Private Investigations Web

THE PRIVATE EYE
UNDER THE MICROSCOPE

Towards the Effective Regulations of
the Private Investigation Industry
within the South African Private
Security Industry
Divhani Netshivhuyu
Research and Development Unit
2017/18
TABLE OF CONTENTS
Description Page
Acknowledgements 1
Executive summary 2
Acronyms 3
1. Introduction 4
2. Background 4
3. Rationale 5
4. Research objective 5
5. Research hypothesis and question 5
6. Research methodology 5
7. Literature review 6
8. Intelligence vs Investigation 6
9. Limitations 7
10. Research findings 8
10.1 Definition 8
10.2 Background of private investigators 9
10.3 Types of private investigation 10
10.4 Assignments performed by a private investigator 11
10.5 Regulatory aspects 13
10.6 Transformation 14
10.7 Ways of advertising 15
10.8 Training in private investigation 17
10.9 Technological advancement 18
10.10 Capacity constraints 18
10.11 Use of unregistered private investigators 18
10.12 Investigators doing pro-bono work 19
10.13 Unregistered auditors, lawyers and insurance companies 19
11. Recommendations 20
11.1 Definition 20
11.2 Technological advancement 21
11.3 Training requirements 21
11.4 Transformation 21
11.5 Legal advertisement 22
11.6 Regulations 22
11.7 Guarantee fund 23
11.8 PSiRA forensic department 23
11.9 Audit firms, insurance companies and law firms 23
11.10 Courts 23
11.11 PSiRA’s role 24
11.12 Accessibility of private investigators 24
12. Conclusion 24
13. References Inside back cover
ACKNOWLEDGEMENT
In the preparation of this research report, the Special thanks also goes to Dr Sabelo Gumedze
author is indebted to the members of the private who provided guidance in the preparation of this
investigation industry who were able to spare report. His insightful comments and suggestions
time in their busy schedules to share deeper made this work easier than anticipated. Towards
knowledge on the private investigation industry. the end of the completion of the fieldwork, Ms
Londiwe Caluza assisted in the collection of the
Special thanks go out to the following people: data and provided comments on the report. Her
from Welkom – Mr Abby and Ms Portia Mehi of contribution is appreciated.
Man In One Security; from Bloemfontein – Adv.
E Smit of Legal Investigator and Zietsman; from This work is dedicated to all the men and women
Cape Town – Mr Jaco van Schalwyk of PI Services in the private investigation industry, whose
Detective Agency, Mr Martin Jones of Brooke work is more than just taking pictures on top
International, Mr Johan Brits of Johan Brits and of trees in very cold mornings but extends to
Associates; Mr Deno November and Mr Danie Van seeking the truth and nothing but the truth.
Heerden of National Investigations Bureau and As Sherlock Holmes said, “When you have
Mr Craig Pederson TCG Digital Forensics; from eliminated the impossible whatever remains,
Gauteng Mr Zane Cleophus of ANETA, Mr Henri however improbable, must be the truth.” The
Theron of CILS; Ms Glenda Paul and Mr Chad author takes off her hat for these truth-seekers!
Thomas of IRS Forensic Investigations; Mr Andi
and Ms Judy Grudko of Grudko Associates and
Mr Johan Du Plooy from Temi Group; from
Mpumalanga – Mr Jaco Snyman; from Durban –
Mr Sean Pierce and Ms Nicolene of Coast to Coast
Investigations: Mr Reg Horne and Mr Bernardo
Luis of Justicia and Mr Rick Crouch. If it were
not for these special security practitioners this
report would not be possible.
Private investigation 1
EXECUTIVE SUMMARY
As at 22nd September 2017, 546 private The report looks at the need of how PSiRA can
investigators were registered with the Private actively take part in the growth of the private
Security Industry Regulatory Authority (PSiRA). security industry and how to better monitor
PSiRA’s role is to regulate the private security private investigators who are practicing in South
industry and to exercise effective control over Africa. The report also makes recommendations
the practice of occupation of security service on how departments within PSiRA can actively
provider in the public and national interest and take part in the monitoring and regulation of
in the interest of the industry. This study shows private investigators. In doing so it decreases
that the South African private security industry the chances of having rogue private investigators
is evolving as private investigators are gaining claiming to be private investigators defraud
recognition in the industry. Previously there people of their money. In turn this brings dignity
was a misconception that private investigators to the industry of private investigators and
were specifically known for doing surveillances public trust to legitimate private investigators.
for spouses who suspected their partners of The report also looks at the need to have rogue
cheating. Although this is part of the work that private investigators brought to book because
private investigators do, people now hire them all too often nothing happens to them once they
for other reasons for example corporate cases. have been reported.
The growth of private investigation industry Recommendations have been made in this
in South Africa has led to certain individuals report on how to effectively regulate the private
taking advantage of this by posing as private investigation industry especially with regards to
investigators and defrauding people of their consumers right and the PSiRA code of conduct.
money. By law, practitioners trading as private This is vital because it will protect vulnerable
investigators must register with PSiRA. The people from falling victim to people who want to
findings of the study show that many registered defraud them of their money. It will also prevent
private investigators were displeased with rogue emotional turmoil whereby people’s money will
private investigators that were defrauding clients not be wrongfully taken from them. Finances
of their money. This reflects negatively on the have a huge impact on people’s lives taking into
private investigation industry and legitimate consideration that life mostly revolves around
private investigators which are labelled as money. The report also makes recommendations
fraudsters. The general public does not know of on the standards of private investigation training.
the requirements that private investigators must All too often people think they can be private
have in order to practice as private investigators. investigators because the public does not know
This can be linked to the fact that PSiRA arguably that there are requirements that need to be met
has not been very active in regulating the private before becoming a private investigator. There
investigation industry. also needs to be constant monitoring by PSiRA
inspectors on private investigators in order to
establish if they are still complying with the laws
of regulations of private investigators.
2 Private investigation
ACRONYMS
CBI Criminal Bureau of Investigation
DMV Department of Motor Vehicles
DTI Detective Training Institute
FOI Freedom of Information Act
IMEI International Mobile Equipment Identity
PIs Private Investigators
PSiRA Private Security Industry Regulatory Authority
PWC PriceWaterhouseCoopers
SAPS South African Police Services
USA United States of America
THE PRIVATE EYE
UNDER THE MICROSCOPE
1. Introduction legal, financial and personal matters. Private

The Private Security Industry Regulatory investigators are able to offer many services
Authority’s (PSiRA) primary objectives are such as verifying people’s backgrounds and
to regulate the private security industry, to statements, finding missing persons and
exercise effective control on the role of the investigating computer crimes.5 Private
security service provider, and to encourage investigation in South Africa is quite small
equal opportunity employment practices as there are only 546 private investigators
in the industry.1 Successful fulfilment of registered with PSiRA.6 It is not an industry
PSiRA’s vision is to be judged by its impact that is popular compared to the United
on society and more specifically, ensuring States of America (USA) with 60 000
that all people in South Africa are safe, and private investigators registered.7 The
feel safe.2 industry needs to be filtered as there may
be companies that are operating illegally or
The role which private investigators play PSiRA may not be aware of the part that
in society is to protect a client through it could play in ensuring the industry is
gathering information; search public or regulated effectively.
court records to uncover clues; conduct
surveillance; collect evidence to present A private investigator is a person who, in
in court or to a client; verify employment a private capacity and for the benefit of
and income; check for civil judgements and another person, investigates the identity,
criminal history and investigate computer actions, character, background or property
crimes and information theft.3 A private of another person, without the consent of
investigator must have multi-functional such person.8 The definition which the PSiR
skills in order to survive and thrive within the Act provides is limited on what private
industry. Private investigators are expected investigation entail. Since the establishment
to be discreet to protect their clients, and of PSiRA in 2001, private investigation
alert to dangers that could affect them. regulations have been put into place.
Their effectiveness is largely unknown,
The purpose of the research report is as no study has been conducted. Private
to explore the intricate activities in the investigation is one of the specialised sub-
specialised field of private investigation in sectors in the private security industry,
South Africa. This is critical when considering although PSiRA and other service providers
the growth of the industry over the years know little about the industry.
and its recognition as a specialised field
within the private security sector. The role in which private investigators play
within society is to protect a client through
2. Background gathering information; search public or
A private investigator is a professional court records to uncover clues; conduct
hired by law firms, corporations, insurance surveillance; collect evidence to present
agencies, private individuals or other in court or to a client; verify employment
entities to gather intelligence and confirm or and income; check for civil judgements and
disprove information.4 Private investigation criminal history and investigate computer
is all about searching for information about crimes and information theft.9 A private
investigator is expected to play a lot of roles
1 Section 3 of the Private Security Industry Regulatory Act. Act 56 of 2001.

