Name: Ayanda Candice

Surname: Cele

Student Number:
67939902

Module code: FOR2601

Unique Number: 548696

Assignment 02

Due: 26 April 2024

Question-1

Legislative Mandate of the Public Protector

The Public Protector is a vital constitutional institution in South Africa, empowered by the
Public Protector Act 23 of 1994. The role is designed to investigate any conduct in state
affairs or public administration across all government spheres, suspected of being improper
or resulting in prejudice. This broad mandate ensures that the office can oversee a wide
array of government activities and functions, enhancing transparency and accountability.

Matters that can be investigated by the Public Protector

The Public Protector can investigate a range of entities including central and provincial
government bodies, local authorities, individuals performing public functions, and
corporations or companies with state involvement, such as Eskom and Telkom. Statutory
councils like the Human Sciences Research Council and the Council for Scientific and
Industrial Research are also within the investigatory scope. However, the office does not
have jurisdiction over court decisions.

The powers of the Public Protector on receipt of a complaint

The Public Protector has the authority to initiate investigations proactively or in response to
complaints. Preliminary investigations can be conducted to assess the merits of a complaint.
The powers include directing individuals to submit affidavits, summoning them to give
evidence, and producing documents. If someone is implicated during an investigation, they
must be given an opportunity to respond, which can involve presenting evidence or
questioning witnesses through a legal representative.

The powers of the Public Protector to search and seize items.

The Public Protector has significant search and seizure powers, including entering premises
to make inquiries and seizing relevant items. These actions typically require a warrant
issued by a magistrate or judge, valid for three months and executable only during the day
unless night-time execution is authorized. Under certain conditions, warrantless searches
and "no knock" entries are permitted, especially if there's a risk of evidence destruction. It's
crucial for investigators to understand the differences between these powers and those
typical of police operations, necessitating familiarity with specific legislative contexts and
operational environments.

These powers and responsibilities enable the Public Protector to effectively oversee
government operations and ensure that state authorities conduct themselves appropriately,
thereby upholding the principles of fairness, transparency, and justice in public
administration.
Question- 2

Requirements of a good investigation report:

2.1 . Van Rooyen (2001:83) outlines the following requirements for a good report:

Completeness: Ensure that the report contains all necessary information without any
omissions.

Accuracy: Present an exact, precise, and reliable account of the activity or crime being
reported.

Factual: Base the report on first-hand experiences and occurrences rather than relying on
hearsay or second-hand information.

Avoidance of Hearsay: Refrain from including second-hand information or rumors in the

report.

Meaning of Words/Comprehension: Use clear and unambiguous language to accurately

convey the intended message without room for misinterpretation.

Timeliness: Submit the report within the specified timeframe to allow for prompt action by the
recipient.

Objectivity: Maintain objectivity throughout the report, presenting facts as they are without
being influenced by personal feelings or biases.

Referencing: Provide references to previous reports or relevant documents to provide

context and background information to the reader.

2.2 . A good investigation report is essential for conveying the findings, analysis, and
conclusions of an investigation effectively. Here are some critical requirements for
such a report:

Completeness: A good investigation report should be comprehensive, containing all relevant

information related to the investigation. It should leave no gaps or unanswered questions
regarding the incident or issue under investigation.

Accuracy: The report must be accurate and precise, providing an exact and reliable account
of the investigation process, findings, and conclusions. Any factual inaccuracies can
undermine the credibility of the report and its findings.

Objectivity is crucial in investigative reporting. The report should present facts and evidence
impartially, without bias or personal opinion. It should focus on what can be proven based on
the evidence gathered.
Timeliness: The report should be submitted within the specified timeframe, allowing decision-
makers to act promptly based on its findings and recommendations. Delays in reporting can
lead to missed opportunities or ineffective responses.

Clarity and Accessibility: The report should be written in clear and understandable language,
avoiding technical jargon or ambiguity. It should be structured logically, with sections and
headings that facilitate easy navigation and comprehension.

Evidence Documentation: All evidence collected during the investigation, including witness
statements, forensic reports, and documentary evidence, should be accurately documented
and properly safeguarded. Any mishandling or loss of evidence can compromise the integrity
of the investigation.

Structured Format: The report should follow a structured format, typically including sections
such as introduction/background, purpose, investigation methodology, findings, analysis,
conclusions, and recommendations. Each section should flow logically and build upon the
previous ones.

