Tax crimes, money laundering and other financial crimes threaten the strategic, political and economic interests of developed and developing countries. The problems encountered by the researcher, is the broad and vague meaning of financial crime compounded by the confusing and ill-considered use of the term by law- and policymakers, politicians, government agencies, agency officials and practitioners weakening effective communication about the phenomenon. The literature shows that given the complexity and multi-faceted nature of financial crime, combating financial crime in all its facets cannot be undertaken by investigative agencies acting in isolation. This study was undertaken with the aim to describe and systematically categorise financial crime and evaluate the prospect of using a Whole-of-Government approach as a framework to harness the capacity of the existing government agencies to combat financial crime more effectively. The research was underpinned by a pragmatic paradigm allowing the researcher to apply a qualitative research methodology using an exploratory and evaluation research design. A detailed review of the literature available nationally and internationally was conducted to establish a conceptual and practical understanding of the issues under investigation. An interview schedule with predetermined questions was developed, pre-tested and administered to participants who are active practitioners involved in combating financial crime in the primary government agencies responsible for combating financial crime based on a purposive sample. The data obtained from the literature and participants were analysed, interpreted and thematically listed according to the frequency with the aim of identifying and comparing similarities and differences between the data. The data was used to develop a system to categorise financial crime systematically based on descriptors used to describe the meaning and application of the term financial crime and to propose practical methods practises and models to combat financial crime more effectively. This research indicates that financial crime can be systematically categorised according to descriptors of the unlawful conduct and that the whole of government approach is a viable approach to combat financial crime more effectively according to the available models for arranging Whole-of-Government work. / Police Science / D.Litt. et Phil. (Police Science)

The aim of this paper is to research how advanced accounting software can be used by police detectives, financial risk specialists and forensic investigation specialists, who are responsible for the investigation and tracing of the reintegration of proceeds of crime, from underground banking into formal banking system (pro active and reactive money laundering investigation) with a view on criminal prosecution. The research started of by looking at the basic ways how proceeds of crime are smuggled before it is integrated into the formal banking system. In that context, the phenomenon of Underground banking was researched. Currency smuggling, Hawala currency transfer schemes and the way in which it is used to move proceeds of crime were discussed in detail. Thereafter Formal banking and the way in which proceeds of crime is reintegrated from underground banking structures into formal banking systems were discussed. The use of advanced accounting software to trace the point where proceeds of crime are reintegrated into formal banking were researched extensively. Accounting software and investigative techniques on how to trace financial transactions which might be tainted with proceeds of crime were discussed. Accounting software which can be used on office computers such as laptops were discussed and more advanced automated systems which can be used to trace proceeds of crime transactions in the formal banking systems were also discussed. In specific, the investigative techniques on how to use these systems as investigative tools were discussed in great detail. This research paper gives a truly unique perspective on the financial investigative and analytical angle on proceeds of crime and money laundering detection. / Criminal Justice / M.Tech. (Forensic Investigation)

It is a well-known fact that criminals derive an income from their illegal activities, live lavish lifestyles, flaunt their wealth for all to see and acquire luxury goods. It is also a well known fact that criminals living from the proceeds of crime do not want to not want to keep financial records of their transactions or illegitimate business for fear of being detected by the authorities and to escape being taxed. It is also a known fact that criminals do not declare income from criminal activities for income tax purposes to the revenue authorities for fear of the illegal origin of the income being made known to the investigating authorities and law enforcement. During the investigation of financial crimes, such as tax evasion and money laundering, it may be required that the amount or value of money, income or assets accrued by a subject is determined in order to determine for instance their liability to pay tax. This research project examines the Net Worth method as an indirect method to circumstantially quantify income during the investigation of financial crime. / Police Practice / M.Tech. (Forensic Investigation)

The opening of a bank account serves as the genesis of a bank customer relationship. It is imperative that the establishment of a bank customer relationship be regulated by law. Both the common law and statutory law regulate the admission of new clients to the realm of banking. It is a minimum requirement, in terms of both statutory and common law, that the identity of a prospective client who wishes to open a bank account must both be established and verified. This, the need to know one’s customer, is not only good law but common sense and an effective measure to prevent criminals from accessing the banking system. Parties who work together must know each other. The need to establish and verify the identity of a potential customer is commonly referred to as the Know Your Customer standards, alternatively the Customer Due Diligence framework. The Know Your Customer standards are neither unique to South Africa nor have their origins in South Africa. The Know Your Customer standards are international standards which the Financial Action Task Force and the Basel Committee on Banking Supervision have been advocating for quite some time. A confluence of the Recommendations of the Financial Action Task Force and the Basel Committee on Banking Supervision greatly influenced the birth of the Financial Intelligence Centre Act in South Africa. The Financial Intelligence Centre Act 38 of 2001 prescribes the steps that a bank has to take in order to establish and verify the identity of a potential client. It will be shown in this dissertation that the identification and verification regime established by the Financial Intelligence Centre Act 38 0f 2001 and the common law are not fool proof. This dissertation makes recommendations on how the current loopholes that exist in the law can be addressed. / Mercantile Law / LLM

