LL.M. (Labour Law) / Commentators have warned that when men are given absolute control over their fellow men, there is the danger that what appeared pragmatically desirable may become morally intolerable. The current usage of polygraph testing by employers undoubtedly confirms this. In what follows, it will be argued that there is a serious shortcoming in South African law in that there is no legislative framework that governs and regulates the use of polygraph testing in the workplace. It is fairly likely that many South African employers will at some time be faced with dishonesty or criminal activities, such as fraud or theft, without accurately being able to identify where, how, and by whom such dishonesty was committed. If dishonesty and criminal activities are not properly managed, there may be adverse ramifications. As a result, many employers have opted to insert a clause in the employment offer and employment contract that relates to security obligations on the part of the employees or prospective employees. The clause would normally read as follows: “The company may request that you subject yourself to a polygraph test before commencement of employment or if an incident has occurred or and random testing during your period of employment with the Company. The employee hereby declares that he is aware of the company polygraph policy and accepts that this policy as a term and condition of his employment. The employee undertakes to comply with the said policy in all respects and acknowledges that he is bound thereby”. Magna Alloys & Research v Ellis introduced a significant change to the Courts’ approach to restraint of trade agreements by declining to follow earlier decisions based on an English precedent that an agreement in restraint of trade is prima facie invalid and unenforceable. The implication of this decision is that a right to choose a trade, occupation, or profession freely may

This research was initiated as a result of the ever-evolving sophistication of criminal syndicates in their perseverance of organised crime and their use of electronic covert methodologies. Based on the researcher’s extensive managerial and operational experience, and on his unofficial observation of prosecutors, investigators and intelligence operatives, it became clear to him that there is a lack of evidence in court regarding serious and organised crime prosecutions. This can be attributed to the lack of use of investigative techniques, or investigative techniques being incorrectly used and/or a lack of knowledge regarding the use of investigative techniques. One such example of an investigative technique is surveillance or electronic surveillance. In this research study, the use and legality of electronic surveillance as a technique in the fight against organised crime, is discussed. Both national and international literature have been perused on the topic in question. Interviews were conducted with experienced former SAPS officers who were exposed to the use of electronic surveillance in the investigation of organised crime, as well as interviews with prosecutors, outlining the positive attributes of, as well as the shortcomings in, the use of electronic surveillance as an investigative tool in the investigation of organised crime. Surveillance or electronic surveillance has been in existence for a long period of time, but its usage or “know how” has been limited to only a few. The main purpose of the research is to highlight the importance of electronic surveillance as a covert technique in the investigation of organised crime. / Criminology and Security Science / M. Tech. (Criminal Justice)

MSc (Zoology) / Department of Zoology

The researcher attempts to establish how CCTV footage can be used as a surveillance technique, for evidence gained in that way to be admissible in court. To conduct effective investigation, it is important for investigators to be familiar with the application of CCTV footage, its purpose, its benefits and shortfalls. To achieve the goals and objectives of the practice of CCTV footage, investigators must know how to utilise the value of its evidence, and how to use it to identify suspects. The clarification and application to the crime situation, the identification of the perpetrator or suspect of a criminal act is mostly impossible, if CCTV footage is not available to assist in identification and tracing of suspects. / Police Practice / M. Tech. (Forensic Investigation)

The problem that the researcher encountered was that forensic investigators were found not to be formally using offender profiling as an investigative technique during investigations into fraud. This research was conducted to ascertain how offender profiling may be useful in expediting the forensic investigation process. The purpose of this research was to establish what offender profiling is, and what aspects or ingredients constitute such an offender profile. As offender profiles will serve as an aid in future forensic investigations into fraud, this study attempted to create an understanding and awareness of the value of offender profiling. In order for forensic investigators to use offender profiling during routine fraud investigations, it is extremely important that they understand the concept and its practical implementation. The overall purpose of this study is to provide practical recommendations for the implementation and use of offender profiling to forensic investigators both in the public and private sectors. / Criminal and Procedural Law / (M.Tech. (Forensic Investigation))

Text in English / The research attempts to establish the significance of bank records analysis as a technique in tracing fraud suspects. The purposes of conducting this research was to establish the current approach by the investigators of the SAPS in respect of bank records analysis in tracing fraud suspects; to explore and report on the findings of national and international literature in an attempt to find new information thereby improving the current method of bank records analysis and its specific use in tracing fraud suspects; and to make new information, in the form of written articles and this dissertation, available to the SAPS to be considered for inclusion in the training curriculum for their investigators. In collecting data, the researcher used literature study, interviews with individual participants and case dockets analysis. Essentially, the recommendations were drawn from the conclusions of the data obtained. These recommendations may offer solutions to the problem identified. / Criminology and Security Science / M. Tech. (Forensic Investigation)