2 PSiRA Annual Report 2015/2016.
3 U.S Bureau of Labor Statistics. Occupational Outlook Handbook: Private Detectives and Investigators. https://www.bls.gov/ooh/protective-service/
private-detectives-and-investigators.htm.Accessed 30 June 2017.
4 Staff, P. 2011. What is a Private Investigator. https://www.pinow.com/articles/259/what-is-a-private-investigator. Accessed 02 July 2017.
5 Note 3 above.
6 PSiRA Database 2017.
7 Cusanelli, N & Nanos, J. 2015. Professional Investigator Magazine; Private Investigator Statistics and Facts. https://www.pimagazine.com/faq-how-many-
women-are-private-investigators-in-the-us/. Accessed 13 September 2017.
8 Section 1 of the Private Security Industry Regulation Act, 2001.
9 Note 3 above.
in order to thrive within the industry. Private investigation are adequate in ensuring
investigators are expected to be discreet in professionalism. The study also considers
their line of work, as they need to protect whether PSiRA is adequately equipped
their client as themselves. to effectively regulate and control this
specialised field. The research findings
EC – 4% seek to enable PSiRA to understand private
FS – 4% investigation as a sub-sector which will
GP – 58% inform policy and regulation development
KZN – 8%
relating to private investigation.
LM – 6% 5. Research hypothesis and
MP – 7% question
NW – 6% The hypothesis for this study is as
NC – 2% follows:
WC – 5% The private security industry has grown
significantly over the years and this has
Figure 1. Number of registered private investigators necessitated the increased role of PSiRA
in regulating and controlling the provision
3. Rationale of private investigation services in South
The private investigation sector has not Africa.
been given professional recognition over the
The research question for the study is
years. There are major gaps in the industry
as follows:
due to this fact, as the Authority has arguably
not played an effective role as a regulator. What role should PSiRA play in regulating
The public is not well educated on private the ever-growing private investigation sub-
investigation, as they do not know what sector and exercising effective control over
private investigation is all about and what it the practice of the occupation of private
entails. A quick internet search shows that investigation in the public and national
there are a number of private investigators interest and the interest of the private
claiming registration with PSiRA. However, security industry in South Africa?
many are not actually registered with
the Authority. There are regulations that
6. Research methodology
relate to the mandatory training of private This research was exploratory in nature
security providers specialising in private involving both desktop and field research.
investigation. The introduction of new In order to gather information that would
regulations is required with acceptably provide deeper insights into private
high training standards tailored to the investigation, qualitative methodology
specialised nature of private investigation. was chosen. Structured and unstructured
It is for these reasons therefore, that it is interviews with service providers were
a matter of priority to conduct a study on conducted. Where the targeted service
private investigation. providers were willing to introduce us to
their clients, a questionnaire was circulated
4. Research objective to participating clients to determine their
The study explores the specialised field of satisfaction or otherwise of the service
private investigation in the private security provided by private investigators. A
sector in South Africa. It considers the validation workshop was also held with
extent of the sector in order to understand the aim of validating the research findings
its demands. It interrogates whether the and to solicit more views from the service
current training standards for private providers.
THE PRIVATE EYE
UNDER THE MICROSCOPE (continued)
7. Literature review There are a number of private investigators

Private investigators have been around for who, in the field, think that they hold an
more than 300 years, the idea originating important position or authority. Manley
from Paris, France around 1833, when a mentions that the position and authority of
French soldier who was also a criminal a private investigator is no more than that
and privateer, started the first private of a citizen.12 A private investigator should
investigation agency called ‘Le bureau des abide by the laws of the country and needs
Reassignments’ or Office of Intelligence.10 to practise compliance and integrity while
on a job. There are investigators that insist
Private investigation is a specialised field on breaking the law, who are not registered
within the private security industry. In South and do not comply with the strict code of
Africa, there are 546 private investigators conduct. It is not advisable for a client to
registered with the Authority. There is employ the services of such an individual.
a dearth of literature regarding private
investigation. Anthony Manley published Rick Crouch is a South African private
a book in 2010 entitled The elements of investigator with international recognition
private investigation: An introduction to who has written on his experience as a
the law, techniques, and procedures. A private investigator in South Africa and the
journal article by Martin Gill and Jerry Hart United States of America. Crouch (2015)
was published in 1997 entitled Exploring wrote an article entitled Why Is It Important
Investigative Policing: A study of Private to only Hire a Registered or Licensed
Detectives in Britain. Private Investigator.12 The article warns
that individuals hiring unregistered private
Manley (2010) mentions that the birth of investigators could encounter challenges
private investigation in the United States such as possible fines; held responsible
included private police or bounty hunters for their actions; discredited in court and
employed by large businesses that had evidence could be deemed illegal and
money or resources worth protecting. thrown out of court with chances of losing
The private investigation industry grew the case.13 Individuals needing private
rapidly due to increased client demand and investigators should do a background
escalating security requirements around check and verify their qualifications and
the world. The world has become advanced registrations in order to avoid facing the
compared to industrial revolution times, above challenges.
where crime has increased and the justice
system keeps failing individuals. Therefore, This report seeks to fill in a glaring research
individuals resort to private investigators gap in the provision of regulation and control
for assistance in solving their cases. of private investigation in South Africa.
Manley states that there is no formal 8. Intelligence vs Investigation

education for private investigators as In 2013, Buch wrote an article titled
most individuals in the industry are either “Intelligence vs Investigation, OBI vs IS”. The
former police officers and ex-military, article links and separates intelligence and
although there are investigators who have investigation yet showing their dependence
a bachelor’s degree in criminal justice or on each other.
similar.11 Acquiring formal education or
“The world of investigation is aimed at
training from a police or military academy is
bringing into sharp focus facts which can be
beneficial because there are different skills
proved in a court of law, to create a realistic
which can be learnt and used to become a
image of a criminal, bring the criminal to
good private investigator.
10 eInvestigator.com.2017. https://www.einvestigator.com/the-history-of-private-investigators/. Accessed 23 May 2017.
11 Manley, A. 2010. The elements of private investigation: An introduction to the law; techniques and procedures.
12 Crouch, R. 2015. Why is it important to only hire a registered or licensed private investigator. http://rickcrouch.co.za/wp/why-its-important-to-only-
hire-a-licensed-registered-private-investigator/. Accessed 27 June 2017.
13 As above.
justice and by presenting proof of guilt, This means that only those who need to
obtain a conviction”. The relationship know should be privy to information and
between intelligence and crime could be at all times intelligence operatives and
very confusing yet so prevalent. In most agencies should be in a position to credibly
cases, crime is dependent on intelligence. deny any statement attributed to them
Investigation assists private investigators to (Buch. 2013). Any of the information or
have the ability to be able to solve cases and knowledge that the agents may have, it
get justice for their clients (Buch. 2013). needs to be kept confidential in the interest
of national security.
This is so vastly different from the world
of investigation that the two must be Under no circumstance should an
kept resolutely and definitively apart. intelligence agency or an individual officer
Investigation has to live in a glare of public reveal sources because a compromised
scrutiny in order to prove its credibility, source in the world of intelligence is as good
but intelligence must at all times be as a dead source (Buch. 2013). That is why
anonymous and secretive.14 The purpose no intelligence agency ever acknowledges
of an investigation is to compile evidence in as its own any of its agents who have been
order for a case to be proven guilty or not. caught and charged with espionage. This is
Intelligence may be a state of mind or the a part of the doctrine of deniability and it
ability to ‘think out of the box’. must be respected.”15
Buch (2013) argues that “Intelligence is 9. Limitations