The aim of this study is to assess the multi-disciplinary approach in the investigation of corruption in the South African public service. Data was collected by means of in-depth interviews conducted with members of the Directorate for Priority Crime Investigation’s Anti-Corruption Task Team to gain a comprehensive understanding of their experiences regarding the effectiveness of the Anti-Corruption Task Team in the investigation of corruption within the public service. In addition, the researcher conducted a comprehensive literature study of local and international legislation to curb corruption, supplemented with various multi-disciplinary approaches employed internationally. Furthermore, various global Anti-Corruption Agencies were studied to comprehend their functions and efficacy. The findings of the research identified and described various impediments facing the Anti-Corruption Task Team’s effectiveness in investigating corruption within the public service. As a result, this study recommends the need to establish a single Anti-Corruption Agency with a comprehensive mandate to prevent, investigate, and educate on corruption, to critically safeguard the independence of the Anti-Corruption Task Team against political interference, as well as the allocation of adequate resources and budget for its effective operation. The research identified best practices globally to combat corruption, which can be used to amend the current anti-corruption practices to suit the South African public service. Consequently, this study contributes significantly towards effective anti-corruption investigation in the South African public service. / Maikemišetšo a dinyakišišo tše ke go lekola mokgwa wa go kopanya dikarolo tše mmalwa tša thuto go nyakišiša bomenetša ka ditirelong tša setšhaba tša Afrika Borwa. Data e kgobokeditšwe ka mokgwa wa dipoledišano tše di tletšego tšeo di dirilwego le maloko a Sehlophatšhomo sa Twantšho ya Bomenetša sa Ofisi ya Molaodimogolo wa Dinyakišišo tša Bosenyi bjo Bogolo go hwetša kwešišo ya maitemogelo a bona a go šoma ga Sehlophatšhomo sa Twantšho ya Bomenetša mo go nyakišišeng bomenetša mo ditirelong tša setšhaba. Go tlaleletše, monyakišiša o dirile dinyakišišo tše di tletšego tša dingwalwa tša peomolao ya gae le ya ditšhabatšhaba tšeo maikemišetšo a tšona e lego go fokotša bomenetša le mekgwa ya go kopanya dikarolo tše mmalwa tša thuto yeo e dirišwago ditšhabatšhabeng. Go tlaleletša, mekgatlo ya twantšho ya bomenetša bja lefase ya go fapana e nyakišišitšwe go kwešiša mešomo le mehola ya yona. Monyakišiši o utollotše le go hlaloša mapheko a go fapana go moholo wa dinyakišišo ka Sehlophatšhomo sa Twantšho ya Bomenetša mo bomenetšeng ka ditirelong tša mmušo. Ka lebaka leo, dinyakišišo di digela tlhokego ya go thoma mokgatlo o tee wa go lwantšha bomenetša wa taolela ye kgolo ya go thibela, go nyakišiša le go ruta ka ga bomenetša; go šireletša boikemelo bja sehlophatšhomo sa twantšho ya bomenetša le go thibela go tsenatsena ga dipolotiki; le go aba methopo yeo e lekanego le ditekanetšo gore e šome gabotse. Dinyakišišo di utollotše tirišo ye botse go feta ka moka lefaseng ka moka go lwantšha bomenetša, yeo e swanetšwego go mpshafatšwa go fihlelela dinyakwa tša ditirelo tša setšhaba tša Afrika Borwa. / Inhloso yalolu cwaningo ukuhlola inqubo ebandakanya amadisiplini ehlukene ukuphenyisisa ngenkohlakalo kwezezimali kumkhakha wabasebenzi bakahulumeni eNingizimu Afrika. Idata iqoqwe ngokwenza ama-interview ajulile enziwe nabethimba elilwisana nezinkohlakalo kwezezimali, i-Anti-Corruption Task team lwabophiko lwabenza uphenyiso lobugebengu obukhulu lwe-Directorate of Priority Crime Investigation ukuthola ukuqondisisa okujulile ngezipiliyoni zabo ngokusebenza ngendlela enomphumela kwethimba le-Anti-Corruption Task Team ekuphenyisiseni ngenkohlakalo kwezezimali kumkhakha wabasebenzi bakahulumeni. Nangaphezu kwalokho, umcwaningi uye wafunda ngokujulile ngemibhalo yocwaningo imibhalo yemithetho yezwe kanye nemithetho yamazwe omhlaba enenhloso yokulwisana nenkohlakalo kwezezimali, kanye nezinqubo ezihlanganisa amadisiplini ehlukene ezisetshenziswa kumazwe omhlaba. Nangaphezu kwalokho, ama-ejensi omhlaba alwa nezinkohlakalo nawo kwafundwa ngawo ukuqondisisa imisebenzi yawo kanye nemiphumela yemisebenzi yawo. Umcwaningi waphawula kanye nokuchaza izihibe ezihlukene maqondana nokusebenza ngendlela enomphumela kophenyisiso olwenziwa ngabethimba le-Anti-Corruption Task Team kwinkohlakalo kwezeziali emkhakheni wabasebenzi bakahulueni. Ngenxa yalokhu, ucwaningo luncoma isidingo sokuthi kusungulwe i-ejensi eyodwa enamagunya ajulile okuvimbela, ukuphenyisisa kanye nokufundisa ngezindlela zokulwa nenkohlakalo kwezezimali; ukuvikela ukuzimela kwethimba lokulwa nenkohlakalo kanye nokuvimbela ukuthi ithimba lingaphazanyiswa ngabezepolitiki; kanye nokuhlinzeka ngemithombo eyenele kanye namabhajethi ukuze ithimba lisebenze kahle ngendlela enomphumela. Ucwaningo luphawule izindlela ezingcono kuwo wonke umhlaba zokulwa nenkohlakalo kwezezimali, kanti futhi lezi zinqubo kumele zichitshiyelwe noma zihlelwe kabusha ukuhlangabezana nezidingo zomkhakha wabasebenzi bakahulumeni eNingizimu Afrika. Kanti-ke futhi emuva kwalokho, lolu cwaningo luthela esivivaneni kuphenyisiso olunomphumela lokulwa nenkohlakalo kwezezimali okwenziwa kumkhakha wabasebenzi bakahulumeni eNingizimu Afrika. / Criminology and Security Science / Ph. D. (Criminal Justice)