The research problem for this study was that forensic investigators in the Forensic Services (FS) of the City of Tshwane (CoT) are unable to successfully deal with procurement fraud as a result of the lack of knowledge, skills and resources required to conduct computer forensics during the investigation of procurement fraud. This research was conducted to ascertain the value of computer forensics in the investigation of procurement fraud. Further, the study sought to determine how to improve the CoT forensic investigators’ knowledge and competence regarding the application of computer forensics in the investigation of procurement fraud. The purpose of this study was to explore the procedures that should be followed by CoT forensic investigators when conducting computer forensics during the investigation of procurement fraud. The research also aimed to discover new information, not previously known to the researcher, related to computer forensics during the investigation of procurement fraud by exploring national and international literature. In addition, the study explored existing practices so as to use this information to improve the current CoT procedure, within the confines of the legislative requirements. The overall purpose of this study is to provide practical recommendations for best practices, based on the results of the data analysis, which address the problem and enhance the investigative skills of CoT forensic investigators. The study established that it is imperative and compulsory to apply computer forensics in any procurement fraud investigation in order to efficiently track down cyber criminals and solve complicated and complex computer crimes. It was also established that forensic investigators within the FS in the CoT lack the necessary computer skills to optimally investigate procurement fraud. It is therefore recommended that CoT forensic investigators acquire the necessary skills and essential training in computer forensics in order to improve their knowledge and competence regarding the application and understanding of the value of computer forensics in the investigation of procurement fraud. / School of Criminal Justice / M.Tech. (Forensic Investigation)

The thesis contributes to the search for sound anti-corruption laws and practices that are effective and fair. It argues for the respect for human rights in the crafting and implementation of anti-corruption laws as a requisite for successful control of corruption. The basis for this argument is threefold: First, human rights provide a framework for checking against abuse of state’s police power, an abuse which if allowed to take root, would make the fight against corruption lose its legitimacy in the eye of the people. Second, human rights ensure that the interest of individuals is catered for in the crafting of anti-corruption laws and practices thereby denying perpetrators of corruption legal excuses that can be exploited to delay or frustrate corruption cases in the courts of law. Third, human rights provide a useful framework for balancing competing interests in the area of corruption control – it enables society to craft measures that fulfils the public interest in the eradication of corruption while concomitantly assuring the competing public interest in the protection of individual members’ liberties – a condition that is necessary if the support of the holders of these competing interests is to be enlisted and fostered in the fight against corruption. The thesis focuses on the study of the non-conviction based assets recovery mechanism, a mechanism that allows the state to apply a procedure lacking in criminal law safeguards to address criminal behaviour. The mechanism is thus beset with avenues for abuse, which if unchecked could have debilitating effects not only to individual liberties but also to the long term legitimacy of the fight against corruption. In this regard, the thesis examines how the human rights framework has been used in Kenya and South Africa to check on the potential dangers of the non-conviction based mechanism and to provide for a proportional balance between the imperative of corruption control and the guarantee against arbitrary deprivation of property. The aim is to unravel the benefits of respecting human rights in the fight against corruption in general and in the non-conviction based assets recovery in particular. Kenya and South Africa are chosen for study because they provide two models of non-conviction based mechanisms with different levels of safeguards, for comparative consideration.

The ill-effects of corruption on the society, polity and economy of a country are far reaching. They have a corrosive effect on the rule of law, on governance and on the welfare of the society. The Constitution of the Republic of South Africa of 1996, which is the supreme law of the country, places as an expectation and obligation on the government accountability of state, and a government free of corruption and the malignancy of economic nepotism. South Africa’s anti-corruption framework is designed as a control-based approach that is multi-faceted and executed through legislation, supporting regulations, audit trails, anti-corruption structures, law enforcement, and public vigilance and reporting structures, amongst others. Be that as it may, South Africa is battling the scourge of corruption and other self-serving behaviours, often amongst the upper echelons of governing power, as demonstrated by the State capture. Some of the acts of corruption stems from the very same institutions that are meant to be the upper guardians of law and order. Numerous corrupt practices occur almost daily, including but not limited to fraud, bribery, extortion, nepotism, conflict of interest, cronyism, favouritism, theft, fronting, embezzlement, influence-peddling, insider trading/abuse of privileged information, bid-rigging and kickbacks and money laundering. The list is not exhaustive. Based on the findings of this study, numerous recommendations and /or suggestions are made. The value of the study lies in the contribution it makes in South Africa’s fight against corruption to become comparable to countries whose corruption perception index is all time favourable, such as Botswana, Seychelles, Hong Kong and Singapore. / Criminology and Security Science / D. Litt. et Phil. (Criminal Justice)