a matter of probabilities based on such There were a number of constrains which
information inputs as are available. An limited the research work.
intelligence agency has to sift the probable
options, but cannot ignore them, however There is little literature on the South African
outlandish. Because intelligence officers industry as most private investigators
work in a grey area, because their identity would rather not discuss their experience.
and outline must be hazy so that individuals They prefer being discreet about their work.
are not compromised, all intelligence Thus it is difficult to gather information
agencies work in the background and try and to understand the dynamics of private
and merge into it”. Intelligence agencies investigation. There is a limitation with
are there to solve cases as they protect regards to the literature to the role played by
the interest of the country against any private investigators and the competencies
threats. Agents that work in the intelligence required or the techniques used.
work undercover to be able to protect their
It was challenging to secure meetings or
identity.
interviews as some individuals were not
The police and Criminal Bureau of willing to be interviewed either as a result of
Investigation seem to delight in discussing their experiences with PSiRA or because the
in public every stage of investigation (Buch. job they do is discreet and they could not
2013). An intelligence agency by definition divulge any information that would put the
must remain in the dark, must not discuss professionalism or integrity of themselves
its operations and must pass on information or their companies at risk. The other reason
which can be acted upon. An intelligence that some interviews could not be secured
agency works on the twin premise of “need was that some external stakeholders felt
to know” and “deniability” (Buch. 2013). that there was no reason to contribute to
the research because PSiRA does not play
an effective role as a regulator.
14 Buch, N.2013. Intellegence vs Investigation, OBI vs IS. http://www.vifindia.org/article/2013/july/08/intelligence-vs-investigation-or-cbi-vs-ib.

Accessed 25 August 2017.
15 As note 4 above.
THE PRIVATE EYE
9. Limitations (continued) the benefit of another person, investigates

One participant argued that PSiRA has the identity, actions, character, background
not done anything to regulate the private or property of another person, without the
investigation industry or encourage consent of such a person, but does not
professionalism. Another challenge include:
facing service providers is the ineffective (a)
auditors, accountants, attorneys,
registration processes and long queues. advocates or forensic scientists
conducting investigations, which fall
White, male individuals dominate the private within the normal and reasonable
investigation industry. The database had course and scope of their professional
few black private investigators registered. It functions;
was difficult to secure interviews with most
(b)
internal investigators conducting
of the black private investigators, as most
normal and reasonable investigations
did not respond or were not interested in
into employee misconduct;
participating in the research study. Female
private investigators are even discreet (c)
internal investigators conducting
compared to their male counterparts. The investigations which a business, other
majority of the women do not advertise than an investigating business, may
their companies publicly as men do. It was undertake in the course and scope of
difficult finding female private investigators. its normal and reasonable endeavours
The research was further limited in that to safeguard its security, strategic,
women did not respond to the interview operational or business interests:
request. If no person is excluded from the
The challenge with the PSiRA database is definition of a private investigator if
that the available information on private he or she conducts any investigation,
investigators was incorrect and not up-to- which falls within the exclusive function
date. It was a challenge getting hold of a of the State, “private security industry”
majority of private investigators who are means the industry conducted by
doing the job properly and who are still security service property.
registered with PSiRA. The information on A private investigator is a professional
the database reflected that some individuals hired by law firms, corporations, insurance
are private investigators whereas in reality agencies, private individuals or other
the security providers focused on guarding. entities to gather intelligence and confirm or
In order to locate the appropriate individuals, disprove information.16 Private Investigation
it is necessary to cross-reference the is all about searching for information about
information on the database by searching legal; financial and personal matters.
on the internet. This, to some extent, assists Private investigators are able to offer
in determining whether companies actually many services such as verifying people’s
exist. backgrounds and statements, finding
missing persons and investigating computer
10. Research findings
crimes.17 The private investigation industry
10.1 Definition
in South Africa is quite small as there are
The Authority provides a definition which is 564 private investigators registered with
basic. Section 1(f) (a) of the Private Security PSiRA.18 Private investigation in South Africa
Industry Regulation Act, 2001 (Act No.56 of is not an industry that is popular compared
2001) defines private investigation as16 a to the USA. The industry needs filter out
person who, in a private capacity and for companies, which are operating illegally.
16 As mentioned above.
17 Note 4 above.
18 Note 3 above.
The study revealed that a private investigator 10.2 Background of private investigators
could be an individual or organisation that The study of private investigation highlighted
undertakes an investigation. An investigator the fact that majority of individuals in this
is expected to gather; analyse and follow sector have a police and military background.
leads on any matter according to a research There are many police and SANDF members
participant. The private investigation sub- that left their former profession post 1994 in
sector could be also seen as a specialised order to be part of private security industry.
service offering which focuses on the They are other individuals, which are from
full spectrum of crime and betrayal other backgrounds such as law and the
investigations with the objective of exposing business sector. The participants argued
crime, fraud, theft and personal betrayal. that it does not matter which background
one has, the most important is knowing the
Private investigation is a sector that provides
principles of being an investigator. Private
investigative services to collect information,
investigation is a sub sector in which many
and to analyse this, thereby solving
individuals are led by their passion, without
mysteries and uncover facts according to a
passion one will not excel in the industry.
research participant. Private detectives and
investigators offer protection services to
Private investigation is not a “television
their clients, which include screening, and
show” but a reality. A private investigator
investigate people’s backgrounds. Private
needs to be committed and be there to
investigation is able to link clues together
assist the public. Private investigation has
and discover facts about personal, financial
no shortcuts meaning that as a private
or legal matters.
investigator you cannot partake in shady
Manley describes investigation as an investigations such as tapping on someone’s
art or applied art and not science; he phone and bugging someone’s office.
therefore states that a private investigator Individuals should remember that being
should consider perception, precepts and a private investigator is not a spy though
parameters rather than rigid theories.19 A about helping someone.
private investigator in many instances is
seen as ‘problem solvers’ in any case. PI’s
need to be creative; come up with ideas
and think outside the box in order to solve
a case. The art of a Private Investigator
could be seen as one having instinct which
at times it looks like the art of magic.
There is a divergence between the two

definitions of private investigation. The first
definition discusses private investigation
generally and second definition describes
on what private investigation is and what it
takes for an individual to be a good private
investigator.
19 PSiRA Database.
THE PRIVATE EYE
10. Research findings (continued)

10.3 Types of private investigation
Private investigation
Forensic Fraud Cheating Theft Cyber Global risk

investigator investigator investigation investigation investigator investigator
Polygraph
Corporate Handwriting Corporate
and DNA Surveillance Commercial
investigation analysis competitors
tests
Lie detector
Undercover Graphologist White collar
tests
Civil and
criminal Forensic
skeleton accounting
search
Voice stress
analyst
Figure 2: How private investigation links with other sub-sectors
Private investigation is a diverse sector as is confined to solving a criminal case. There

there are many sub-sectors that fall under are serious crimes, which may result in the
it. Figure 2 above identifies the different arrest or conviction of a person. In this
sub-sectors and how they link to each other. case the arrest or conviction will be as a
It is perhaps true to say that the grading result of the work of a criminal investigator.
system utilised by the Authority is arguably In the South African context, criminal
ineffective when applied to compulsory investigations may be undertaken in cases
registration for private investigators. Private involving burglary, theft, murder, fraud,
investigation is a field that is viewed as art, auto accidents, arson, kidnapping, to name
as individuals need to have developed skills but a few. The cases are classified according
and be driven by focus in order to get the to Schedules of the Criminal Procedure Act
job done and for justice to be served. As a 51 of 1997.
private investigator, you need to be highly
skilled and have a good instinct. The various 10.3.2 Civil investigations
categories in which private investigators can Civil Investigations are the complete
participate are listed below.20 Herein below opposite of criminal investigations and
are summaries of the various categories. are in cases which involve lawsuits which
question the issues of money or property
10.3.1 Criminal investigations which are meant to be settled according to
According to McMahon (2001), private (McMahon.2001). Examples of civil cases
investigators work either for the victim or include divorce, bankruptcy, personal injury
for the defendant or his attorney in criminal and negligence cases, to name but a few.
proceedings. In this case, the investigator
20 McMahon, R.2001. Practical Handbook for Private Investigators. Available at https://archive.org/stream/Practical_Handbook_for_Private_

