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CONTENTS
 Page

FOUNDATIONAL UNDERSTANDING OF FORENSIC SCIENCEv

Study unit 1: The forensic investigator 1
1.1 Introduction1
1.2 Who is the investigator? 2
1.3 Mandate to investigate 8
1.4 Private persons 11
1.5 Discussion12
1.6 Summary12

Study unit 2: The investigative process 15

2.1 Introduction15
2.2 Investigation16
2.3 Purpose of investigation 17
2.4 Criminal vs forensic investigation 18
2.5 Investigative process 19
2.6 Summary21

Study unit 3: Basic concepts in the investigative process 23

3.1 Introduction23
3.2 Identification 24
3.3 Individualisation26
3.4 Locard exchange principle 27
3.5 Continuity of possession 28
3.6 Guidelines for maintaining the chain of possession 29
3.7 Summary30

Study unit 4: Information32

4.1 Introduction33
4.2 Definition 33
4.3 Information and investigation 34
4.4 People as sources of information 36
4.5 Taking notes 37
4.6 Methods of taking notes 39
4.7 Techniques in obtaining information 41
4.8 Standard of proof and burden of proof 42
4.9 Summary43

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Study unit 5: Statements: theory 46
5.1 Introduction46
5.2 Definition 47
5.3 Sworn witness statements 48
5.4 Requirements for an affidavit 49
5.5 Administrative arrangements 50
5.6 Affirmation or solemn declaration 51
5.7 Admonishment51
5.8 Unsworn statement 52
5.9 Dying declaration 52
5.10 Exculpatory statement 53
5.11 Suspected persons: interviews and statements 53
5.12 Statements made by witnesses 55
5.13 Confessions56
5.14 Admissions56
5.15 Summary57

Study unit 6: Statement: practical considerations 59

6.1 Introduction59
6.2 Preamble60
6.3 Getting started 61
6.4 Conclusion of the statement 64
6.5 Supplementary statements 66
6.6 Anonymous deponent 66
6.7 Requirements67
6.8 Summary70

Study unit 7: Constitutional and administrative prescripts 71

7.1 Introduction71
7.2 Judges’ rules 74
7.3 Constitution76
7.4 Summary79

Study unit 8: Crime scene management 82

8.1 Introduction82
8.2 What is a crime scene?  83
8.3 Initial actions of an investigator upon receiving a report of a crime or incident 85
8.4 Assessing and entering a crime scene 85
8.5 Evidence found at a crime scene 85
8.6 Protecting a crime scene 86
8.7 Continuity of possession (chain of evidence) 86
8.8 Record-keeping at a scene of crime/incident 87
8.9 Note taking 87
8.10 Characteristics of the content of notes 89
8.11 Sketch plans of the crime scene 89
8.12 Summary90

Study unit 9: Testimony by the investigator 93

9.1 Introduction93
9.2 Conduct in court 94
9.3 Notes95
9.4 Summary96
9.5 Rerences
 FOUNDATIONAL UNDERSTANDING OF
FORENSIC SCIENCE

Dear student

Welcome to the module

Welcome to the module Forensic Methods and Techniques (FOR1501). This is one of
two investigative modules for the first year of the BA: Forensic Science and Technol-
ogy and the duration of this module is 6 months (one semester). We hope that, as you
work through this module, you will come to understand that there is more to the work
of a forensic investigator than meets the eye. Forensic investigation is hard work and
requires the utmost dedication. Furthermore, it has to be conducted in a systematic
way within the law of the land, including international law or multilateral agreements,
for it to be successful.

Before we continue, critically reflect on the following questions:

• Why have you enrolled for this module?

• What do you expect to learn from it?
• Do you think studying forensic investigation in this way will make you a better
investigator?
• If you think so, how do you think this will happen?

You may wonder why we have asked you to consider these aspects. We have done so
in order to emphasise that while we may be looking at forensic investigation from a
theoretical point of view, it remains a practical field and you will have to be able to apply
what you have learnt to practical situations. If you work in the field of corporate, private
or public service law enforcement agencies and you administer cases, we hope that this
module will help you to develop competencies to investigate crimes or incidents suc-
cessfully within the ambit of the South African Constitution and other international,
bilateral or multilateral agreements.

Why study this module?

We focus on guiding you to be able to

• understand your role as a forensic investigator, authorised by a specific mandate to

conduct your work in the larger forensic investigation arena (and if you don’t have
a specific mandate, how to determine this)
• understand the universal principles of forensic investigation, despite the changing
contexts of public, private and corporate investigations
• assess and identify the nature of an incident or crime scene and to gather relevant
information and evidence in an attempt to reconstruct and understand what happened

FOR1501/1(v)
 • make investigative decisions within the ambit of the Constitution, relevant legislative
and policies based on a given scenario
• collect, handle, preserve and present evidence
• write a statement
• deliver a professional presentation of evidence at a relevant platform, i.e. a criminal,
civil or disciplinary hearing

Purpose of this module

This module will provide an overview of the field of forensic investigation while
highlighting the interrelated principles and procedures of criminal investigation. The
module will provide an overview of forensic investigative terminology, basic principles,
methods, techniques and concepts. The aim is to develop your investigation competen-
cies regarding forensic investigation methods and techniques in respect of crimes and
other irregularities/incidents. This module is focused on practical investigative work
by a forensic investigator who functions in the public, private or corporate environ-
ment and not that of the forensic scientist who functions in a laboratory. Once you are
credited with this module, you will be able to

• demonstrate an understanding of the basic principles and procedures relating to the

investigation of crimes, incidents and transgressions that may occur in the public,
private or corporate environment
• identify and analyse a situation as constituting a crime, incident or transgression
in order to determine the resources that must be activated and the procedures that
must be followed
In this module we will use as a lens the philosophical approach of ubuntu as fundamental
to ensuring that the principles of social responsibility, graduateness, humanising the
law and Africanisation are infused in the learning material and assessment practices.

Framework of the module

Figure 0.1 below gives you an overview of the units of FOR1501 and what we will be
covering during this semester.

FIGURE .1
Layout and structure of the module

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 Foundational understanding of forensic science

Learning approach
This module is being offered partially online (a blended approach is being used). This
means that everything you receive in hardcopy format will also be available online. We
will thus rely on you to make sure that your contact details are up to date all the time,
as we use SMS, emails and announcements on myUnisa to communicate with you.
If you fail to make sure that Unisa has your correct contact details, you may miss out
on some very important notifications such as reminders of due dates for assignments,
feedback and discussions.

Refer to Tutorial Letter 101 for instructions to follow regarding this matter. Tutorial
Letter 101 is a key part of your study material for the module. It contains important
information such as dates, assignment information and instructions on how to access
myUnisa. Refer to all the tutorial letters and go online regularly to the module site on
the myUnisa platform.

Refer to Tutorial Letter 101 on how best to engage with the contents of this study guide.
You need to actively engage with the study material by underlining/highlighting text
and making notes and summaries.

