Commercial Branch

Commercial Crime I:

This module contains basic content concerning the following:-

• An overview of fraud, the consequences of fraud and the impact on the economy
• A study of the offence fraud, the definition and elements of the crime including legal opinions and relevant case law
• An introduction to cheques and the legislation governing the use and issue of cheques
• The investigation of cheque fraud, kite-flying, card fraud, counterfeit currency and theft as relates to the Commercial Branch.

Law of Criminal Procedure:

The content of this module is as follows:-

• Search and seizure
• Sections 20 to 36 of the Criminal Procedure Act are covered concerning search, seizure entering of premises, wrongful search and disposal of seized articles
• Accused at court
• Sections 39 to 56 of the Criminal Procedure Act are covered concerning arrest, summons and written notice
• Bail
• The applicable sections are covered including a step by step bail process
• Police actions
• Section 252A and the admissibility of evidence obtained
• Interception and monitoring
• Section 2 of the Prohibition of interception and monitoring act
• Affidavits
• Section 5, 6 and 7 of Act 16 of 1963 concerning Commissioners of Oaths

Documentary evidence

The following sections of the Criminal Procedure Act are covered-

• Section 212: Proof of certain facts by affidavit or certificate
• Section 213: Proof of written statement by consent
• Section 221: Admissibility of trade or business records
• Section 231: Evidence of signature of public officer
• Section 232: Admissibility of photograph of article
• Section 233: Proof of public documents
• Section 234: Proof of official documents
• Section 236: Proof of entries in accounting records and documentation of banks
• Section 236A: Proof of entries in accounting records and documentation of banks in countries outside the Republic
• Section 205: Judge, regional court magistrate or magistrate may take evidence as to alleged offence

Banking systems:

The module consists of the following:

• Cheque accounts

The opening of cheque accounts, printing of cheque books and issuing of cheque for payment.

• Electronic transactions

The procedure for processing the following:-

• Internet transactions
• Computer transactions
• Telephone transactions
• Script transactions
• Internal bank transfers
• Telegraphic transfers
• Stop orders
• Debit orders and magnetic tape transactions
• Processing of card transactions
• Foreign instruments

The procedure and processing of the following foreign instruments

• Travellers’ cheques
• Bank drafts
• Letters of credit
• Bills for collection
• S.W.I.F.T transactions

Information Technology:

(Currently being updated)

The module contains information on specific information technology devises. The basic operation of these devised and the identification of these devises. These devises include, amongst others data storage devises, input and output devises, character recognition devises, date communication systems (networks).

Desktop publishing is covered and devises use to copy credit cards.

The investigation of these crimes is discussed together with section 71 of the South African Police Service Act.

Witness Testimony:

The following topics are covered in this module:

• Admissibility and relevance of evidence
• Hearsay evidence
• Giving evidence
• Refreshing of memory
• Cross examination
• Witness statements (requirements of a good statement including language and content)

Questioned Documents:

This module was developed for the purposes of investigating officers dealing with questioned documents and the following is covered:-

• The purpose of, and examinations done by the Questioned Document Unit of the South African Police Service
• The collection of specimen writing
• Typewriting comparisons
• Handling and preservation of documents
• Marking packaging and forwarding of documents to the Questioned Document Unit of the Forensic Science Laboratory
• Evidence in court

Legal Research:

The aim of this module is to enable learners to be in a position to find legislation and the following is covered.

• Law and legal history
• Where to find the law
• Interpretation of legislation/statutes
• Interpretation of case law
• Practical guidelines to legal research

Constitutional Law:

This module covers the basic aspects of the constitution that are of interest to members of the Police Service:

• General constitutional principles for the Police Service
• Police conduct and the bill of rights
• Law enforcement functions and fundamental rights

Commercial Crime Scene:

The aim of the module is to educate the learner with regard to the attending and control of a Commercial Crime Scene.

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Commercial Crime II:

The module is an advance module dealing with the following investigations:-

• Card Crimes
• Asset base finance fraud
• Investment and insurance fraud
• Counterfeit currency
• Kite-Flying
• Medical scheme fraud
• Airline fraud
• Forgery and uttering
• The elements of the crime are dealt with more in-depth than on the Commercial Crime I module

The different modus operandi and the investigations thereof, concerning the above are dealt with in detail

Corruption:

(Currently being updated to fully address the new Combating of Corrupt Activities Act, 2004.)
The interpretation and investigation of applicable sections and specifically section 34 of Act 12 of 2004.

Investigation Aids and Resources

This module informs learners of difference aids and resources that are available to the Commercial Branch specifically and the value that each of these aids and resources can add to the investigation for example, securities exchange, organize business, international chamber of commerce and various government departments.

Pro-active Policing

The content of the module covers pro-active policing within the commercial crime sphere and the following is covered.

