1. • CHAPTER ONE: FORENSIC INVESTIGATION
OF CRIME, IRREGULARITY AND
TRANSGRESSION
• Ms. Khanyisile Majola
• CFSD: 201
2. Introduction
The forensic investigation of a crime or an incident involves more than a mere
investigation. Forensic investigation is first of all a recognized science in its own
right. During the course of an investigation the natural sciences may play a
pivotal role in solving crime or incident, (DNA analysis), but human sciences also
play a role.
Investigating someone or something demands dedication and commitment to a
road of continuous learning because daily changes occur in the fields of
technology, legislation, policy and science.
The investigation of a crime or an incident necessarily also incorporates aspects
and elements from management discipline. Investigators need to know how to
manage their time, strategies correctly on time and implementation of the
resources to ensure they work accurately and ethically.
3. Context and terminology
The high crime rate is a reality and a major problem in South African
society. The investigation of crime is part of the answer to this problem.
For the purpose of this module, we will use the term forensic
investigation.
Crime Investigation is meant to include the investigation of a crime, a
transgression or an incident.
When we refer to an incident, it may include a crime or a transgression.
When we refer to a scene of incident, it is meant to include a crime
scene and the scene where the incident (which does not necessarily
constitute a criminal act) took place.
4. Context and terminology
Investigator refers not only a SAPS investigator (detective), but
also the statutory and corporate/private investigator.
Police implies the organized civil force of a state, concerned
with maintaining the law and order (SAPS)
Policing implies the policies, techniques and practice of a police
force in keeping order, preventing crime.
5. Society and the rules that
govern society
• Before discussing the principles relating to investigation, one needs
to first understand the context and environment within which an
investigation is conducted (South African context).
• There are many citizens whose conduct does not require ‘policing’,
some elements in society just do not seem able to conform to what
is required by law or policy and thus need policing.
• The police force is the primary role-player responsible for social
control, and as a result, to a greater extent, responsible for guiding
the conduct and activities of the citizenry than any other
government department.
6. Criminal versus
Civil Recourse
Scenario 1 Criminal or Civil?
Mrs. X is arrested by the police. During the arrest she is assaulted by
some of the police officers. After the arrest she is detained at the local
police station and then released without being charged. It later turns
out that the arrest was wrongful. The identity of the officer who carried
out the arrest Is known but unfortunately Mrs. X is not able to identify
the officers who assaulted her. Based on legal advice, Mrs. X decides not
to lay any criminal charges but to institute civil litigation against the
police. As a result, the wrongful behavior of the police officer involved
in the incident may be internally investigated by the police. They may
even decide to open a criminal case as a result of the incident.
7. Criminal or Civil Recourse
Scenario 2 Investigating an incident
Question: Does this scenario constitute a criminal or a civil recourse???
A security guard, who is tasked with the guarding of a building or premises, desert his post. During that
time a break-in and theft occurs at the premises. The police conduct a criminal investigation into the
break-in and theft. At the same time a private investigator is also mandated to investigate the incident,
which includes the criminal act as well as any transgression that might have taken place. The private
investigator will also look into the violation of duty by the guard, disciplinary procedures and the
possible civil liability of the security company.
The owner of the premises that were broken into may have suffered a substantial loss. That loss may
be recovered through civil litigation or other processes.
The police will attend to the criminal investigator regarding the break-in and theft. This will be done
from the criminal investigation perspective, which implies that the burden of proof is ‘beyond
reasonable doubt’. The private investigator may also be involved with some of the aspects relating to
the break-in and theft. He will hand over his findings to the police for inclusion in the criminal case
docket. The private investigator might also be tasked with investigating the disciplinary and civil
liability aspects. Disciplinary and litigation are civil processes and therefore the burden of proof is on
preponderance of probability.
8. Other transgressions and
incidents
Bear in mind that not all bad acts are necessarily crimes. Most companies and
businesses in SA have a set of rules that governs and guides conduct in the
workplace. This also includes legislative prescriptions. Basic conditions of
Employment Act 73 of 1997 is an important legislative framework that governs
employer/employee relations and interaction.
