathering process. The goal of this research was to provide practical recommendations to assist investigators in private and public sectors with investigations into procurement fraud during a tender. / Police Practice / M. Tech. (Forensic Investigation)

Conducting internal investigations in the corporate environment in South Africa has become an everyday occurrence where companies need to take action after an incident took place. Each company has a different view regarding their processes followed when investigating internal matters, and the different objectives that drive the process. Some companies would prefer the suspects be disciplined and removed from their employment, and no further action taken after the dismissal and some companies would have a different approach and would follow the process through the disciplinary, the criminal prosecution and institute civil litigation to recover losses. Investigation differs, and the approach would be different as well with various reasons for the approach of the company. To establish what the methodology is that is followed when initiating an internal investigation and the drive behind the methodology followed was done. The methodology and process followed determines how the internal investigation process is done and concluded to ensure that similar incidents do not occur again, and thus protect the corporate environment in South Africa. / Police Practice / M. Tech. (Forensic Investigation)

In the context of violent crimes and criminal investigations, the effectiveness and proven success of offender or criminal profiling have been well documented. In reference to white-collar crime perpetrators offenders, this is a much less documented topic though. For any organisation to function effectively and be profitable there is huge reliance placed on employees. There is an expectation that the employees will carry out their functions with honesty and integrity while having the employer’s best interests in mind. Recent local and international published fraud surveys reported widely on the growing trend that has become known as the insider threat. This trend relates to the actual occurrence of misconduct by staff members and has increased proportionally over the years, i.e. from 55% in 2010 to a staggering 81% in 2015. The aim of this research was to determine how to profile staff members who commit white-collar crime in the South African short-term insurance industry. In addition, this research also focused on an introduction on the South African short-term insurance industry, as well as the suggested sources to consider when profiling staff as potential white-collar criminal perpetrators and the importance of making use of crime linkage analysis. Results of this research include that the main objective of profiling will at all times be to perform a structured social and psychological assessment of the perpetrator and when conducting the profiling of potential white-collar criminal perpetrators, there are specific offender characteristics to consider, and detailed data will be required pertaining to certain categories. / Police Practice / M. Tech. (Forensic Investigations)

In hierdie proefskrif is die belangrike rol wat inligting tans en toenemend in die samelewing speel ondersoek, om te beklemtoon hoe noodsaaklik dit tans is om `n misdryf wat die wederregtelike en opsetlike verkryging van inligting strafbaar sal reël, te verorden. Die rol wat industriële spioenasie in die verband speel word uitgelig. As gevolg van die bepaalde onliggaamlike aard van inligting kan inligting nie soos liggaamlike eiendom `n persoon ontneem word nie. Inligting word gewoonlik bloot gekopieer en die oorspronklike houer van die inligting behou die inligting hoewel die dader ook die inligting verkry. Die gemeenregtelike misdaad van diefstal maak dus nie voorsiening vir die diefstal van inligting waar die inligting bloot gekopieer of gedupliseer is nie. Om te bepaal hoe hierdie bepaalde probleem in ander lande se regstelsels aangespreek word en om kennis op te doen oor hoe dit in die Suid-Afrikaanse reg aangespreek behoort te word, is die strafregtelike bepalings en selfs nie-strafregtelike bepalings in lande soos Engeland, Amerika, Kanada en Nederland ondersoek. Ten einde vas te stel welke inligting deur die strafreg beskerm behoort te word, is selfs sekere nie-strafregtelike bepalings van vermelde lande en van die Suid-Afrikaanse reg nagegaan. Insigte is verkry oor welke elemente sodanige inligting aan moet voldoen en `n definisie van beskermwaardige inligting word aanbeveel. Vir hierdie doel is `n nuwe begrip van beskermwaardige inligting geskep. Die redes waarom diefstal van inligting nie in Suid-Afrikaanse en die ander lande se regstelsels nie erken word nie, is bespreek. Die wyse waarop die gemeenregtelike misdaad van diefstal na die diefstal van onliggaamlike geld uitgebrei is, is ondersoek waarna `n aanbeveling gemaak word oor hoe die definisie van diefstal uitgebrei kan word om ook ander onliggaamlike objekte in te sluit. As gevolg van die bepaalde aard van inligting kan die gemeenregtelike definisie van diefstal nie uitgebrei word om inligting as `n objek in te sluit nie en word `n statutêre misdryf van diefstal van inligting voorgestel. / Jurisprudence / LL. D.