1. What is an Investigating Director?
(a) means a Director of Public Prosecutions appointed under section 13 (1) (b) as the head of an Investigating Directorate established in terms of section 7 (1); and
(b) in Chapter 5, includes any Director referred to in section 13 (1), designated by the National Director to conduct an investigation in terms of section 28 in response to a request in terms of section 17D (3) of the South African Police Service Act, 1995 (Act 68 of 1995), by the Head of the Directorate for Priority Crime Investigation.
2. What is an Investigating Directorate (ID)?
It means an Investigating Directorate established by or in terms of section 7
3. How do I report cases to the ID?
Section 27 of the NPA Act requires any person wishing to report a matter to the Investigating Director, to meet the following requirements:
- he or she must report the matter by means of an affidavit or affirmed declaration specifying-
- the nature of the suspicion;
- that the suspicion relates to a specified offence, (i.e. an offence that falls within the range of matters set out in the proclamation);
- the reasonable grounds upon which the suspicion that a specified offence has been or is being committed or that an attempt has been or is being made to commit such an offence is based; and
- all other relevant information known to the declarant.
4. At what point will ID conduct an Investigation?
An investigation will only be conducted under the auspices of the ID if the Investigating Director has formally authorised an investigation into a matter in terms of section 28(2).
5. What are the common law offences?
Fraud is a knowing misrepresentation of the truth or concealment of a material fact to induce another to act to his or her detriment. In simple terms it means when someone tends to deceive others, by making false claims or statements .This can best be described as being dishonest.
5.2 Forgery and uttering
Forgery involves unlawful and intentional making of a false document to the actual or potential prejudice of another. Whereas, uttering consists of unlawfully and intentionally passing off a false document (forged) to the actual or potential prejudice of another.
Theft can be described as the dishonest taking of property belonging to another person with intention of depriving the owner permanently of its possession.
5. What is an affidavit
An affidavit is a sworn written statement, which is made voluntarily under oath, administered by an authorized person. In simple terms It is a statement under oath that gives account of an incident or events. The administration thereof is performed by a police officer or a person that has the authority to do so, e.g., commissioner of oath.