Investigators/Practical_Handbook_for_Private_Investigators_djvu.txt. Accessed 1 July 2017.
10.3.3 Negligence investigations of what goes on in a business. Examples
Negligence cases can only be solved include the investigation of fraud within
through investigation. It has been observed or outside the company, the provision of
that “negligence investigation is conducted diligence investigations or pre-employment
when a victim’s attorney needs to prove screening.23
that the accused is responsible or for the
10.3.5 General investigation
victim’s company or business to prove
the absence of liability or absence of a As in other professional occupations,
permanent serious injury”.21 The process of private investigation also includes general
undertaking negligence investigation could practitioners or operatives who undertake,
involve the use of surveillance, locating and as the name suggests, general investigation.
interviewing witness, or trying to prove that General investigation very broad in its focus
the accused is guilty for a negligence case.22 as it involves, among other things, the
location of witness and missing persons,
10.3.4 Corporate investigation serving of legal process, skip-tracing,
Investigations go beyond individuals but checks on employee’s dishonesty and
also extends to companies. Investigation fraud, security surveys, bodyguard work,
linked to companies is known as corporate surveillances.24
investigation and involved the monitoring
10.4 Assignments performed by a private investigator

The following refers to the assignments performed by a private investigator.25
Interviews and Service of legal

Insurance claims Witness location
statements process
Employment Worker’s
Malpractice defence Bank fraud
investigations compensation claims
Homicide, suicide Reconstruction of

Private family
and missing persons Drug investigations accidents, vehicular
investigations
investigations and personal injury
Trademark and Slip and fall accident Domestic or divorce

Shopping services
patent infringements claims cases
Domestic or divorce
Skip tracing
cases
Figure 3. Assignments done by a private investigator
21 As above.
22 As above.
23 As above.
24 As above.
25 As above.
THE PRIVATE EYE
10. Research findings (continued) Of interest, McMahon avers that it is legal to

10.4 Assignments performed by a private take the trash once it is put out on the street
investigator (continued) for pick-up. In the South African context,
there seems to be no law which makes it
That the assignments undertaken by
illegal for private investigators to take the
private investigators are varied is not in
trash once it is put out on the street for
dispute. It has been argued that insurance
pick-up. In fact, this is the most effective
claims is arguably the largest category
way of locating someone.
which is investigated as it “includes inflated
claims on vehicular accidents, phony Private investigators also conduct interviews
claims by individuals and organized fraud and record statements in order to obtain
rings, hit and phantom vehicle liability, additional information from a witnesses,
staged accidents, phony and exaggerated victims, and defendants. They draw up
personal injury claims, fraudulent income reports, statements and declarations. The
or untruthful witness.”26 Majority of the interviews are undertaken for purposes of
individuals that hire private investigators, building strong cases or to have substantiate
in this instance, are predominantly victims evidence that will assist them in solving a
of insurance claims. Insurance companies specific case.
have insurance investigators who are hired
to investigate cases of claims submitted by Other private investigators undertake what
clients for purposes of proving or disproving is known as malpractice investigation,
statements submitted as part of the claims. which entail investigation for medical,
dental, and legal malpractice cases. Usually,
Within the private investigation subsector, this takes place when clients felt that they
there are those who are involved in the have wronged by a medical practitioner.
so-called witness location, which involves Other private investigators conduct bank
conducting or undertaking research on investigations, which involves unearthing
public records.27 These could involve the information relating to all aspects of bank
use of telephone books, records, listings, to fraud cases.
name but a few. These investigators make
use of any documentation in order to cross- Private investigators also undertake
reference to make their case stronger. employment investigations, which involves
the conducting of pre-employment
As McMahon argues that, screening, business partner thefts and
…investigators go further by checking fraud, employee theft, and business and
postal records, Freedom of Information Act industrial espionage, among other things.29
(FOIA), public records, including search of There are also instances where workers’
microfiche; voter registration lists; birth, compensation claims are investigated by
death, and marriage records; real property private investigators and these include
records; fictitious business files; municipal, neighbourhood and employment canvas,
county, state, and federal civil court records; medical background and previous claims
state and federal criminal records; corporate history, as well as surveillance and
and partnership filings. Department of photography/videotaping.30
Motor Vehicle (DMV), records; church,
Another category of investigation is known
medical, and dental records; credit history
as private family investigation, where in
records; union records; state licensing
private investigators assist in solving cases
boards; and law enforcement agencies are
involving theft and embezzlement of family
also considered to check because at times
funds, theft and embezzlement of trust and
they are helpful. Trash (dumpster diving)
estates, and the location of missing persons
sometimes the best source of information
and runaways.31
about a person is found in the trash.28
26 As above.
27 As above.
28 As above.
29 As above.
30 As above.
31 As above.
The collection of life insurance benefits by putting up false advertisements on sites
usually drives people to kill their loved ones. like OLX and Gumtree. The “investigators”
Private investigators maybe called upon to swindle clients by overcharging clients
investigate murders, suicides as well as though do not render the services in which
missing persons. These investigators are they promised. Service providers argued that
referred to as death investigators and their the fraudsters degrade the industry. Clients
focus is to determine how a death occurred, may not know how to differentiate between
that is whether it was natural or otherwise. fraudsters and real private investigators as
they are not aware that PSiRA exists.
Within the private investigation sector,
there are the so-called drug investigators, 10.5.3 Registered
private investigators vs
who focus on the transportation, purchase, rogue investigators
and sale of illegal drugs using business Registered private investigators face a
and employment channels.32 Private challenge of having to compete with rogue
investigators are further also involved in private investigators. Registered private
the reconstruction of accidents; vehicular investigators usually whistle blow the
and personal injury in order to determine individuals who are rendering security
the occurrence of events leading to deaths services illegally to the Authority though
or personal injuries, among other things.33 the Authority is apparently not doing
anything about the unregistered individuals.
10.5 Regulatory aspects
Consequently, the unregistered individuals
The study has already highlighted the fact keep on rendering a security service to
that the Authority’s regulatory framework clients.
arguably focused on guarding and did not
focus specifically on the other sectors 10.5.4 Inspections
including private investigation. It was found that inspections would only be
conducted when a service provider opens
10.5.1 Professionalise industry up a business or in the case of a business
The Authority needs to professionalise relocating. The main concern relates to
the industry in terms of the registration businesses not being compliant if they are
process. Service providers face a challenge not being inspected on a year basis. Service
when it comes to the registration process; providers argued that inspections have been
individuals endure long queues and a conducted once or twice when they started
registration process which is not effective their businesses. The research also picked
as many investigators describe it as difficult. up that the Authority has not been visible
in certain provinces and cities. Service
The Authority could professionalise the providers complained that the Authority had
industry by dealing with rogue private not communicated with them as expected,
investigators. Service providers mentioned and they would have preferred the Authority
that PSiRA is focused on inspecting to play an active role.
registered private investigators rather than
investigating rogue private investigators. A Service providers mentioned that PSiRA
concern was raised on PSiRA’s inability to inspectors are not knowledgeable in
address rogue private investigators which the private investigation industry. The
consequently compromises the private inspections focused on registered private
investigation industry. investigators rather than rogue private
investigators. Service providers mentioned
10.5.2 P
rivate investigators monopolising that the inspections are not effective
industry because the type of questions that are being
asked during inspections are irrelevant to
There are private investigators who are
their trade. For this reason, the Authority
tainting the sector. These ‘investigators’ who
should strengthen its inspectorate.
are not registered, are tainting the industry
32 As above.
33 As above.
THE PRIVATE EYE
10. Research findings (continued) that private investigators operate in an office