A multilingual glossary of terms will be available on the module site on myUnisa.

Icons
The following icons will be used in the study material:

Table 0.1 Icons used

ICON EXPLANATION OF ICON

Where we are going
This icon indicates that after this unit, you are going
to the next unit.
Where we are

This icon indicates the unit you are currently learn-

ing.
NB/take note
Information of particular importance is indicated by
this icon.

Definition

This icon indicates a clarification of a word/concept

or the nature of something.
Activity
This icon indicates that you are required to complete
certain activities which will assist you with your stud-
ies.

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 ICON EXPLANATION OF ICON
Example

Examples are given for further clarification and are

indicated by this icon.

Before we start on the content of this module, it is important that you understand the
emergence of forensic investigation and developments and its application to African
countries.

Brief history and development of forensic science

The history and development of forensic science are key to understanding where we were
and where we are now in issues relating to crime investigations. Forensics originates
from the Latin word forensis, which means a forum. Forensic science is vital when we
need to present evidence to the court of law to either convict or acquit a suspect of a
particular crime.

In recent times, forensics (used interchangeably with forensic science) has been closely
related to legal issues, the court and different disciplines. In academic literature, forensic
science could be traced as far back as the beginning of the 18th century. During the
time of the Romans, a criminal charge meant presenting the case before the public.
Both the person accused of the crime and the accuser would give speeches based on
their side of the story. The individual with the best argument would determine the
outcome of the case.

Certain role players contributed to the development and realisation of the importance
of forensic science from the 18th century to the present. Initially, Mathieu Orfila, also
known as the Father of Toxicology, wrote about the detection of poisons and their ef-
fects on animals. He was followed by Alphonse Bertillon, the Father of Anthropometry,
who developed a system to distinguish one individual person from another based on
certain body measurements. Francis Galton, also known as the Father of Fingerprinting,
developed fingerprinting as a way to uniquely identify individuals. Their contributions
have played a significant role in solving crime.

Similarly, James Marsh was the first to introduce chemical evidence of arsenic in a body
during a trial in 1839. Leone Lattes, also known as the Father of Bloodstain Identifica-
tion, developed a procedure for determining the blood type (A, B, AB, or O) of a dried
bloodstain. Calvin Goddard, the Father of Ballistics, developed the technique to examine
bullets, using a comparison microscope, to determine whether or not a particular gun
fired the bullets. This is a common method applied by law enforcement agencies today
when solving crime involving the use of a firearm.

Albert Osborn, called the Father of Document Examination, established the accept-
ance of documents as scientific evidence by the courts. Walter McCrone, the Father of
Microscopic Forensics, developed and applied his microscope techniques to examine
evidence in countless court cases. Edmond Locard, known as the Father of Criminal-
istics, used the scientific method in criminal investigation. He built the world’s first
forensics lab in France in 1910. The Locard exchange principle states that whenever
two objects come into contact with each other, there is always a transfer of material.

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 Foundational understanding of forensic science

Furthermore, J Edgar Hoover, the Father and Director of the Federal Bureau of Inves-
tigation during the 1930s, organised a national laboratory to offer forensic services to
all law enforcement agencies in the United States. A DNA profile (DNA fingerprint)
in 1984 was first developed by Sir Alec Jeffreys.

The work of the above pioneers contributed greatly to the criminal justice system
around the world today. Unfortunately, some African countries such as Nigeria have
not utilised the advantages of forensic science in solving the numerous crimes on this
continent. With proper usage of forensic science, the evidence acquired could be used
in a court of law to fight crimes (Iorliam 2018).

Forensic science has since developed in various disciplines such as the following:

forensic accounting/auditing, computer/cyber forensics, crime scene forensics, foren-

sic archaeology, forensic dentistry, forensic entomology, forensic graphology, forensic
pathology, forensic psychology, forensic toxicology etc.

Conclusion
It is important to note that this module is focused on practical detective work of a fo-
rensic investigator and not the work being done by a forensic laboratory scientist. As you
work through this module, it is important that you understand the multi-dimensional
nature of being a forensic investigator. It is not as simple as you have seen on popular
television programmes. Conducting a forensic investigation will require perseverance,
persistence, hard work and dedication. It will also require you to do things in a specific
and orderly way, keeping record as you go along. Since the end product will be tested
by a set of legal rules, it is very important that whatever you do is done ethically and
lawfully and can withstand legal scrutiny.

We hope that you will find this module informative and enjoyable.

Following this introductory unit 0, we will examine the investigator in unit 1.

Bibliography
The sources in the bibliography below informed most of the content of this unit. It is
not necessary for you to read these sources for this module. You won’t finish the study
material if you find and read each of them. They are listed for your convenience if you
wish to read any reference.

Iorliam, A. 2018. History of forensic science. https://www.researchgate.net/publica-

tion/326051477_History_of_Forensic_Science [Accessed on: June 2018].

Lawrence, CR. 2018. Francis Galton:1822-1911. Arizona: The Embryo Project.

Locard, E. 2007. Dr. Edmond Locard (1877-1966), the Sherlock Holmes of Lyons.
https://www.researchgate.net/publication/5504962_Dr_Edmond_Locard_1877-1966_
the_Sherlock_Holmes_of_Lyons [Accessed on: 11 July 2020].

United States National Library of Medicine. 2014. Visible proofs: forensic views of the
body. https://www.nlm.nih.gov/exhibition/visibleproofs/galleries/biographies/orfila.
html [Accessed on: 3 December 2014].

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1

CONTENTS
 Page
Study unit 1: The forensic investigator 1
1.1 Introduction 1
1.2 Who is the investigator? 2
1.2.1 Criminal investigators or police detectives 3
1.2.2 Peace officers (i.E. Metropolitan police services) 5
1.2.3 Private investigators 5
1.2.4 Corporate investigators 7
1.2.5 Statutory investigators 8
1.3 Mandate to investigate 8
1.3.1 Risks and considerations 9
1.3.2 Format of an investigation mandate 9
1.4 Private persons 11
1.5 Discussion 12
1.6 Summary 12

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2 STUDY UNIT 1

1 The forensic investigator

1.1 INTRODUCTION
Welcome to the first unit of FOR1501: Forensic Methods and Techniques. As the study
guide unfolds, you will see how many so-called side issues there are that impact on the
outcome of an investigation. These issues are important and include day-to-day occur-
rences that affect the way in which you, as a forensic investigator, or aspiring forensic
investigator, interact with the larger arena within which crimes, irregularities, transgres-
sions or other wrongdoings are investigated. Elaborating on these issues will enable
you to address them constructively if you come across them in your work environment.

The first step in the investigation process is to understand that there are different kinds
of investigators. These include criminal investigators, civil or private investigators and
corporate investigators. We will discuss each type and their various roles. It is funda-
mentally important to understand that every investigator is guided and empowered by
a specific mandate to investigate. Without a mandate that authorises you to engage in
the information and evidence-gathering activities central to forensic investigation, you
are bound to expose yourself to multiple risks. It is of the utmost importance for you
to be very familiar with the mandate that guides your work as an investigator.