• Fundamental policing principles
• The causes of Commercial Crime
• Victims of Commercial Crime – Individuals, organizations, state, economy
• Prevention of Commercial Crime – responsibility, crime threat analysis, SWOT analysis
• Prevention in practice - Pro-active measures

Investigation Management

This module relates to the different levels of management within the Commercial Branch and covers the following:

• An introduction to management – the basic principles of management are dealt with
• Managing a Commercial Branch – the position and role of the commander
• Managing the office of an investigating officer – planning and time management
• The management of a commercial crime investigation – the phases of an investigation are dealt with

Commercial Crime Operations

This module deals with the planning, compiling and execution of a commercial crime operation. The following are covered:-

• Gathering operational information
• Surveillance and counter surveillance
• Planning, compiling and executing the operation

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Criminal Procedure II

The content of this module deals with the trail phase of the investigation and the following content is covered:

• The charge – section 100 and 102
• Conduct of proceedings – section 115 – 117 and section 171 – 173
• Witness at court – section 79 – 87 – process for securing the attendance of witnesses at court
• Competency due to state of mind – section 194 – 199 and section 204, 243 and 257
• Sentence – section 274 – evidence on sentence
• Compensation and restitution – section 300, 332, 335, 342A

Intellectual Property Rights

The following acts and the investigation of offences created by these acts are dealt with

• Merchandise marks Act, 1941 (Act no 17 of 1941)
• Patents act, 1978 (Act no 57 of 1978)
• Copyright Act, 1978 (ct no 98 of 1978)
• Counterfeit Goods Act, 1997 (Act no 37 of 1997)

Law of Evidence

The concepts governing the law of evidence are dealt with and the following is a brief description of the content of this module.

• General concepts – Onus of proof, onus of rebuttal, burden of proof, probative value
• Corroboration – means and characteristics of corroboration
• Judicial notice
• Admissions and confessions
• Competence and compellability
• Giving oral evidence
• Real evidence – forms and presentation thereof
• Documents – private, official, public documents
• Authentication of documents – evidence of signature of public officer, proof of public and official documents, authentication of entries in accounting records and documents of banks
• Photographs, tape recordings, films and videos – admissibility of these exhibits
• Previous consistent statements – relevance and admissibility
• Similar facts – admission of similar facts
• Opinion evidence
• Evidence of character
• Hearsay evidence
• Exclusion of relevant evidence
• Cautionary rules
• Refreshing of memory

Commercial Crime - Statutory Offences I

Statutory provisions that form part of the terms of reference of the Commercial Branch, which document has been provided separately to the Commission are dealt with and related statutes are grouped together for learning purposes. The following groupings are dealt with in this module:

• Agriculture
• Banking and currency
• Courts
• Debtor and creditor
• Estates
• Insurance
• Land
• Legal Practitioners
• Trust and trustees
• Weights, measures and standards
• Welfare organizations
• Business names

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DEVELOPERS

The developers that are made use of to develop the Commercial Branch curriculum are all specialists in their respective fields. The development of the Commercial Branch Learning program was done in collaboration with Business Against Crime and donor funding. Employees of various financial institutions, private advocates, advocates from the SAPS Legal Services, professors from different Universities, and members of the South African Police Service, Commercial Branch with many years of experience in specific fields were developers of this curriculum. Examples of these developers are as follows:-

• Advocate Tony Hawkins – private
• Advocate Kobie Strydom LLM– SAPS Legal Service
• Advocate Andre Wagner – SAPS Legal Service
• Professor Strydom – University of the Free State
• Professor Louis de Koker – RAU
• Superintendent Jerome Hicken – LLM – Commercial Branch
• Direction JGJ Nortje – MBA – Commander Serious Economic Offences Unit
• Assistant Commissioner Meiring – The Head: Commercial Branch
• Mr Douglas Tuck – Banker/ABSA Bank

PRESENTERS

The legal subjects within this curriculum are presented by competent presenters from the South African Police Service, Legal Service, private attorneys or private advocate that avail their services to the South African Police Service. Modules relating to banking are presented by employees of the various banks in South Africa. Practical subjects are presented by members of the Commercial Branch with the necessary experience and insight in specific fields. Other subjects for example Introduction to Information Technology are presented by specialist in the field either in the Police or private sector.

FURTHER DEVELOPMENT

A representative from UNISA approached the Head: Commercial Branch and enquired as to the possibility of UNISA presenting the Level III program as a diploma at their institution. Because of the sensitive nature of the content, it is not possible to present it at a higher qualification as higher qualifications are open to the public. These negotiations are in progress.

It need be mentioned at this stage that all the investigators who made up the Office for Serious Economic Offences were members of the Commercial Branch before they were taken up in the DSO. Thereafter the South African Police Service managed to re-establish this capacity within the South African Police Service as the Serious Economic Offences Unit. (Under the command of Director JGJ Nortjé who has a MBA and is a former lecturer from the University of Potchefstroom).
A document has already been submitted to the Commission containing a comparison of the successes of the Commercial Branch/Serious Economic Offences Unit of the SAPS, which illustrates how the Commercial Branch, which compares in size and the type of cases which should be investigated by the DSO, outperformed the DSO, whilst being under South African Police Service command, but with close cooperation of prosecutors under the DPP.

It need to be mentioned at this stage that all the investigators who made up the Office for Serious Economic Offences were members of the Commercial Branch before they were taken up in the DSO. Thereafter the SAPS managed to re-establish this capacity within the SAPS as the Serious Economic Offences Unit. From the attached document it is clear that the Commercial Branch, which compares in size and the type of cases, which should be investigated by the DSO, outperformed the DSO, whilst being under SAPS command, but with close cooperation of prosecutors under the DPP. The cases investigated by the Commercial Branch /Serious Economic Offences Unit include some of the biggest possible commercial crime cases.

Examples of complicated cases investigated/under investigation are the following:

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