10.5 Regulatory aspects (continued) space and not in their own homes. Also,
not have to meet clients in public areas.
10.5.5 Leanerships and internships
People’s confidentiality should be priority
Emphasis was made that better regulations taking into consideration that clients come
need to be in place for private investigators to an investigator because they need help
and for people to qualify to be private and allow the investigator to invade their
investigators.34 The participants stated that private lives. Conducting meetings in public
people who want to be private investigators spaces compromises confidentiality and it is
need formal education and training as well offensive to the client to have to talk over
as experience. It was emphasised that people, and limits the amount of information
private investigation is not only a skill you they can give due to fear of being overheard.
acquire through studying, but one needs to
acquire the practical know how over a period The client’s best interests need to be
of time.35 protected at all times and their vulnerability
not to be abused. Batho Pele principles do not
Another participant suggested that there be only apply to public servants but also apply
an apprenticeship of a certain period, after in the private sector, meaning that the needs
the aspiring private investigator completes of the client must always come first and the
his or her studies. The apprenticeship will service they get must be of top quality.37
ensure that they are able to utilise their newly
acquired knowledge under the guidance 10.5.7 Certification of private investigators
of an expert. The trainee will write a test, The participants did not view the grade
which he/she will be expected to receive an certificates useful as whether having a grade
average of 90%. Another participant was A or grade E certificate, an investigator
argue that every retired white person thinks could nevertheless work. It was suggested
they can be a private investigator while they that a specialised licence be issued, taking
know nothing about the profession.36 This to consideration that private investigation
statement shows that there is a huge problem
is a specialised field on its own. To address
when it comes to obtaining the relevant skills
the issue of rogue investigators, it was
and knowledge about private investigation in
suggested that PSiRA inspectors should have
South Africa. Anybody can become a private
an assigned sector on which they focus.38
investigator in order to generate an income
This would ensure that no illegitimate private
for themselves.
investigators start illegal businesses. It would
The research study revealed that there help the public identify private investigators
are companies that provide internship who are registered with PSiRA and abide
programmes to graduates/diplomates by the Code of Conduct. This in turn, would
who come from institutions of higher bring dignity to the profession.
learning. Internships are highly important,
as individuals that have completed their 10.6 Transformation
studies do not have any practical experience. 10.6.1 Gender aspect
Therefore, internships would assist In the private investigation sub sector,
individuals to gain practical knowledge in the there has not been much transformation
private investigation field. in the sector as it is still a vastly white and
10.5.6 Safety of clients male dominated industry. Service providers
argued that women are better private
For any profession to be held in high esteem,
investigators than men in highlighting that
it needs to be seen by the public as being
woman are more trusted and are a better fit
professional. Two of the participants stressed
where there is surveillance. Woman at times
the issue that it should become a requirement
34 Contribution by service providers during a Validation Workshop, 26 October, 2017.
35 Contribution by a service provider during a Validation Workshop, 26 October, 2017.
36 Interview with a service provider, 4 May, 2017.
37 Batho Pele - “People First” White Paper of Transforming Service Delivery. http://www.dpsa.gov.za/dpsa2g/documents/acts&regulations/frameworks/white-
papers/transform.pdf Accessed 18 August 2017.
38 Note 35 above.
may be disadvantaged as they may not have sharing certain information with her.44 It was
knowledge and may lack confidence to get into added that women are very detail orientated
the industry. The other factor, which may lead and most make better private investigators
women to be scarce in the industry, is that it than men.45 For example, a woman could ask
is seen as a ‘male dominated industry’ and questions that men cannot and it would not
may be intimated by men and the amount of raise suspicions.
work that has to do with private investigation.
Despite women investigators being highly
However, as private investigation is a growing spoken of, it was mentioned that cases with
profession not only in the world but also in high risk tend to pose a challenge and they
South Africa. Despite being considered as do not want to be involved in them. A service
male dominated, women are beginning to join. provider indicated that when they received
The Detective Training Institute (DTI) based in a tip-off from the client about an illegal deal
the USA states that private investigation may that was to happen in a township, which is
have been male dominated in the past but this notorious for being dangerous, the woman
is changing because women are now joining private investigator was too scared to go
the field, although they are still fewer females there.46 The service provider said that this
than males but their number is increasing.39 also applied to cases such as sexual abuse
The DTI encourages male trainees to team up and fraud.47
with women when they start working because
this increases their chances of successfully 10.6.2 Historically disadvantaged
investigating cases. One service provider individuals
spoke highly about having a woman work with The industry still faces a gap caused by
him, especially when it comes to surveillance.40 historically disadvantaged individuals, as
He further added that his partner does not they are not involved in the specialised sector.
stick out in a crowd as opposed to him and The lack of adequate training, skills, lack of
people tend to ignore the fact that a woman clients and capital could refrain historically
is following them but become suspicious when disadvantage to enter the industry.
a man follows them.41 Some of the most Historically disadvantaged individuals may
important traits of a successful investigator be in need of incubator assistance to start
are professional anonymity and the ability to their businesses or they may want to enrol in
put others at ease in their presence.42 People a mentorship programme, which will assist
under surveillance should not notice that they them to prosper in the industry.
are being observed because this disrupts their
10.7 Ways of advertising
normal behaviour and lowers the investigator’s
chances of obtaining any information. The methods of advertising in the private
investigation sub-sector include service
The service provider43 also stated that having providers advertising online on OLX, Gumtree
a woman partner with him has not only been and newspapers. The study revealed that
beneficial in the administration of his business most private investigators get business
but it also helped with gathering information from referrals from clients and investigators
for cases, especially when the client is a who they have worked with before. Service
woman. His female counterpart attested to providers said that rogue private investigators
this by stating that since she is a woman advertise on Gumtree or OLX to lure desperate
she is able to understand where the women clients. Clients such as these are often wealthy
come from and clients feel more comfortable enough to use the rogue services, only to find
out that they have been swindled their money.
39 Kassel, A and DTI (n.d). ‘The world of the private investigator’ http://www.detectivetraining.com/lesson.asp Accessed 18 August 2017.
40 Note 35 above.
41 As above.
42 See, for example, NA (2017). Female Private Investigator http://www.private-investigator-info.org/female-private-investigator.html Accessed 18 August 2017.
43 Note 28 above.
44 As above.
45 Note 35 above.
46 Interview with a service provider, 15 August, 2017.
47 As above.
THE PRIVATE EYE
10. Research findings (continued)

10.7 Ways of advertising (continued)
Service providers48 expressed a concern that PSiRA does not play an effective role in regulating the
advertisements of private investigators. They believed that if PSiRA was effective in this regard, it
would minimise the number of rogue private investigators.

Figure 4 49
Figure 550
48 Contribution by service providers during a Validation Workshop, 26 October, 2017.

49 See for example, https://www.olx.co.za/item/affairs-private-investigators-iid-1004215350. Accessed 29 August 2017.
50 As above.

Figure 651
10.8 Training in private investigation training directive as they incorporate basic

The study found that training standards for techniques of private investigation.
private investigation are not adequate.52 A
Training of private investigation and basic
private investigator needs extensive training
policing share common ground, although
that often equates to the training of police.
basic policing is broader and private
They said that it did not make sense for an
investigation is more focused and specialised.
investigator to have the same training as a
Private investigation and policing may be
patrol guard. Private investigator training
similar depending on the private investigator
is far more dynamic and complex than the
specialisation. Private investigators at times
training of a patrol guard. A good private
assist police in criminal investigations when
investigator needs to have an investigative
they find it difficult to further, pursue a case.
plan and a scope of work before starting
It was felt that not having the same powers
fieldwork. Regrettably, the grading system
as police is challenging because it is difficult
introduced by the Authority does not cover
and expensive to access information.54
even a quarter of the issues, which define
the field of private investigation. A concern was raised by some service
providers that were unaware of the training
It was also mentioned that the Authority
schools in which they need to enrol for the
does not understand and does not recognise
necessary training, and whether these were
private investigation; consequently, the
accredited with the Authority.55 Private
grading system is ineffective.53 A revision
investigators needed to keep up-to-date
and re-classification of the grading system
with new training methodology on an
is required to provide effective training and
annual basis as the industry evolves. For
skills development. Only after this is formally
investigators to prosper in the industry, they
adopted can the grading system be effective.
must equip themselves with the necessary
Service providers agreed that grade A and
skills.
the unit standards are acceptable as a
51 GIAC.2017. https://www.giac.org/certification/certified-forensic-examiner-gcfe. Accessed 24 August 2017.
52 Note 34 above.
53 As above.
54 As above.
55 As above.
THE PRIVATE EYE
10. Research findings (continued) information to the users, prospective users or