The different kinds of investigators have diverse roles because of their different mandates
and the particular focus of their work. However, even though their focus and respon-
sibilities may differ according to their specific mandate, they are still able to assist one
another. It is therefore vital that you understand these roles so that you can approach
the people with the right skills when special assistance is required. It is also important
to be able to distinguish between criminal investigations and civil/departmental inves-
tigations. Not only do they differ in nature and purpose, but the burden of proof that is
necessary to secure a conviction or positive finding also differs. Criminal investigations
relate to common-law and statutory-law offences, whereas civil investigations relate to
actions between individuals and also departmental/disciplinary transgressions. We will
explain these in more detail as we go along, as these can, and often do, overlap.

Please view lecture video for unit 1 on the module site, under Additional
Resources. The lecture video will explain unit 1 content and unpack the learn-
ing outcomes.
After you have watched the video, please participate in discussion forums for
continuity of learning about unit 1. Then we will discuss the next unit.

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 OUTCOMES
After completing this unit, you should be able to

• Explain what an investigator is

• Identify the different categories of investigators in the public, private and corporate
domain
• Explain the importance of a mandate for the investigator

Unit 1 Unit 6
the investigation Statements practical
considerations

Unit 2 Unit 7
the investigative process Constitutional and
administrative prescripts
Unit 3
basic concepts in the Unit 8
investigative process Crime scene management
Unit 4
Information
Unit 9
Testimony by the
Unit 5 investigator
Statements theory

FIGURE 1.1
How are we progressing?

TIME REQUIRED FOR UNIT 1

This unit will require approximately 16 hours.

KEY TERMS AND CONCEPTS

You will need to master the following key concepts in order to achieve the learning
outcomes for this unit:

• Investigator
• Mandate
• Private persons

1.2 WHO IS THE INVESTIGATOR?

In this qualification (BA in Forensic Science and Technology), when we refer to an
investigator or detective, the following definition applies:

The investigator is a private, corporate or law enforcement official/person who in-

vestigates and gathers information and evidence about possible crimes, irregularities,
transgressions or other wrongdoing.

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 Study unit 1: The forensic investigation

An investigator is therefore a person who is always searching for the truth. The pursuit
of truth is, in effect, what investigation is all about. It is defined by Van Rooyen (2001:50)
as “a systematic search for the truth”. For that reason, the approach should be focused
and targeted. Guided by a specific mandate, the investigation should be conducted
with strict regard to the law, the disciplinary code, rules of evidence and human and
individual rights. Ignoring these basic requirements will mean that the investigation
process is flawed and that the case will probably be lost.

We will also discuss the judges’ rules and the Bill of Rights so that you understand how
fundamental these are to lawful and proper conduct when undertaking an investigation.

SELF-ASSESSMENT ACTIVITY 1.1

Time for activity: 30 minutes

Write down your own definition of an investigator, with specific reference to your
work environment. If you are not currently working as an investigator, think
about a specific environment where you aspire to work and write a definition of
an investigator as it would be advertised in the newspaper.

Feedback and suggested solutions to self-assessment activity 1.1 will be provided on

the online discussion forum and in follow-up tutorial letters.

Next, we will explore the different categories or types of investigators. The first category/
type that we will deal with is the criminal investigator or police detective.

1.2.1 Criminal investigators or police detectives

The police detective is in the employ of a policing agency. In South Africa, this is the
South African Police Service (SAPS). Its members are vested with extensive powers,
ranging from the right to enter premises, question people, search premises and seize
evidence, to the right of arrest and detention. SAPS is the default agency (the prime
agency) for the investigation and prevention of crime in South Africa. However, there
are a number of other agencies in the country that have mandates that either contradict
or complement that of SAPS. All these agencies do investigations of some sort, whether
they are criminal, civil or departmental in nature.

In the matter of S v Botha and Others (1) 1995 (2) SACR 598 (WLD), the court stated
that “society have become so specialized and that there are so much legislation and in-
dustries which are being administered and regulated, that no police service in a modern
society can investigate and prevent all crime without the assistance of private instances”.
Police officials, including detectives, are appointed in terms of the provisions of the
Police Service Act 68 of 1995. Their powers are set out in, among others, section 205(3)
of the Constitution of the Republic of South Africa, 1996, the Police Service Act, the
Criminal Procedure Act 51 of 1977 (CPA) and other empowering legislation. There are
also various Acts of Parliament that specifically empower the police to do investiga-
tions. For example, within SAPS there are commercial crime detectives, organised crime
detectives, Directorate of Priority Crime Investigations “The Hawks” etc.

Before the start of an investigation, the first important issue to consider is whether the
investigator has the legal right to do the investigation. This is important because, as we
will show later, there are other investigating agencies that have similar powers to the

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 police. In some instances these agencies can use their powers only when the investiga-
tion is sanctioned by law. These laws must therefore be studied carefully to determine
whether the investigation is lawful. If an investigation is not conducted within the
confines of the law, it is not lawful.

The powers and functions of SAPS, as set out in section 205(3) of the Constitution of
1996 referred to above, are to prevent, combat and investigate crime, to maintain public
order, to protect and secure the inhabitants of the Republic and their property, and to
uphold and enforce the law.

For the police to be able to do their work, the CPA has certain provisions which allow
the police to (among other things)

• Search and seize articles (with or without warrant)

• Question persons
• Enter premises
• Overcome resistance and use force
• Take fingerprints and ascertain bodily features of an accused
• Arrest and detain persons
• Serve summons and other legal documents
• Release persons on bail under certain circumstances
• Do undercover investigations

These are not the only powers that have been conferred on police officials, and we
urge you to study the CPA to see what other powers there are. There are various Acts
of Parliament which entrust the police with the responsibility and powers to enforce
this legislation. One example is the Firearms Control Act 60 of 2000, which grants
the police wide-ranging powers in respect of firearms. Does this suggest that police
officials’ powers are unlimited? No. They must obey the laws of the land and act in ac-
cordance with the Constitution. For instance, police officials who act wrongfully while
conducting search and seizure operations are liable to be prosecuted. Apart from a fine
of R600, the police official may be ordered to pay damages to the person who suffered
as a result of the wrongful actions. The aggrieved party may also institute a civil action
for damages against the department.

Unfortunately, however, there are some police officials who abuse their powers, such
as arresting and detaining citizens on trivial charges. In some reported cases, the high
courts have regarded these arrests as malicious and unlawful and have consequently
awarded substantial damages against the Minister of Safety and Security and the Na-
tional Commissioner of Police.

Police officials are also commissioners of oaths. This means that, in terms of their ap-
pointment as police officials, they are entitled to take an oath or affirmation, that is,
administer an oath or take a solemn declaration. This appointment is referred to as an
“ex officio” appointment, meaning “by virtue of office” in terms of the provision of
section 6 of the Justices of the Peace and Commissioners of Oaths Act 16 of 1963.