The problem that the researcher encountered was that forensic investigators were found not to be formally using offender profiling as an investigative technique during investigations into fraud. This research was conducted to ascertain how offender profiling may be useful in expediting the forensic investigation process. The purpose of this research was to establish what offender profiling is, and what aspects or ingredients constitute such an offender profile. As offender profiles will serve as an aid in future forensic investigations into fraud, this study attempted to create an understanding and awareness of the value of offender profiling. In order for forensic investigators to use offender profiling during routine fraud investigations, it is extremely important that they understand the concept and its practical implementation. The overall purpose of this study is to provide practical recommendations for the implementation and use of offender profiling to forensic investigators both in the public and private sectors. / Criminal and Procedural Law / (M.Tech. (Forensic Investigation))

Text in English / The research attempts to establish the significance of bank records analysis as a technique in tracing fraud suspects. The purposes of conducting this research was to establish the current approach by the investigators of the SAPS in respect of bank records analysis in tracing fraud suspects; to explore and report on the findings of national and international literature in an attempt to find new information thereby improving the current method of bank records analysis and its specific use in tracing fraud suspects; and to make new information, in the form of written articles and this dissertation, available to the SAPS to be considered for inclusion in the training curriculum for their investigators. In collecting data, the researcher used literature study, interviews with individual participants and case dockets analysis. Essentially, the recommendations were drawn from the conclusions of the data obtained. These recommendations may offer solutions to the problem identified. / Criminology and Security Science / M. Tech. (Forensic Investigation)

This research is concerned with the value of the Automated Fingerprint Identification System (AFIS) as a technique in the identification of suspects. A problem was identified in the withdrawal of cases where suspects had been identified by means of fingerprints. The study attempted to determine the value of AFIS in the identification of suspects, to find new knowledge that could improve the situation and suggest ways to apply this knowledge to enhance the performance of AFIS experts, criminal investigators and the prosecution in a court of law. The study adopted a multi-method approach to data collection, with the researcher using a literature review, docket analysis and interviews with AFIS experts from Limpopo Province as his sources of data. The results of the study showed that AFIS is a valuable system for the identification of fingerprints in that it is fast and accurate but that in South Africa AFIS experts encounter a number of challenges with the system. The main challenges identified were the potential for the system to be attacked by computer hackers; the slowness of creating an SAPS 69 record, particularly when dealing with prints of poor quality; which leads to cases being closed where AFIS experts’ evidence is not tested/accepted; and the fact that in South Africa AFIS is not applied across government departments, which would allow a more comprehensive database. On the basis of these findings, the study recommends that steps be taken to improve the quality of prints taken at crime scenes, that attention be paid to speeding up the process of dealing with the relevant SAPS 69 records, that investigators and prosecutors be informed about the AFIS process and that the AFIS database be extended to include the fingerprints of all South Africans and immigrants to the country. Lastly, the study suggests that the databases of government departments such as Home Affairs, Public Works Roads & Transport and Safety Security & Liaison (Traffics) be combined to form one national database. / Police Practice / M. Tech. (Forensic Investigation)

In this study the main focus of the researcher was to analyse a cheque to identify crime. This study intends to give the forensic investigator a guideline to follow during the analysis of a cheque under investigation. Crimes that could be detected during the analysis of a cheque are fraud, forgery and uttering. Other aspects were also explained to ensure a better understanding of the study, namely: forensic investigation, forensic investigator, identification and crime scenes. Forensic investigation is a systematic search for the truth with the primary purpose of finding a positive solution to a crime. Forensic investigation is not a game of chance, or based on storybook types of coincidences. Therefore, forensic investigators cannot rely on coincidental success to come their way. It is true that luck sometimes plays a role in forensic investigations, but it is the thorough investigator who creates his/her own opportunities and arrives at the right place at the right time. In order for a forensic investigator to strive for excellence, he/she must have a good knowledge of his/her field of work. It is important for the forensic investigator to understand that identification plays an important role in forensic investigation. An additional benefit is derived when one can individualise something because it makes the identification much more valuable. All crime scenes should furthermore be managed in such a way that all physical evidence can be collected in order to ensure successful prosecution and conviction in a court of law. It is the belief of the researcher that because cheques are not acknowledged as crime scenes and therefore not properly handled or protected, many investigations fail in court and the accused are acquitted. / Criminology / M. Tech. (Forensic Investigation)