10.8 Training in private investigation representatives of users of security services
(continued) regarding the compliance of security service
At present, five years of experience is required providers with the provisions of this Act
before an investigator can set up a legitimate and the Levies Act. In an organisation, the
business. Service providers advised that on employees need to have enough information
completion of a practical course, which is so they can market the organisation. In the
yet to be compiled, an individual should be case of PSiRA, service providers argued that
able to enter the marketplace without this employees of PSiRA do not have sufficient
barrier. Previously disadvantaged individuals knowledge to advise clients.58
who are highly educated struggle to obtain
Prospective service providers face a
work or jobs because of this requirement. It
challenge when they have to communicate
is difficult for them as it is, therefore there is
with the Authority’s employees with regards
no reason to make it more so.
to advise on the registration processes,
It was recommended that the Authority accredited training schools and other
consider structuring a course in such a services, which clients may require.59 They
manner that trainees are ready to conduct prefer associations over PSiRA as a regulator
investigations immediately after completion as latter is arguably invisible. The service
of the required qualification. providers said that the employees do not
10.9 Technological advances know much about the other sectors either,
except for guarding and cannot be advised in
The private investigation sub-sector is
the rightful manner.60
technologically advanced. To render the
best services to their clients, private 10.11 Use of unregistered private investigators
investigators are dependent on technology. Private investigators indicated that rogue
Most of the technological devices that private investigators get away scot-free with
private investigators make use of are not defrauding clients because nothing is done
effectively regulated in South Africa. They to these individuals.61 They also indicated
make use of drones; spy cameras; spy that they have on numerous occasions
pens; debugging devices; covert equipment reported to police and PSiRA officials.
and tracking devices. Rogue private investigators operate illegally
The use of gadgets is still a touchy issue in the from their homes and defraud clients. On
private investigation industry. There is a lot PSiRA’s and on the SAPS side there needs
of red tape about what is permitted and what to be more stringent consequences put in
is not. One investigator mentioned that they place for trading under false pretences.
are at an advantage because there are things
Clients put themselves at risk by using a
that they are able to use but police cannot
private investigator that does not have much
use such as a person’s IMEI sim card number
knowledge of the industry. Rogue private
to track them down.56 It was also mentioned
investigators usually use illegal methods to
that body cameras are useful in cases where
obtain information or at times investigators
the perpetrator claims to have been assaulted
provide false information to clients that they
by the private investigator. Other service
could possibly react to, only to find later
providers were not in support for the idea of
that they have been fed with information
using gadgets since there is a grey area about
that is untrue. False information could have
the use of gadgets, especially drones.57
implications for the client as it could ruin
10.10 Capacity constraints their reputation or businesses dealings. It
Section 1 (4)(p) of the PSIR Act states that was recommended that before clients hire
the function of the Authority is to provide private investigators, they should check
whether or not the service provider is
56 Interview with a service provider, 16 May, 2017.
57 Note 34 above. registered with the Authority.62
58 As above.
59 As above.
60 As above.
61 As above.
62 As above.
It was also stated that clients should do Private investigators compete with auditors,
background checks of the investigator or lawyers and insurance companies. They
company.63 They need to watch out for mentioned that they were not happy
investigators who charge them ridiculous that audit firms, lawyers and insurance
money and keep on charging them money companies are not registered with the
over a period of months and years. It was Authority, yet work as investigators.68 The
mentioned that a good and legitimate private participants mentioned that the ‘big four’
investigator charges a reasonable amount audit firms in South Africa, namely the
of money and is able to solve cases.64 PricewaterhouseCoopers (PwC), Deloitte,
KPMG and Ernst & Young challenge them in
10.12 Investigators doing pro-bono work their field and at times the audit firms fail to
According to Mahatma Gandhi, “[t]he best be reactive and proactive which results in
way to find yourself is to lose yourself in the the audit firm solving the case.
service of others.”65 Accordingly, this quote
Service providers argue that audit firms
motivates, to a large extent, some private
‘bypass’ the law by covering up their
investigators to undertake pro-bono work.
‘investigative work’ and stating that they
The service providers stated that apart
are only conducting ‘audit work’.69 They are
from being a good private investigator, an
unhappy that audit firms ignore PSiRA’s
investigator does give back to society by
laws and regulations. They felt that this
helping the least advantaged with their
was unfair since if they do not register or
cases free of charge.66 Society should
fail to renew their registration they are
understand that private investigation is not
penalised or face imprisonment. Private
just for the rich and mighty but also for
investigators were of the opinion that audit
individuals who are average and poverty-
firms, law firms and insurance companies
stricken. The justice system in South Africa
should face the consequences of providing
has arguably failed all the social classes and
an unregistered security service and need
that individuals do not choose to be victims
not register with the Authority.70
of crime. Clients resort to the help of private
investigators as the justice system has Private investigators raised a concern
failed them dismally. that audit firms, law firms and insurance
companies bid for work similar to theirs.71
10.13 Auditors, lawyers and insurance
They questioned why audit firms especially,
companies unregistered
conduct relatively similar work when these
Section 1(f) (a) of the PSiR Act states are meant to focus on the audit spectrum
that “auditors, accountants, attorneys, only. Law firms and insurance companies
advocates or forensic scientists conducting usually render a security service by
investigations, which fall within the normal investigating murder cases, fraud cases
and reasonable course and scope of their and fire insurance claim cases. A private
professional functions” are not seen as investigator solves the same kind of cases
‘private investigators’. Individuals from audit, that law firms and insurance companies do.
law and insurance firms are recognised as Private investigators agreed that they were
investigators and should be registered with uncertain as to whom should play what role
the Authority because they are rendering in the industry, as audit firms, law firms and
a security service even though they are in insurance companies are registered by their
different professions. Private investigation own associations and regulating bodies. The
is all about searching for information about question is how is PSiRA able to regulate
legal, financial and personal matters.67 this sub-sector if other professions are
bypassing the law.
63 As above.
64 As above.
65 Gandhi, M. 2017. https://www.brainyquote.com/quotes/quotes/m/mahatmagan150725.html. Accessed 5 September 2017.
66 Note 34 above.
67 Note 3 above.
68 Note 34 above.
69 As above.
70 As above.
71 As above.
THE PRIVATE EYE
10. Research findings (continued) defined per sub- sector to help individuals
10.13 Auditors, lawyers and insurance understand the sector as a whole.
companies unregistered (continued) PSiRA could consider applying the
Another problem that private investigators definition by McMahon, which defines
face is that when individuals from other private investigation as “an investigator
professions fail in their investigation or is a professional researcher who uses
cannot solve cases, the companies that observation, inquiry, examination and
they work for end up employing private experimentation to obtain evidence and
investigators to complete the job. In most factual information upon which sound
cases they manage to solve the case. decisions can be made. In order to achieve
Another challenge that private investigators success as an investigator, certain basic
face is that they need to carry on working guidelines must be observed.”73
hand-in-hand with individuals from other The Authority could also consider the
professions, which could jeopardise their following definition, which service
work. The principles of private investigators, providers74 thought, would be a better fit
auditors, lawyers and insurance investigators for the definition of a private investigator/
are different, so at times they do not agree investigation:
on the methodology to be used.
a) A private investigator is a professional
Some unregistered individuals are qualified individual who accumulates evidence on
as certified forensic examiners. These behalf of any person who mandates the
are individuals working, or interested in, private investigator in the prescribed
information pertaining to the security, legal manner upon which sound decisions
and law enforcement industries who need could be made taking the following into
to understand computer forensic analysis. consideration but not limited to the same:
The certification focuses on the core skills i. the conducting of any form of
required to collect and analyse data from investigation whether or not the
Windows computer systems.72 Individuals investigation is carried out by a legislated
registered as certified forensic examiners do body which means it is a transparent
not feel the need to register with PSiRA and and independent investigation on behalf
state that there is no reason to be regulated of the prejudiced or offended person or
by PSiRA. any persons;
Service providers explained that they ii. The conducting of any investigation
conduct internal investigations that do not that is carried out with or without the
comply with PSiRA regulations. They urged knowledge of the person, company,
the Authority to look into companies that other juristic entity including the conduct
conduct internal investigations and that of State Organs as contemplated in
they should register with the Authority as Section 239 of the Constitution of the
they are rendering a security service. Republic of South Africa, 1996;
iii. The conducting of any investigation
11. Recommendations whether or not it is carried out as a vital
11.1 Definition part of another profession, which simply
Private investigation is a sector, which is means that the private investigator
too broad, resulting in more than 15 sub- may be hired as a “watchdog” over the
sectors, and participants view private specified investigation, but not limited
investigation differently and define it in to the same;
different ways. For this reason, it would be iv. The conducting of any investigation of a
impossible to have a standard definition. In technical nature limited to the compiling