This study evaluated money laundering investigation conducted at the Financial and Asset Forfeiture Investigation (FAFI) Unit of the Directorate for Priority Crime Investigation (DPCI) in Pretoria. Data were collected through semi-structured interviews conducted with financial and asset forfeiture investigators attached to the DPCI who are responsible for investigating money laundering. From the results of this study, it became apparent that participants experience a number of challenges in the investigation of money laundering. This study makes recommendations that could empower investigators at the FAFI of the DPCI with enhanced skills and knowledge to effectively investigate cases of money laundering. / Criminology and Security Science / M.A. (Criminal Justice--Forensic Investigation)

This study was conducted as a result of the various media reports, various law enforcement investigation reports, Public Service Commission, reports of the Auditor General South Africa and the Public Protector South Africa on corruption and the various forms in which corruption manifests itself in the City of Tshwane Metropolitan Municipality and the effectiveness of the various law enforcement agencies and the government in tackling the scourge of corruption in public and private institutions. While South Africa has various anti-corruption strategies, they all seem to be ineffective and have thus far not achieved their desired results. A qualitative research approach was used to investigate this problem. A thorough literature study and documentary analysis was used to gather all the relevant data related to this topic. It has been found that the most common manifestations of corruption that take place in the South African public service are fraud, bribery, extortion, nepotism, conflict of interest, cronyism, favouritism, theft, graft, embezzlement and abuse of power. Other forms of corruption that raise concern are, for example, influence-peddling, insider trading/abuse of privileged information, bid-rigging and kickbacks. South Africa has, on the other hand, seven anti-corruption institutions and seventeen pieces of legislation which are intended to combat corruption in the public and private sector. These pieces of legislation give South African law enforcement and investigators in the public and private sectors a clear mandate with a view to investigating the high levels of corruption. It is the submission of the Public Service Commission (2011:vi) that corruption has become a global concern that seriously hampers development in any country and diverts its resources from where they are needed the most. The most unfortunate truth and reality about corruption is that the poor suffer the most. / Criminology and Security Science / M. Tech. (Forensic Investigation)

This study was conducted as a result of the various media reports, various law enforcement investigation reports, Public Service Commission, reports of the Auditor General South Africa and the Public Protector South Africa on corruption and the various forms in which corruption manifests itself in the City of Tshwane Metropolitan Municipality and the effectiveness of the various law enforcement agencies and the government in tackling the scourge of corruption in public and private institutions. While South Africa has various anti-corruption strategies, they all seem to be ineffective and have thus far not achieved their desired results. A qualitative research approach was used to investigate this problem. A thorough literature study and documentary analysis was used to gather all the relevant data related to this topic. It has been found that the most common manifestations of corruption that take place in the South African public service are fraud, bribery, extortion, nepotism, conflict of interest, cronyism, favouritism, theft, graft, embezzlement and abuse of power. Other forms of corruption that raise concern are, for example, influence-peddling, insider trading/abuse of privileged information, bid-rigging and kickbacks. South Africa has, on the other hand, seven anti-corruption institutions and seventeen pieces of legislation which are intended to combat corruption in the public and private sector. These pieces of legislation give South African law enforcement and investigators in the public and private sectors a clear mandate with a view to investigating the high levels of corruption. It is the submission of the Public Service Commission (2011:vi) that corruption has become a global concern that seriously hampers development in any country and diverts its resources from where they are needed the most. The most unfortunate truth and reality about corruption is that the poor suffer the most. / Criminology and Security Science / M. Tech. (Forensic Investigation)