The Directorate for Priority Crime Investigation

Sec: 34 - Reporting guide (who)


The former National Head of the Directorate for Priority Crime Investigation, General Anwa Dramat has approved the following guidelines:

(See the notice as published in Government Gazette)

DUTY TO REPORT:

Section 34 places the duty on certain persons to report certain offences. Failure to report is an offence


WHO MUST REPORT

According to section 34(1) of the Act, any person who holds a position of authority (defined in section 34(4) of the Act), who knows or ought reasonably to have known or suspected that any other person has committed an offence (of corruption) in terms of sections 3 to 16 or 20 to 21 of the Act or theft, fraud, extortion, forgery or uttering of a forged document involving an amount of R100 000,00 or more, must report such knowledge or suspicion or cause such knowledge or suspicion to be reported to any police official.

Section 34(2) of the Act provides that any person who fails to report such corrupt activities is guilty of an offence. The following are the people who must report:


  • the Director-General or head, or equivalent officer, of a national or provincial department;
  • in the case of a municipality, the municipal manager appointed in terms of section 82 of the Local Government: Municipal Structures Act, 1998 (Act No. 117 of 1998);
  • any public officer in the Senior Management Service of a public body;
  • any head, rector or principal of a tertiary institution;
  • the manager, secretary or a director of a company as defined in the Companies Act, 1973 (Act No. 61 of 1973), and includes a member of a close corporation as defined in the Close Corporations Act, 1984 (Act No. 69 of 1984);
  • the executive manager of any bank or other financial institution;
  • any partner in a partnership;
  • any person who has been appointed as chief executive officer or an equivalent officer of any agency, authority, board, commission, committee, corporation, council, department, entity, financial institution, foundation, fund, institute, service, or any other institution or organisation, whether established by legislation, contract or any other legal means;
  • any other person who is responsible for the overall management and control of the business of an employer; or
  • any person contemplated in paragraphs mentioned above, who has been appointed in an acting or temporary capacity.