the PSiR Act, private investigation can be of the case file or documentation and
72 GIAC.2017. https://www.giac.org/certification/certified-forensic-examiner-gcfe. Accessed 24 August 2017.
73 Note 20 above.
74 Note 34 above.
arranging any physical evidence in a investigation a professional field to work in
chronological manner for adjudication and will ensure that each individual is up to
by the relevant person or instructing standard. When individuals have completed
person. the training, it was recommended that they
need to write a test and receive an average
Private investigation, therefore, is a of 90% in order to be certified as a private
profession in which investigations are investigator.75
conducted in order to accumulate evidence
in any manner the investigator deems There should be a realignment of the
appropriate under specific circumstances, private investigation qualification. The new
but within the margins of the law. Private qualification should ensure that the private
investigation has a link between any investigation industry is professionalised
occurrence in society, which includes, but and internationally accepted. The new
is not limited to personal, financial, legal or qualification should ensure that individuals
incidental matters. complete a number of modules and attain
a minimum credit score in order to be seen
11.2 Technological advancement
as a private investigator. Service providers
A clear indication of what is acceptable and should influence the curriculum, as they are
what is not acceptable in so far as gadgets the experts in the field.
used in private investigation is critical. There
is grey area around the use of gadgets. The qualification needs to be well coordinated
PSiRA needs to influence the legislation of for quality and ethical reasons. There
gadgets in order to make the sector more should be training schools that are more
professional and complaint. At the moment, visible across the country. The industry
most private investigators are using could collaborate with SAPS training
gadgets that are not regulated in South division in order to develop a professional
Africa because the gadgets make their jobs training programme for prospective private
easier and when gadgets are regulated it investigators.
eases their conscience. Private investigation
There should less turn around time on
is highly dependent on technology and in
individual applications of the RPL. The
order for private investigators to do, their
recommended turn around time could be
job effectively there needs to be some
three months. This will ensure accessibility
changes.
by the private security industry. The
The use of technology can be regulated registration committee should ensure that
by applying strict laws and regulations in it meets on a regular basis to consider RPL
order to protect the abuse of technology applications.
by law enforcement and private security.
11.4 Transformation
An important aspect will be to protect the
national interest as technology advances, The industry needs to be effectively
transformed in terms of having more
but could be a huge risk in the national
women, disabled and other races involved.
interest.
Transformation could be influenced in
11.3 Training requirement such a manner that mentorship/internship
In order to be admitted as a private programmes are introduced. This will assist
investigator, it is recommended that a individuals to get adequate training from
influential private investigators and acquire
person needs to have acquired a learnership
the right skills to become successful. PSiRA
for three years or 3000 hours with a
could collaborate with relevant stakeholders
registered private investigator before being
to facilitate the provision of bursaries or
awarded registration and certification. This
scholarship to historically disadvantaged
influences the possibility of making private
individuals.
75 As above.
THE PRIVATE EYE
11. Recommendations (continued) and they can report services providers who
11.5 Legal advertisement operate illegally or who have defrauded
them of their money.
To regulate and professionalise the
industry, individuals should have a PSiRA A newspaper publication with the findings
number on their advertisement. Only of the research and ways of identifying a
registered individuals will have permission legitimate private investigator could be
to advertise and this will ensure that rogue published in all major newspapers in the
investigators are penalised and forced to country. These newspapers must not only
register, if they have the right training to be be the well-known English newspapers but
a private investigator. An official directory other newspapers that are written in the
with all registered PSiRA registered private official languages of South Africa. Such
investigators must be made available to the newspapers include Die Beeld, Isolezwe,
public. This will ensure the safety of clients Ilanga.
so they are not victims of fraud. There
should be awareness campaigns by PSiRA to 11.6 Regulations
educate clients on how to identify registered To professionalise the industry, every private
private investigators. Adverts can be aired investigator should be registered with PSiRA
on national television to educate the public as a private investigator and not as a security
on what to look out for when hiring a public officer. Private investigation is a specialised
investigator. Most importantly, consumers field, meaning that private investigators will
should understand that private investigators be captured on the system as ‘specialised’.
need to be registered with PSiRA and they Any person who aspires to become a private
have the right to ask private investigators investigator must complete the PSiRA
for the PSiRA registration number. accredited course and must be an apprentice
for a certain period of time to ensure that
It must become a recommendation that they not only have the knowledge about the
all adverts that private investigators use job but they also obtain the skills needed to
to advertise themselves, whether it be on perform their job.
the internet, newspaper, business cards,
pamphlets or any other form must include Any private investigator who operates without
their PSiRA registration number. Private having a PSiRA registration number must be
investigators adverts must be regulated liable to a fine and must not operate until
with the Consumer Protection Act, 2008 with they sort out their registration. Any private
special reference to section 41 of the Act, investigator who operates without having a
which states that the marketing of goods PSiRA registration number and does not have
must not be false, misleading or deceptive any formal training in private investigation
in order to lure people into buying services must be charged for impersonation and must
or goods.76 be registered as an offender with PSiRA’s
database and with SAPS.
PSiRA could utilise radio as a tool to educate
the public. Most radio stations have a Every private investigator’s office must have
business segment during which the public a PSiRA certificate displayed on the wall
is educated on their rights as consumers in for everyone to see. Each office must have
trade and business. The public can be advised their business liability insurance number
on what to look out for when purchasing visible for the public to see on their business
the services of a private investigator and card and on their business premises. There
what rights they have as consumers. The should be more enforcement from PSiRA,
public must also be informed that they can and a dedicated and effective whistle blowing
contact PSiRA if they are dissatisfied with platform introduced.
the services that were rendered to them
76 Section 41 of the Consumers Protection Act of 2008.
11.7 Guarantee fund fraudulent activities.79 The PSiRA forensic
The Consumer Protection Act, 2008 protects department could play a more active role
consumers of services and goods from in ensuring that rogue private investigators
being exploited by service providers and are identified and brought to book. This
business entities. The Consumer Protection can be done doing follow ups on reported
Act states that “When a supplier undertakes private investigators to establish if they are
to perform any services for or on behalf of a really rogue and be punished accordingly
consumer, the consumer has a right to; the if they are in breach of the PSiR Act and
performance of the services in a manner and the Code of Conduct for Security Service
quality that persons are generally entitled Providers, 2003. The forensic department
to expect”.77 The Act further states that “If could also engage in random inspections
a supplier fails to perform a service to the whereby they call private investigators who
standards contemplated in subsection (1), advertise themselves in popular advertising
the consumer may require the supplier to websites such as Gumtree and OLX. Upon
either; refund to the consumer a reasonable meeting with these private investigators,
portion of the price paid for the services they can ask for their PSiRA registration
performed and goods supplied, having number and if found not to have one, they
regard to the extent of the failure.”78 must be charged accordingly.
It is recommended that all private 11.9 Audit firms, insurance companies and
investigators have a business liability law firms
insurance to ensure that they are protected Audit firms, insurance companies and
in the event of any loss occurring. A business law firms need to ensure that the private
liability insurance certificate could be used investigators they hire or employ are
as a public indicator to state that the person registered with PSiRA. If the information
is really registered as an entity and money is collected by an unregistered private
could be claimed if the service provider investigator, the defendant attorney can
fails to produce the expected results. The argue that the evidence is not admissible in
insurance number must be made available court because the person who collected the
to the public either by having it printed evidence is not a private investigator as per
on business cards, advertisements and section 20 of the PSiR Act. The entity could
registration certificates or be included also be liable to pay a hefty price such as a
in an operational folder which explains fine or a loss of the case for having employed
how the private investigator conduct his someone who is not registered with PSiRA.
investigation.
11.10 Courts
At the moment, the provident fund excludes When an expert witness is asked to take
private investigators. Therefore, private the stand in court, they are asked to state
investigators recommended that they should their expertise and where they obtained
be included in the provident fund as they their qualifications and their professional
are part of the private security industry. registration number. The same rule must
Service providers advised PSiRA to have be applied to private investigators when
discussions with the Department of Labour they take the stand in court. As expert
in order to include private investigators in witnesses, they must state where they
the provident fund. did their private investigation training or
whether they were exempted because they
11.8 PSiRA forensic department
worked as detectives in the South African
The service providers stressed the issue that Police Service. They must state their PSiRA
rogue private investigators get away with private investigator registration number
defrauding people because nothing happens and no other PSiRA registration number.
to them when they are reported for their
77 Section 54 (1)(b) of the Consumer Protection Act.