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 Study unit 1: The forensic investigation

SELF-ASSESSMENT ACTIVITY 1.2

Time for activity: 120 minutes

Consider the court’s remark above in S v Botha and Others (1) 1995 (2) SACR
598 (WLD) and share your opinion on this with your fellow students on discus-
sion forum 1.2.

Feedback and suggested solutions to self-assessment activity 1.2 will be provided

on the online discussion forum and in follow-up tutorial letters.

1.2.2 Peace officers (i.e. metropolitan police services)

There are also the various metropolitan police services. Although their functions are
mainly to do with enforcing traffic and local ordinances and by-laws, they also have
policing powers. Metropolitan police officials are appointed “peace officers” in terms
of the provisions of section 334 of the CPA. A peace officer includes the following
categories of persons:

• Any magistrate
• Any justice
• Any police official
• Any correctional official
• Any person who is a peace officer under section 334 (of the CPA)

Peace officers have extensive powers, including the right of arrest without a warrant.
Although they may not enter premises for the purpose of search and seizure, they have
the power to search arrested persons and to seize certain articles (see section 23(1)(a) of
the CPA). Metropolitan police officials are primarily responsible for investigating and
enforcing local government by-laws. They are an invaluable aid to the police as they
may assist in setting up and controlling roadblocks, and assist at scenes of serious traffic
collisions, disasters, crowd control and a host of other functions that alleviate the work
of SAPS. Owing to the wide and varied responsibilities of the different categories or
types of investigators, cooperation among them is vital to achieve the ultimate goal of
fighting crime successfully.

1.2.3 Private investigators

A private investigator does not have the same legal status as a police official. This person
acts in their private capacity and cannot force any person to cooperate in an investiga-
tion or to be questioned. Witnesses cooperate with private investigators voluntarily and
may refuse to answer their questions.

A private investigator is defined as follows in section 1(1) of the Private Security Industry
Regulation Act 56 of 2001:

“‘private investigation’ means a person who, in a private capacity and for the benefit
of another person, investigates the identity, actions, character, background or prop-
erty of another person, without the consent of such person, but does not include:

(a) auditors, accountants, attorneys, advocates or forensic scientists conducting inves-

tigations which fall within the normal and reasonable course and scope of their
professional functions;

FOR1501/15


(b) internal investigators conducting normal and reasonable investigations into em-
ployee misconduct;
(c) internal investigators conducting investigations which a business, other than an
investigation business, may undertake in the course and scope of its normal and
reasonable endeavours to safeguard its security, strategic, operational or business
interests;

Provided that no person is excluded from the definition of a private investigator if

he or she conducts any investigation which falls within the exclusive functions of
the State.”

The operative words in the definition are “... in a private capacity and for the benefit of
another person ...”. It is therefore quite clearly stated that the investigator is acting in a
private capacity and is doing the work for someone else. You may question the role of
private investigators if they do not have the same powers as police officials, yet they do
have a very important role to play. Whereas police investigators are restricted to criminal
matters, private investigators can investigate both criminal and civil matters. Private
investigators are employed by industry to conduct claims investigations, credit checks,
background investigations and to locate missing people. They are also hired to conduct
investigations in divorce matters, perform surveillance and conduct undercover opera-
tions, for example where there is stock shrinkage in stores and the private investigator
has to infiltrate the syndicate. Private investigators are also contracted by companies that
feel that the involvement of the police will undermine the integrity of their company,
or they may fear negative press reports. All they really want is recovery of the loss or
damage and to get rid of the person(s) responsible without having to go to court or face
damaging media coverage.

The role of private investigators is not limited to these functions because, in the course
of their investigations, they also sometimes come across criminal matters and can then
enlist the assistance of the police, once a criminal charge has been laid. It is therefore
vital that private investigators be aware of their responsibilities because, as we will
discuss later, if their actions are illegal, the case may be lost. We refer here to obtain-
ing information in an unconstitutional way, such as when a private investigator taps
another person’s telephone illegally, and the tapping device is discovered or the victim
becomes aware of the illegal actions. Even if the device is not discovered, it remains
an illegal practice. Private investigative companies are as successful or unsuccessful in
performing their roles as the people they employ. Their success depends on the quality
of the evidence they are able to present to their clients. Once the private investigator
has sufficient evidence to support a criminal charge, the matter may be handed over to
the police for arrest and prosecution.

The integrity of any investigator should be beyond reproach or no court of law will ac-
cept the evidence of this person. There will always be a suspicion that the evidence was
obtained illegally or unconstitutionally. Van Rooyen (2004:19) lays down the following
principles for private investigators to follow:

• Perform investigations professionally, morally and ethically.

• Work within the framework of the law.
• Conduct investigations lawfully.
• Protect confidential information.
• Tell the whole truth when presenting evidence.

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 Study unit 1: The forensic investigation

1.2.4 Corporate investigators

These are private investigators that are in the full-time employ of an organisation/com-
pany or a bank. Van Rooyen (2004:35) states that there are three kinds of threats clearly
identified against any organisation:

• The personnel are threatened.

• The organisation’s information is threatened.
• The organisation’s property is threatened.

One of the major threats that a company’s personnel may face is a strike, where work-
ers are intimidated. It is important for you to understand what the role of the corpo-
rate investigator is. A corporate investigator usually has full access to the company’s
information about staff records, financial dealings and a great deal of other valuable
information that the police detective may require. It is very important, when conducting
an investigation in an organisation that employs a corporate investigator, to meet with
that person and enlist their assistance. They know the subculture in the organisation
and can be of enormous help. Quite often they are former police officials and are happy
to help a serving police member and other investigators. A police detective may be
faced with a complaint of corruption in an organisation. If this happens, it is likely that
they could be approached by the security official or manager who wants to discuss the
issue before laying a complaint. This happens from time to time and is not irregular,
as long as the complainant is aware of the fact that the police will not force a culprit
to confess or repay the stolen money by threatening them. If such an attempt is made
and the culprit resists, it will reflect badly on the integrity of the investigation when
the case goes to court. Besides, these actions are illegal, as they constitute the offence
of compounding. They can only be sanctioned by a court of law as part of a sentence
arrangement. The corporate investigator has quite a variety of roles and responsibilities.
They may be called upon to conduct information-related investigations which include
theft of intellectual property (patents or ideas that the company is working on), misuse
of programs (abuse of the information technology of the organisation), hacking (at-
tempting to gain access to the company’s database) or malicious emails (distributing
hate mail and other offensive material such as child pornography).

A second field of involvement is dealing with employee grievances, screening new

employees and doing background checks, issues of sexual harassment, ethical issues,
drug or alcohol abuse and other disciplinary issues. There are also financially related
issues such as fraud, theft, abuse of expense accounts and travel and subsistence claims,
or kickback payments from service providers. Maladministration in connection with
the company’s affairs is another, more serious, issue because it threatens the very exist-
ence of the organisation. The task of the corporate investigator is also to ensure that all
persons in the organisation act with integrity and the utmost good faith, to the benefit
of the organisation. Corporate investigators can also be responsible for investigating
property-related matters such as internal theft and fraud, misuse of property, procure-
ment irregularities, stock shrinkage and damage to the company’s property. The abuse
and unauthorised use of company vehicles also form a large part of the corporate
investigator’s task. Because these actions all contain an element of fraud, the company
should have a policy that regulates these issues.