Recommendations: Based on the findings of the investigation, the report should include
clear and actionable recommendations for addressing the issues identified. These
recommendations should be practical, feasible, and aimed at preventing similar incidents in
the future or resolving existing problems.

Transparency: The report should be transparent about the investigative process,

methodologies used, sources of information, and any limitations or constraints encountered
during the investigation. Transparency helps build trust in the integrity of the investigation
and its outcomes.

Legal Compliance: The report must adhere to all legal requirements and regulations
governing the conduct of investigations and the handling of evidence. This includes ensuring
the admissibility of evidence and maintaining the confidentiality of sensitive information.

In summary, a good investigation report should be thorough, accurate, objective, timely,

clear, and structured, with well-documented evidence and actionable recommendations. It
should uphold principles of transparency and legal compliance to ensure its credibility and
effectiveness in informing decision-making processes.
Question-3

3.1

 Purpose:
Interviewing: The purpose of an interview is to gather and verify relevant information in a
non-confrontational manner. It aims to explore what the person knows and whether it may be
important for the investigation.

Interrogation: Interrogation involves formal and systematic questioning with the primary goal
of obtaining an admission or confession from the subject.

 Approach:
Interviewing: Interviews are conducted in a non-confrontational manner, focusing on
establishing rapport with the interviewee and encouraging open communication.

Interrogation: Interrogations involve a more confrontational approach, where methods are

used to reduce the subject's resistance to confession. This can include systematic
presentation of evidence, emotional appeal, or a professional approach by the interrogator.

 Techniques:
Interviewing: The cognitive interview technique is often preferred, involving establishing
rapport, reconstructing the event, encouraging the witness to report everything, recalling
events in different orders, and changing perspectives.

Interrogation: Interrogators employ techniques aimed at obtaining admissions or

confessions, which may involve systematically presenting evidence, asking searching
questions, and obtaining a statement from the subject.

 Outcome:
Interviewing: The outcome of an interview is to gather information and verify facts, potentially
leading to further investigation or clarification of details.

Interrogation: The desired outcome of interrogation is to obtain an admission or confession

from the subject, which may lead to formal charges or further investigation into other crimes .

 Control and Interaction:

Interviewing: Interviews are typically conducted with the interviewer setting the tone and
background for the discussion. The interviewer aims to avoid influencing the witness and
encourages open communication.
Interrogation: The interrogator maintains control of the process, ensuring that the subject
does not take control. Interrogators must balance treating the subject with dignity and
respect while still maintaining authority during the questioning process.

3.2 Detecting crime and transgressions within an organization involves various

means, including:

3.2.1. Surveillance Systems:

Example: Closed-circuit television (CCTV) cameras are commonly used in retail stores to
monitor customer and employee activities. These cameras can detect theft, vandalism, and
other illicit activities by capturing real-time footage.

3.2.2. Audits and Financial Analysis:

Example: Regular financial audits and analysis of financial records can help detect
fraudulent activities such as embezzlement, money laundering, or accounting fraud within an
organization. For instance, discrepancies in financial statements or irregularities in expense
reports may signal potential wrongdoing.

3.2.3. Whistleblower Hotlines:

Example: Many organizations have established anonymous whistleblower hotlines or
reporting mechanisms where employees can confidentially report unethical behaviour, fraud,
or other wrongdoing. For instance, an employee might use a whistleblower hotline to report
instances of bribery or corruption within the company.

3.2.4. Data Monitoring and Analysis:

Example: Monitoring employee emails, internet usage, or access to sensitive data can help
detect unauthorized activities or breaches of company policies. For example, analysing
network logs may reveal unusual patterns of data access or attempts to bypass security
protocols, indicating potential insider threats or cyberattacks.
3.2.5. Employee Training and Awareness Programs:

Example: Conducting regular training sessions on ethical conduct, compliance with

company policies, and recognizing red flags of fraud can help educate employee and
raise awareness about potential risks within the organization. For instance,
employees may learn how to identify phishing emails or social engineering tactics
used by fraudsters to gain access to confidential information.
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• I understand what academic dishonesty entails and am aware of Unisa’s
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• I declare that this assignment is my own, original work. Where I have used
someone else’s work, I have indicated this by using the prescribed style of
referencing. Every contribution to, and quotation in, this assignment from the work or
works of other people has been referenced according to this style.
• I have not allowed and will not allow anyone to copy my work with the intention of
passing it off as his or her own work.
• I did not make use of another student’s work and submit it as my own.

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