78 Section 54 (2)(b) of the Act.
79 Note 34 above.
THE PRIVATE EYE
11. Recommendations (continued) 12. Conclusion

11.11 Role for PSiRA as a Regulator With life, evolving there is a greater need for
If PSiRA plays an effective role as a regulator people and business entities to make use of
of the private security industry, professional the expertise of private investigators. Private
external stakeholders are more likely to investigators are no longer only hired by
be complaint. PSiRA’s offices should be people who want to confirm if their spouses
accessible to clients to avoid them having are cheating or not. Their scope of work is
to travel more than 100 kilometres just to now more complex and diverse. The work of
register or for any other enquiries. PSiRA a private investigator depends on the nature
employees to have more knowledge of the of their clients’ business. It is also influenced
industry and should be able to advise clients. by the period or province in which the case is
The annual fees that PSiRA introduces should to be investigated. The PSiR Act and the Code
be market related, since at times external of Conduct for Security Service Providers,
stakeholders, depending on the service they 2003 have both arguably failed to conform to
provide, do not get work for certain periods. the changes of the private security industry
PSiRA needs to consider that aspect when especially concerning private investigations.
it comes to the annual fees increase. PSiRA Both these guiding laws focus more on
should also have enough resources (access the security sector thus leaving private
to updated cards and certificates) for the investigations susceptible to prey which in
registration period, and a database, which turn affects ordinary citizens who seek the
is up to date, and correct for future use. services of private investigators.
11.12 Accessibility of private investigators In this report, the shortfalls of the PSiR Act
and the Code of Conduct for Security Service
Private investigators should have more
Providers, 2003 with special reference
powers than they possess now, such as
to private investigations were examined.
access to a commissioner of oaths to make
Individuals in their private capacity and
their jobs easier and to avoid wasting time
business entities use the services of private
when conducting an investigation. The
investigators. It was noted that businesses
commissioner of oaths would be beneficial to
such as insurance companies use the services
private investigators particularly when they
of private investigators whether they are
interview a witness. Private investigation
in-house or on contract. According to the
tools need to be regulated to enable private
PSiRA Act, all private investigators must be
investigators to abide by the PSiR Act and
registered with PSiRA. Other information
the state.
was gathered by conducting fieldwork and
It is recommended that qualifying private from PSiRA-registered private investigators.
investigators be granted the capacity to act There is now more recognition of, and growth
as commissioners of oaths taking Sections in, the industry. These private investigators
6 and 10 of the Justices of Peace and are also mentioned their wish that PSiRA has
Commissioner of Oaths Act 16 of 1963 into a more stringent role in the regulation and
consideration. It is furthermore strongly inspection of private investigators.
recommended that the PSiRA take South
The necessity for rogue private investigators
African Police Standing Order (General) 327
to be punished for operating under false
Attestation of Statements into consideration
pretences was also stressed because they
here as a peremptory guideline of how it
were not only defrauding innocent people
must be done.
but also tarnishing the image of legitimate
private investigators. In addition, there was ways in which the advertisement of private
a general outcry on the grading system investigators could be better monitored
of PSiRA and exemption from private which in turn will protect the interests of the
investigator training makes it possible for public. The recommendations also include
anyone and everyone think they are, or can the need for service providers to have
be, private investigators. It was also noted business liability insurance that could be
that there was a lack of transformation within used as an identifiable feature to establish if
the industry. The industry is still dominated private investigators are registered or rogue.
by white men who have left the SAPS and Transformation in the private investigations
became private investigators. There was also industry also needs to be applied by making
a grey area noted with regards to the use of the industry more attractive to black South
gadgets by private investigators. Although Africans especially black women and people
these gadgets are to the advantage, of the with disabilities. The laws governing the
private investigators they are sometimes private investigations industry also need
sceptical of using them since there is no to be recognised in the courts and for
clear guideline that states what is acceptable advocates and judges to apply these laws
to use and what is not. in a court setting. In addition, there should
be regulations to guide and establish how
The recommendations made in this report gadgets may be used when conducting
seek to address the issues related to the investigations.
aforementioned issues and how PSiRA could
better regulate the subsector. It includes
13. References
Books
Buch, N.2013.Intellegence vs Investigation, OBI vs IS.http://www.vifindia.org/article/2013/july/08/intelligence-vs-investigation-or-
cbi-vs-ib.
Manley, A. 2010. The elements of private investigation: An introduction to the law; techniques; and procedures.
McMahon, R.2001. Practical Handbook for Private Investigators. https://archive.org/stream/Practical_Handbook_for_Private_
Investigators/Practical_Handbook_for_Private_Investigators_djvu.txt.
Articles (Sourced from the Internet)
Crouch, R.2015. Why it is important to only hire a registered or licensed private investigator.http://rickcrouch.co.za/wp/why-its-
important-to-only-hire-a-licensed-registered-private-investigator/eInvestigator.com.2017. https://www.einvestigator.com/the-history-
of-private-investigators/Kassel, A and DTI (n.d). ‘The world of the private investigator’ http://www.detectivetraining.com/lesson.asp
Gandhi, M. 2017. https://www.brainyquote.com/quotes/quotes/m/mahatmagan150725.html
GIAC.2017. https://www.giac.org/certification/certified-forensic-examiner-gcfe
NA. (2017). Female Private Investigator http://www.private-investigator-info.org/female-private-investigator.html
Staff, P. 2011. What is a Private Investigator? https://www.pinow.com/articles/259/what-is-a-private-investigator
U.S Bureau of Labor Statistics. Occupational Outlook Handbook: Private Detectives and Investigators. https://www.bls.gov/ooh/
Protective-Service/Private-detectives-and-investigators.htm#tab-2
Legislation and regulations
The Private Security Industry Regulatory Act 56 of 2001.
The South African Consumer Protection Act of 2008.
Report
PSiRA Annual Report 2015/2016.
PSiRA Annual Report 2016/2017.
White paper policy
Batho Pele – “People First” White Paper on Transforming Service Delivery, 1997.
Head Office:
420 Witch-Hazel Avenue, Eco Glades 2 Office Park,
Highveld Ext 70, Centurion 0158
Tel: 086 10 PSiRA (77472)
Helpdesk: 086 133 3850
Email: [email protected]
www.psira.co.za

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THE PRIVATE EYE

UNDER THE MICROSCOPE

CBI Criminal Bureau of Investigation

DMV Department of Motor Vehicles

DTI Detective Training Institute

FOI Freedom of Information Act

IMEI International Mobile Equipment Identity

PIs Private Investigators

PSiRA Private Security Industry Regulatory Authority

SAPS South African Police Services

USA United States of America

1. Introduction legal, financial and personal matters. Private

1 Section 3 of the Private Security Industry Regulatory Act. Act 56 of 2001.

7. Literature review There are a number of private investigators

Manley states that there is no formal 8. Intelligence vs Investigation

Buch (2013) argues that “Intelligence is 9. Limitations

14 Buch, N.2013. Intellegence vs Investigation, OBI vs IS. http://www.vifindia.org/article/2013/july/08/intelligence-vs-investigation-or-cbi-vs-ib.

9. Limitations (continued) the benefit of another person, investigates

There is a divergence between the two

10. Research findings (continued)

Forensic Fraud Cheating Theft Cyber Global risk

Figure 2: How private investigation links with other sub-sectors

Private investigation is a diverse sector as is confined to solving a criminal case. There

20 McMahon, R.2001. Practical Handbook for Private Investigators. Available at https://archive.org/stream/Practical_Handbook_for_Private_

10.4 Assignments performed by a private investigator

Interviews and Service of legal

Homicide, suicide Reconstruction of

Trademark and Slip and fall accident Domestic or divorce

Figure 3. Assignments done by a private investigator

10. Research findings (continued) Of interest, McMahon avers that it is legal to

10. Research findings (continued) that private investigators operate in an office

10. Research findings (continued)

48 Contribution by service providers during a Validation Workshop, 26 October, 2017.

10.8 Training in private investigation training directive as they incorporate basic

10. Research findings (continued) information to the users, prospective users or

76 Section 41 of the Consumers Protection Act of 2008.

77 Section 54 (1)(b) of the Consumer Protection Act.

11. Recommendations (continued) 12. Conclusion

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