The corporate investigator must have a very good knowledge of legislation relating to
labour issues and other industry-related matters. They must also be aware of the rules
and procedures of conducting disciplinary hearings, because the organisation will require
them to do the investigation, to assist the prosecutor during the proceedings or even to
conduct the investigation. In FOR1502 you will learn more about disciplinary hearings.

FOR1501/17


Van Rooyen (2004:39) summarises the responsibilities of the corporate investigator as

follows:

• Investigating crime, disciplinary issues, offences and irregularities

• Tracing and recovering stolen property
• Gathering information and evidence
• Determining company risks
• Protecting company assets, personnel and finance
• Building well-developed relationships and networking with other security officials,
police agencies and external employees in the safety and security environment
• Compiling investigative reports for management, including recommendations
• Giving evidence in a court of law or in disciplinary/internal hearings

1.2.5 Statutory investigators

These investigators are not police, private or corporate investigators. They fall into a
different category altogether and enforce the particular laws that govern their respon-
sibilities. These may include the following:

• Special Investigating Unit investigators

• South African Revenue Service (SARS) investigators
• South African Broadcasting Corporation (SABC) investigators
• Department of Sea Fisheries investigators
• South African Reserve Bank investigators
• Customs and Excise investigators
• South African Post Office investigators
• Investigators for Commissions of Inquiries
• Chapter 9 institutions (e.g. Public Protector, Human Rights Commissioner)

Each one of the above categories of investigators has different powers and responsibili-
ties. Some of them have wide-ranging statutory powers, whereas the powers of others
are limited to particular functions.

SELF-ASSESSMENT ACTIVITY 1.3

Time for activity: 60 minutes

Are there differences between police detectives and other investigators?

Share your thoughts on discussion forum 1.3.

Feedback and suggested solutions to self-assessment activity 1.3 will be provided on

the online discussion forum and in follow-up tutorial letters.

1.3 MANDATE TO INVESTIGATE

Every investigator needs a mandate which gives them authorisation to proceed with
a specific investigation. In the South African context, this mandate has to fall within
the parameters of the Constitution of the Republic of South Africa of 1996. Legisla-
tion, policy and almost every kind of framework within which investigators work and
perform their duties are informed by principles contained in the Constitution. It is
fundamentally important for every investigator to be very familiar with the mandate
that guides their actions during an investigation. A mandate serves as authorisation to
initiate or proceed with a specific investigation.

8
 STUDY UNIT 1: The forensic investigator

1.3.1 Risks and considerations

There are many do’s and don’ts in the world of an investigator in the public, private
and corporate sectors. Investigations should be carried out within the parameters of
the law and, where applicable, according to specific rules and regulations. Ethical and
moral standards should prevail and the investigator should apply their trade according
to an acceptable code of conduct. Working outside the scope of a specific mandate can
expose investigators to a range of problems as a result of illegal or unethical conduct.
These may include the following:

• Disciplinary action by the employer, i.e. where a corporate investigator communicates

the findings of their investigation to the media when they were not authorised to do so
• Civil claims being instituted against the company authorised to do an investigation
due to the unsanctioned actions of an investigator
• Criminal charges where a private investigator interferes with a police investigation
• Departmental charges against a uniformed police official at station level who
investigates cases that fall within the mandate of the organised crime unit and who
is not mandated or authorised to do so

Examples of private investigation practices which may amount to illegal or unethical

conduct are as follows:

• Searching private premises without the owner’s consent

• Obtaining restricted, confidential information such as bank statements
• Effecting an illegal arrest
• Intercepting third-party communication

The approach to private and corporate investigations differs from the approach of
members of SAPS. A much gentler approach is generally followed, for example wit-
nesses are always interviewed in private and care is taken not to offend anyone involved
in that investigation. Police involvement is not always sought in a private investigation,
even when the conduct of the person being investigated amounts to a criminal act.
However, this should not be encouraged. Private investigations are usually conducted in
confidence and their results submitted in a report to the person who initially provided
the mandate for the investigations to be conducted.

SELF-ASSESSMENT ACTIVITY 1.4

Time for activity: 60 minutes

Is a mandate really so important? Share your thoughts regarding the positive

and negative implications of a mandate on discussion forum 1.4.

Feedback and suggested solutions to self-assessment activity 1.4 will be provided on

the online discussion forum and in follow-up tutorial letters.

1.3.2 Format of an investigation mandate

A mandate is usually a written document in which a person who has the necessary au-
thority approves an investigation. The mandate itself, as well as the way to obtain it, may
differ widely from company to company, agency to agency and place to place. Again,
the way in which this is done may vary greatly: a large company may have an in-house
investigation department that identifies, initiates and conducts investigations according

FOR1501/19


to company policy and procedures. In another instance, a designated company manager,

such as the risk manager, may appoint a private investigator to conduct an investigation
on behalf of that company. Irrespective of how such an investigation is initiated and
conducted, some form of official mandate is required. Verbal authorisation is never a
good idea, as responsibility for decisions may be denied if this investigation reveals
sensitive information or threatens the position of key people. The investigator may be
left to “bite the bullet” for decisions that they did not make. You as the investigator also
need to know that the company, institution or entity that authorised the investigation
is supporting you when the going gets tough. Investigations are usually sensitive issues
that contain enormous potential for conflict. Your career or business may be at stake
when you undertake an investigation without a written mandate.

Below is an example of a letter of engagement in a private investigation. When signed,

the letter of engagement forms an investigation mandate. Again, it is important to note
that the format of such a letter can be very different from company to company and
institution to institution. Often, investigators of different companies and institutions
are tasked in a totally different way. What is important is that the investigator receives
their instruction or mandate in a clear and understandable way.

PRIVATE & CONFIDENTIAL

Ref: JSC 22/01/2015 The Manager The Loss Adjuster Company PO Box
10111 Pretoria
1000
Att: Mr Daniel Jack
22 January 2015
Proposed investigation: Disappearance of computers on 10 January 2022
Request background

JSC hereby confirms that we will be able to conduct an investigation into the disappear-
ance of five notebook computers on 10 January 2022 from the offices of LAC, 1223
Daniel Avenue, Pretoria.

As yet, no police case docket has been opened.

Scope of work

We have been requested to conduct an investigation and determine the following:

• Conduct an investigation into the disappearance of the five notebook computers.

• Establish whether the five missing notebook computers have indeed been stolen.
• Determine if any LAC employees were involved in the disappearance of the
notebook computers.