Company policy is another form of rules that govern the conduct of employer
and employees. These policies contain certain guidelines and prescriptions
about, among other things, working hours, conduct at work and the use of
company property.
A company can institute an investigation when a property has been misused. The
investigator needs to determine whether a transgression has indeed taken place,
who is responsible for the transgression etc.
When a company suffers a loss as a result of employee misconduct, it may
institute a civil litigation.
9. Constitutional foundation for Investigation
• While the various role-players in official investigations derive their powers and
functions from different pieces of legislation, government policy or
organizational/institutional policy.
• Irrespective of the investigator’s authorization or mandate, there are two
primary pieces of legislation with which all investigators need to comply.
• These are the constitution and the Criminal Procedure Act 51 of 1977.
• The moment the investigator steps onto the playing field they must abide by
the rules of the game. It is in the interest of investigators and the institutions
they represent to familiarize themselves with this legislation and if they are
not sure of an aspect, to ask before acting.
10. Objectives
•
• The following central themes are presented as the objectives of a criminal
investigation:
• A systematic, organized search for the truth
• Detecting crime
• Identifying the crime
• Locating and identifying suspect
• Locating, recording and processing evidence while observing all constitutional
considerations.
• Gathering objective and subjective evidence about an alleged crime or incident
• Discovering certain facts, or ascertain the existence of such facts
• Arresting the perpetrator while observing all constitutional considerations
• Recovering property
• Preparing for trial, which would include the completion of accurate documentation
• Getting the accused convicted by testifying and assisting in the presentation of
legally obtained evidence and documents.
• Individualization of the crime
• Evaluation and involvement in the prosecution process.
11. Types of
investigators
• The SAPS as primary role player
SAPS is constitutionally mandated in terms of s205 of the constitution as
the only national police service.
S205(3) states the objectives; prevent, combat and investigate crime,
Maintain public order, protect and secure inhabitants of the republic and
their property, uphold and enforce the law.
• Non SAPS investigators
Mandate and principles of the SAPS does not apply here.
1. Statutory investigators
Their powers and mandates are limited to a specific field of law
enforcement or investigation. E.G. SIU, SARS, EMI, SARB
1. Corporate/private investigators
An investigator that works in a private capacity and for the benefit of
another party such as a company, private person or a foundation.
12. Investigation
techniques
• Collecting and analyzing information
Investigators have to establish what happened and who is responsible. Apply the
5xW; H principle.
• Interviewing and interrogation
Even if a suspect does not confess, the information legally obtained from him or
her during an interrogation usually forms the cornerstone of a case.
• Surveillance
Surveillance whether by vehicle, on foot, static or electronic has become a very
important part of investigation
• Electronic interception and monitoring
Intercept the private telephone conversation of a person they are investigating.
An investigator need an order from the judge of the supreme court.
13. Investigation techniques
• Undercover operations
It is exclusively conducted by the SAPS. It is carried out in secret against a target, the
target usually being a high-profile crime figure.
• Undercover agents and informers
The term undercover agent normally refers to a police officer who, for a period of
time, assumes a made up identity and infiltrates into a crime group or syndicate to
obtain evidence. Regulated in terms of s252A of CPA.
Informers are people who provide information, usually for remuneration, to the police
or other organizations about illegal activities of that group.
• Asset-related investigators
Asset forfeiture is a civil process involving the recovery of assets from organized and
high-profile crime figures.
Stems from the Prevention of Organised Crime Act. This legislation usually utilized by
the Directorate for Priority Crime Investigations and the Special Investigative Unit.
14. Read on your own
Specific characteristics of an investigator (pages 29 to 31)
• Intellectual and emotional intelligence
• Sound and moral ethical character
• The ability to operate independently and as part of a team
• The ability to improve and adapt to challenging situations
• The ability to interact effectively with other people
• Being an analytical and critical thinker
• Following an organized and systematic approach (read page 32 and 33 ‘what does a case
docket consist of’)
• Being well versed in new technology
• perseverance
15. Read on your own
1.10 The investigation process (pages 20 to 25)
1. Flow of an investigation/inquiry
2. Investigator’s task
3. Mandate
4. Differences between a police investigation and a private
investigation
1.13 The modern-day investigation cycle (pages 35 to 40)
