(LLM) North West University, Mafikeng campus, 2005

With the establishment of the Directorate of Special Operations (Scorpions), the Asset Forfeiture Unit (AFU), the Special Investigating Unit (SIU) and the Departmental Investigating Unit (DIU), questions were asked as to whether this is a creation of new units of the Police Service. These questions were exaggerated by the fact that the media uses the term "Scorpions" whenever the Scorpions, the AFU, SIU and the DIU perform their functions. South African legislation that governs organised crime does not demarcate activities to be dealt with by the SAPS, AFU, DIU, Scorpions and the SIU. The Constitution of South Africa lays down the objects of the police, but it is silent about the objectives of the Scorpions, AFU, SIU, DIU and other investigative institutions except that it only mentions the creation of a single National Prosecuting Authority (NPA). A literature study was used as the basis for this study. In addition, unstructured interviews and observation were used to gather evidence from the relevant stakeholders. An analysis of the SAPS Detective Service, the Special Investigating Unit (SIU), the Scorpions, the Departmental Investigating Unit (DIU) of the Department of Correctional Services and the Asset Forfeiture Unit (AFU), was done in order to establish the overlapping of functions. Indeed, overlapping was discovered between the Scorpions and the SAPS Detective Service, the AFU and the SIU, as well as between the SAPS and the DIU. In order to make a proper finding, an analysis was done of anti-corruption agencies in Botswana, Nigeria, Malawi and Hong Kong. The findings indicate that the better way of fighting corruption, fraud, economic and financial crimes, is through the establishment of a single agency that will work independently from the police, with a proper jurisdiction. / Criminology / D.Litt. et Phil.(Police Science)

published_or_final_version / Public Administration / Master / Master of Public Administration

Thesis (M.P.A.)--University of Hong Kong, 1994. / Includes bibliographical references (leaves 159-167).

Thesis (M.P.A.)--University of Hong Kong, 1994. / Includes bibliographical references (leaves 159-167). Also available in print.

With the establishment of the Directorate of Special Operations (Scorpions), the Asset Forfeiture Unit (AFU), the Special Investigating Unit (SIU) and the Departmental Investigating Unit (DIU), questions were asked as to whether this is a creation of new units of the Police Service. These questions were exaggerated by the fact that the media uses the term "Scorpions" whenever the Scorpions, the AFU, SIU and the DIU perform their functions. South African legislation that governs organised crime does not demarcate activities to be dealt with by the SAPS, AFU, DIU, Scorpions and the SIU. The Constitution of South Africa lays down the objects of the police, but it is silent about the objectives of the Scorpions, AFU, SIU, DIU and other investigative institutions except that it only mentions the creation of a single National Prosecuting Authority (NPA). A literature study was used as the basis for this study. In addition, unstructured interviews and observation were used to gather evidence from the relevant stakeholders. An analysis of the SAPS Detective Service, the Special Investigating Unit (SIU), the Scorpions, the Departmental Investigating Unit (DIU) of the Department of Correctional Services and the Asset Forfeiture Unit (AFU), was done in order to establish the overlapping of functions. Indeed, overlapping was discovered between the Scorpions and the SAPS Detective Service, the AFU and the SIU, as well as between the SAPS and the DIU. In order to make a proper finding, an analysis was done of anti-corruption agencies in Botswana, Nigeria, Malawi and Hong Kong. The findings indicate that the better way of fighting corruption, fraud, economic and financial crimes, is through the establishment of a single agency that will work independently from the police, with a proper jurisdiction. / Criminology and Security Science / D.Litt. et Phil.(Police Science)

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 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 primary goal of this study is firstly to analyse the Fraud Prevention Policy and Strategy, the Policy on Protection of Whistle-Blowers, and the Policy Document on Forensic Audit Process of the Department of Trade and Industry (DTI) in order to establish the reason for the ongoing spate of fraudulent and corrupt activities among employees within the DTI Head Office, regardless of the relevant policies put in place. Secondly, another goal is also to establish other reasons that could be linked to the reoccurrence of fraudulent and corrupt activities within the DTI. During the research survey questionnaires were administered to employees of the DTI. Furthermore, online interviews were conducted with a purposively selected sample within two divisions of the DTI. In addition, a literature study was conducted to acquire relevant information and perspectives from available national and international literature. Various objectives were fulfilled in this study as follows:  It was established whether the reporting of internal or external fraud and corruption and the relevant policies put in place contribute in any manner to the prevention of fraudulent and corrupt activities at the Department of Trade and Industry's national office.  It was determined if there is a policy document on measuring these policies after they have been implemented.  It was determined how the Department of Trade and Industry's national head office addresses fraud and corruption. Other possible reasons for the Department of Trade and Industry employees' lack of reporting fraud and corruption in their departments, other than the fear of being victimised, were identified.  The views and opinions on the internal reporting of fraud and corruption were determined.  The degree of awareness of the investigative procedures related to fraud and corruption among the Department of Trade and Industry management and their employees were determined.  It was established if employees have faith in the Department of Trade and Industry's investigative procedures to fraud and corruption.  The extent of knowledge on the importance of reporting fraudulent and corrupt activities in the DTI were established.  Feedback to help minimise fraud and corruption within the Department of Trade and Industry and improve future strategies was provided. This study contributes to the knowledge base with regard to fraud and corruption within the Department of Trade and Industry. / Criminology and Security Science / M. Tech (Policing)

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)