Strategy and time frame

Should this proposal be approved, the investigation will commence on Monday, 2

February 2022. The investigation will be carried out over a period of five working
days and be completed on Friday, 6 February 2022. A total number of 25 investigation
hours are needed to finalise the investigation. The investigation will be conducted by

10
 STUDY UNIT 1: The forensic investigator

an experienced investigator, Mr Watson Holmes. As part of the investigation, he will

do the following:

• Conduct an investigation at the premises of lac to obtain any possible physical clues
as to what happened
• Conduct interviews with personnel of LAC

Cost

The cost of the investigation will be as follows:

• One investigator @ r350 per hour x 25 hours

• The total cost will be R8 750 (eight thousand seven hundred and fifty rand), excluding
VAT

Risks and consequences

It is essential that the full cooperation of all LAC employees be obtained to conduct
this investigation successfully.

JSC provides a professional and effective service and uses experienced investigators.
However, it is not possible to guarantee that the case will be successfully solved and
the notebook computers retrieved.

Mandate
Should this proposal be favourably considered, acceptance of the proposal
will serve as a mandate for JSC to conduct the investigation as set out in
this document.
Kind regards
Gideon Jones
JSC

1.4 PRIVATE PERSONS

It is important to understand that private persons are not formally mandated to inves-
tigate crime, civil or disciplinary irregularities. As far as the CPA is concerned, private
persons do have certain powers. However, these powers are limited. For example, the
Act allows for the search of premises by a person who is lawfully in charge or occupies
any premises, if that person reasonably suspects the presence of stock (animals), produce,
intoxicating liquor, dependence-producing drugs, arms, ammunition or explosives on the
premises. If these are found, they are to be handed over to a police official immediately.

It may also happen that a member of the public is the first to arrive on the scene of
the incident and accost the suspect while the commission of a crime is in progress. In
these instances, section 42 of the CPA authorises a private person to arrest, without a
warrant, any person

• Who commits or attempts to commit in their presence or whom they reasonably

suspect of having committed an offence referred to in schedule 1. The private person
is furthermore authorised in terms of section 42(2) to pursue that person, and any

FOR1501/111


other private person to whom the purpose of the pursuit has been made known,
may join and assist
• Whom he reasonably believes to have committed any offence and to be escaping
from and to be freshly pursued by a person whom that private person reasonably
believes to have authority to arrest that person for that offence
• Whom they by any other law are authorised to arrest, without a warrant, a person
for an offence specified by that law. An example of this can be found in section
9(1) of the stock theft act 57 of 1989, where a private person may, upon reasonable
suspicion that another person has committed an offence mentioned in the act, effect
an arrest without a warrant
• Whom they see engaged in a fight

Section 42(3) authorises the owner, lawful occupier or person in charge of a property
to arrest any person who is found committing any offence, and any person authorised
to do so by the owner, occupier or person in charge may, without a warrant, arrest the
person committing the offence. Every male inhabitant of the country between the age
of 16 and 60 years is furthermore obligated in terms of section 47 of the CPA to assist
any police official who calls upon him to assist in the arrest and detention of a person.

Private persons are not investigators; their actions do not fall within the definition of
investigations.

1.5 DISCUSSION
From the discussion above, it should be clear that investigators can be found, ap-
pointed or called upon in almost every industry. These include a broad range of public
sector, private sector or non-governmental organisations. In criminal cases the state
is the complainant, irrespective of who the victim is. This is because a law of the state
has been broken. In these matters, the state prosecutor acts on behalf of the state. In
civil matters, the individual is the plaintiff (complainant). In departmental matters, a
person to whom the chief executive officer has delegated the power acts on behalf of the
organisation. Terminology differs where civil and criminal procedures are concerned.
In criminal cases, persons under investigation are referred to as “suspects” and, when
charged before court, they are referred to as “the accused”. The party taking action
in a criminal trial is called the prosecution (the state) and the victim (person that has
suffered the injury/prejudice) is called the complainant. Criminal prosecutions are
instituted by the senior public prosecutor, who prosecutes on behalf of the state. The
prosecutor receives a delegation from the Director for Public Prosecutions to be able
to prosecute in a criminal court. In civil matters, the person against whom action is
taken is referred to as the defendant or respondent. The party taking action is referred
to as the plaintiff. An action for damages is instituted in a civil court by way of a notice
of action, in which the defendant is informed of the pending action. The strength of a
court case depends on the witnesses. This is determined by the contents of the state-
ments they have made. The value or the quality of the statement depends on the way
in which it was taken and whether it conforms to legal requirements.

1.6 SUMMARY
It is fundamentally important to understand that investigators are always guided by a
specific mandate. For police detectives this may be, among other things, the CPA, as
well as the specific mandate of a unit, i.e. the Family Violence, Child Protection and
Sexual Offences Unit (FCS), which specialises in sexual crimes against women and

12
 STUDY UNIT 1: The forensic investigator

children. A corporate investigator’s mandate may only consist of procurement irregulari-

ties or risk assessments while the company policy lays down the involvement of SAPS
once a crime such as fraud has been committed. Other corporate investigators may be
responsible for all types of crimes and irregularities within the corporate domain and
only hand over the investigation to SAPS once the investigation has been completed.
Every investigator has the responsibility to be very familiar with the mandate, legisla-
tion or policy framework that guides their actions.

In this unit we covered who the investigator is, the different categories of investiga-
tors and why a mandate to investigate is so important. In unit 2, we will discuss the
investigative process.

SELF-ASSESSMENT QUESTIONS

Time for self-assessment: 60 minutes

To test and evaluate your knowledge of this unit, complete the following activities:

Make sure you have mastered the key concepts that were listed at the start of the unit
by making brief notes so that the meaning of each term is clear.

Answer the following self-assessment questions:

• Who is an investigator?
• What are the different kinds of investigators and their functions?
• What is the importance of an investigative mandate?

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CONTENTS
 Page
Study unit 2: The investigative process 15
2.1 Introduction 16
2.2 Investigation 15
2.3 Purpose of investigation 17
2.3.1 Criminal investigations 17
2.3.2 Civil investigations 17
2.4 Criminal vs forensic investigation 18
2.4.1 Criminal investigation 18
2.4.1.1 Preliminary investigation 19
2.4.1.2 Follow-up investigation 19
2.4.1.3 Judicial process 20
2.4.1.4 Criminal Forensic investigation 20
2.5 Investigative process 20
2.6 Summary 21

14
3 STUDY UNIT 2

2 The investigative process

2.1 INTRODUCTION
In this unit you will learn about the investigative process. The notion of “process” is
fundamentally important in everything that an investigator does and should be consid-
ered in every decision that is made and every action that is taken. “Process” suggests
that an investigator follows a step-by-step methodology which can be reflected on later
and, if the process is repeated or replicated by another investigator, the same conclusion
would be reached. During your studies you will also find how different authors in the
fields of criminal and forensic investigation refer interchangeably to the terms “crime
scene”, “scene of crime” and “scene of incident”. When a crime is committed, the loca-
tion where the crime took place is referred to as the crime scene. However, in forensic
investigation, an investigation may relate not only to criminal cases, but may also include
civil cases, corporate investigations and disciplinary cases (Van der Watt 2014). In these
cases it is more appropriate to refer to a “scene of incident” when referring to the place
where the investigation is focused. Notwithstanding the different terms being used or
where an investigation is taking place, it is important to remember the principles of
investigation which are at the centre of the search for the truth.

