Sec 34 Reporting guide | DPCI (Directorate for Priority Crime Investigation)
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Sec 34 Reporting guide
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
 
What to report:
 

Corruption:

Chapter 2 of the Prevention and Combating of Corrupt Activities Act, 2004 (Act 12 of 2004) defines corruption as;

any person who gives or accepts or offers to give or accept any gratification amounting to an unauthorised or improper inducement to act or not to act in a particular manner using is guilty of an offence.

 
Common law offences under Section 34 of the Prevention and Combating of Corrupt Activities
Theft: It consists of the unlawful appropriation of moveable corporeal property belonging to another with intent to deprive the owner permanently of the property.
 
Fraud: It is the unlawful and intentional making of a misrepresentation which causes actual prejudice or which is potentially prejudicial to another.
 
Extortion: It consists of taking from another some patrimonial or non-patrimonial advantage by intentionally and unlawfully subjecting that person to pressure which induces him or her to submit to the taking.
 
Forgery: Forgery consists of unlawfully and intentionally making a false document to the actual or potential prejudice of another.
 
Uttering of forged document: Uttering consists of unlawfully and intentionally passing off a false document (forged) to the actual or potential prejudice of another;
 
These offences must involve an amount of R100,000.00 or more.
 
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.
 
Where to report:
 
As amended by the South African Police Service Amendment Act, 2012 (Act 10 of 2012), reporting should be made to the police official in the Directorate for Priority Crime Investigation in terms of Section 34(1) of the Prevention and Combating of Corrupt Activities Act, 2004 (Act 12 of 2004).
 
Responsibility of the reporting person/whistleblower
 

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Go to or contact the Directorate for Priority Crime Investigation (“DPCI”) office through the Email or Fax number provided on the website
 

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A telephonic communication should be used as the last resort for reporting
 

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Provide the compulsory critical information to the designated member of the Central Reporting Office as contained in the prescribed form:
  1. Identification
  2. Contact Details
  3. Position of authority
  4. Allegation(s)
  5. Details of person(s) involved in the alleged commission of the offence(s).
 
Responsibility of the South African Police Service members at the Community Service Centre level
 

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A police officer at the police station may refer the reporting person/whistleblower wishing to report a case under Section 34 of the Prevention and Combating of Corrupt Activities Act, 2004 (Act 12 of 2004) to the Directorate for Priority Crime Investigation offices.
 

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The police officer must enquire if the reporting person/whistleblower wishes to open a criminal case.
 

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If a reporting person/whistleblower needs to report the criminal case with a Section 34 involved, a police officer can take down a statement and register a criminal case before referring the reporting person/whistleblower to the Directorate for Priority Crime Investigation offices.
 
Role of the Central Reporting Office within Directorate for Priority Crime Investigation (“DPCI”)
 

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Assess the report
 

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Take down the report in a format of the form provided
 

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Register the report in the Directorate for Priority Crime Investigation database
 

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Allocate a unique reference number to the reporting person
 

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Allocate the case to the relevant Anti-Corruption Task Teams for preliminary investigation
 
 
Forms:
 
- Taking down of report contemplated in Section 34(3)(a) of the prevention and combating of corrupt activities act, 2004 English | Afrikaans
- Acknowledgement of receipt in terms of Section 34(3)(a) of the prevention and combating of corrupt activities act, 2004 English | Afrikaans
 
ooOoo

 

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