OUTCOMES
After completing this unit, you should be able to

• Explain the meaning of investigation

• Explain the purpose of investigation
• Explain the concepts “criminal investigation” and “forensic investigation”
• List and explain the steps and processes involved in an investigation

FOR1501/115


Unit 1 Unit 6
the investigation Statements practical
considerations

Unit 2 Unit 7
the investigative process Constitutional and
administrative prescripts
Unit 3
basic concepts in the Unit 8
investigative process Crime scene management
Unit 4
Information Unit 9
Testimony by the
Unit 5 investigator
Statements theory

FIGURE 2.1
How are we progressing?

TIME REQUIRED FOR UNIT 2

This unit will require approximately 14 hours.

KEY TERMS AND CONCEPTS

You will need to master the following key concepts in order to achieve the learning
outcomes for this unit:

• Criminal investigation
• Forensic investigation
• Civil investigation
• Investigative process

2.2 INVESTIGATION
Consider the following three definitions of “investigation” and complete the self-
assessment activity:

“Investigation refers to a ‘systematic fact finding and reporting process with a multi-
disciplinary characteristic covering, amongst others, the law, sciences and communica-
tions’” (Gunter & Hertig 2005:1).

Investigation is a process that develops and tests hypotheses to answer questions about
events that occurred. The questions that an investigation attempts to answer could
include “What caused the incident to occur?”, “When did the incident occur?” and
“Where did the incident occur?” (Carrier & Spafford 2004:2).

Investigation is defined by Van Rooyen (2001:50) as “a systematic search for the truth.
It means to observe intensely, to question systematically and to gather information that
will reveal the truth”.

16
 Study unit 2: The investigative process

SELF-ASSESSMENT ACTIVITY 2.1

Time for activity: 30 minutes

Consider the discussions in 2.1 and 2.2 and formulate your own definition of
investigation by highlighting the main principles. You can use your own work
environment as an example, i.e. the investigation of a crime, disciplinary case,
civil matter or corporate irregularity.

Feedback and suggested solutions to self-assessment activity 2.1 will be provided

on the online discussion forum and in follow-up tutorial letters.

2.3 PURPOSE OF INVESTIGATION

Swanson, Chamelin and Territo (1977:2) describe the purpose of investigation as “... to
establish that, in fact, a crime was committed; to identify and apprehend the suspect;
to recover stolen property; to assist the state in prosecuting the party charged with the
offense”. The definition by Swanson et al – and, in fact, by many other authors on the
subject – refers to criminal investigations. However, the process of investigation is the
same in all types of investigations, be they criminal, civil or disciplinary in nature. We
will elaborate firstly on criminal investigations, followed by civil investigations.

2.3.1 Criminal investigations

The wider purpose of any investigation is to find out what happened, who is responsible
and what steps are to be taken to restore the situation. In criminal matters the public
interest is infringed (Joubert 2001:34). This means that the community’s rights, as far
as safety and security are concerned, have been infringed. These rights are contained
in the Constitution and in the various laws that govern our daily lives. For example, it
is illegal to commit theft. If a person steals something, this harms not only the person
whose property has been stolen, but also the community in general, because the com-
munity is the state and the state makes the laws to ensure harmony and good order.
It is for this reason that, in criminal cases, you will always find that the charge sheet
reads: “The state versus (against) ...”. The state is, in fact, the complainant because its
laws have been broken. The victim – or the complainant, as the victim is called in
criminal cases – is merely a witness to prove that the law has been broken. So, when
you are investigating theft, which is a criminal offence, the purpose is to find out the
truth about what happened, who was responsible and to recover the stolen property.
The reason is, firstly, to deny the perpetrator the illegal possession of the goods that
were stolen. Secondly, it is to return the goods to the lawful owner and, lastly, it is to
use the recovered stolen property as physical evidence in a court of law so that the ac-
cused may be found guilty and punished. We will discuss the process that this entails
in more detail later on. If you now compare the definitions that we discussed above,
you will see that the purpose of criminal investigation fulfils the requirements of the
suggested definition given above.

2.3.2 Civil investigations

As far as a civil investigation is concerned, we need to consider the purpose of private
law, which is that the aggrieved person must be put in the same position that they
would have been in had their rights not been infringed (Joubert 2001:36). This is done
by obtaining a court order forcing the other party either to perform in terms of the

FOR1501/117


provisions of a contract or to pay the aggrieved person compensation (damages). In

disciplinary proceedings, the purpose is to sanction the accused person either to be
warned, to pay a fine, to be demoted or to be dismissed. In this regard, there is no
question of recovery of stolen property because the accused employee has contravened
a disciplinary regulation. The purpose of the investigative process in this case, then,
differs from the criminal one because here we are finding out what the truth is and
who was responsible. An additional purpose is to prevent the incident or a similar one
from happening again. Always remember that as an investigator, you must be objective
in your approach and not prejudge a person or assume that the person is guilty. That is
the function of the courts or whoever presides over a disciplinary matter or corporate
irregularity. You must just collect evidence in a legal and transparent way that falls within
your specific mandate, and with due regard to the law and Constitution.

SELF-ASSESSMENT ACTIVITY 2.2

Time for activity: 60 minutes

Reflect on the differences between the purpose of a criminal investigation and

the purpose of civil investigation.

Feedback and suggested solutions to self-assessment activity 2.2 will be provided

on the online discussion forum and in follow-up tutorial letters.

Next we will be examining the concepts of criminal and forensic investigations.

2.4 CRIMINAL VS FORENSIC INVESTIGATION

In the following section, we will briefly explore the concepts of criminal and forensic
investigation, followed by a basic overview of the processes involved in each. Remember
that the main difference between the concepts relates to the context within which the
investigation takes place.

2.4.1 Criminal investigation

Marais (1992:1) states that a criminal investigation involves the lawful tracing of people
and instruments which may, directly or indirectly, contribute to the reconstruction of
a crime situation and supply information about the people involved in it. In reality,
crime investigation is a process of identifying people and physical objects from the time
the crime is committed until the guilt of the perpetrator is either proven or disproven
in court. Stelfox (2009:1) gives a more elaborate explanation and states that criminal
investigation involves locating, gathering and using information to bring offenders to
justice, or to achieve the objectives set for it by the police service.

18
 STUDY UNIT 2: The investigative process

Figure 2.2 depicts the three broad steps in the criminal investigation process:

FIGURE 2.2
Three broad steps in criminal investigation process

We will explore each of these three broad steps in the criminal investigation, starting
with the preliminary investigation

2.4.1.1 Preliminary investigation

The crime scene is the area or place where there will be direct or indirect proof that a
crime has been committed, and should be viewed as the focal area during the preliminary
investigation phase. Proof of the fact that a crime was committed can be provided by
collecting evidential material or evidence that is then used in court (Joubert 2001:331).
This may include physical evidence, such as blood, hair, semen, saliva or weapons. The
injuries or wounds to the body of the victim also form part of the crime scene. Physical
evidence found at the crime scene can be scientifically analysed and can provide the
court with entirely objective information.

2.4.1.2 Follow-up investigation

Van Rooyen (2004:18) highlights that this phase involves the investigator or detective
conducting follow-up interviews and finding corroborating information about the al-
leged crime committed. During the follow-up investigation the investigator will look
for and collect any physical evidence that is still available. The information and evidence
gathered at this point provide the investigator with an initial sense of the crime situa-
tion that has taken place, as well as an understanding of the criminal’s modus operandi
(Mohamed & Pauleen 2005:8).

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2.4.1.3 Judicial process

The primary reason for the investigator’s involvement in the judicial process has to do
with presenting the information gathered, and making sure that everything and eve-
ryone that needs to be present is present at court (Du Preez 1996:7). The relationship
between the investigator and prosecutor, with their mutual goal of presenting the true
facts in court, is very important. Cooperative investigators will ensure that all witness
statements have been taken down, exhibits are presented in court, indications of bail
circumstances are available and witnesses are present to give testimony (Van Rooyen
2004:18; Marais 1992:202; Du Preez 1996:7). Having explored the criminal investigative
process, we next briefly turn to forensic investigation.

2.4.1.4 Criminal forensic investigation

Rarely do we find a definition purely dedicated to the term “forensic investigation”, and
those definitions available are often kept exclusive to a particular field of study. Van
Rooyen (2004:7) highlights that there is confusion within the investigation fraternity
about the true meaning of forensic investigation, and states that it is more often than
not associated with the investigation of computer-related crimes, as well as crimes such
as fraud and corruption. Do remember, however, that forensic investigation may relate
not only to criminal cases, but may also include civil cases, corporate investigations
and disciplinary cases.

According to Goss (2015), forensic investigation involves the investigation of a commer-

cial offence with the aim of (a) gathering evidence that can be presented during litigation
processes such as disciplinary hearings, civil proceedings and criminal prosecutions
and (b) identifying information relating to internal control weaknesses (in business
processes and systems) that have contributed to, or that can expose an organisation to
the commission of a commercial offence. This information enables the organisation to
develop internal control measures to prevent commercial offences.

We discussed both the criminal and the forensic investigative process. Next we explore
the investigative process in more detail.

2.5 INVESTIGATIVE PROCESS

The following broad steps make up the investigative process:

• Obtain a clear mandate to investigate a particular matter. You, as an investigator,

must adhere to this mandate and not go beyond its scope (remember, we discussed
mandate in unit 1).
• Gather evidence and evaluate it. You must gather all relevant information and evidence
and evaluate the gathered data.
• Complete an investigation file and submit an investigation report.
• Submit your findings to the person who mandated the investigation.
• Upon instruction and if applicable, open a case docket and submit the gathered
evidence to the police.
• Assist in any criminal and/or civil investigation or proceedings (such as a court trial)
arising from your investigation.
• Testify if required to do so.

20
 From the above discussion the systematic nature of investigation becomes clear. Inves-
tigation is never a haphazard or compulsive response to finding the truth. Rather, it is
an organised and well-considered effort in building the larger crime or incident puzzle
in an effort to reconstruct what happened.

SELF-ASSESSMENT ACTIVITY 2.3

Time for activity: 60 minutes

Briefly define the concepts “criminal investigation” and “forensic investigation”

and, by using your own example, highlight the investigative steps that you will
follow in a specific investigation.

Feedback and suggested solutions to self-assessment activity 2.3 will be provided on

the online discussion forum and in follow-up tutorial letters.

2.6 SUMMARY
In its broadest sense, investigation boils down to the systematic search for the truth.
It is vital that you understand the importance of doing your work in an organised and
well-planned way. Always keep the end in mind. This may include a criminal, civil or
disciplinary hearing and it is at this platform where your work as an investigator will
be scrutinised. The investigative principles that underpin criminal and forensic inves-
tigation are very similar and it is ultimately the context within which the investigation
takes place that may differ.

In this unit we studied the meaning of investigation and its purpose. Furthermore,
we explored the concepts “criminal investigation” and “forensic investigation” and
discussed the generic steps and processes involved in investigation. In unit 3 we will
explain some basic concepts in the investigative process.

SELF-ASSESSMENT QUESTIONS
Time for self-assessment: 60 minutes

To test and evaluate your knowledge of this unit, complete the following activities:

Make sure you have mastered the key concepts that were listed at the start of the unit
by making brief notes so that the meaning of each term is clear.

Answer the following self-assessment questions:

• What is the difference between criminal and forensic investigation?

• What is the purpose of investigation?
• What are the steps to follow in the investigative process?

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CONTENTS
 Page
Study unit 3: Basic concepts in the investigative process 23
3.1 Introduction 23
3.2 Identification 24
3.2.1 Definition 24
3.2.2 Discussion 25
3.3 Individualisation 26
3.3.1 Definition 26
3.3.2 Discussion 26
3.4 Locard exchange principle 27
3.4.1 Definition 27
3.4.2 Discussion 27
3.5 Continuity of possession 28
3.5.1 Definition 28
3.5.2 Discussion 28
3.6 Guidelines for maintaining the chain of possession 29
3.7 Summary 30

22
4 STUDY UNIT 3

3 Basic concepts in the investigative process

3.1 INTRODUCTION
In this unit we discuss four basic concepts which form the basis of any investigation.
Every investigator should have an operational understanding of these basic concepts and
know how to apply them in an investigation. If understood and applied correctly, these
concepts will ensure that the approach to an investigation is systematic and organised.
These concepts are the following:

• identification
• individualisation
• Locard exchange principle
• continuity of possession

OUTCOMES

After completing this unit, you should be able to

• Explain the meaning of “identification” by identifying the concept in a practical

case study
• Explain the meaning of “individualisation” by identifying the concept in a practical
case study
• Explain the meaning of the “locard exchange principle” by identifying the concept
in a practical case study
• Explain the meaning of “continuity of possession” by identifying the concept in a
practical case study

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Unit 1 Unit 6
the investigation Statements practical
considerations

Unit 2 Unit 7
the investigative process Constitutional and
administrative prescripts
Unit 3
basic concepts in the Unit 8
investigative process Crime scene management
Unit 4
Information
Unit 9
Testimony by the
Unit 5 investigator
Statements theory

FIGURE 3.1
How are we progressing?

TIME REQUIRED FOR UNIT 3

This unit will require approximately 13 hours.

KEY TERMS AND CONCEPTS

You will need to master the following key concepts in order to achieve the learning
outcomes for this unit:

• Identification
• Individualisation
• Locard’s exchange principle
• Continuity of possession

3.2 IDENTIFICATION

3.2.1 Definition
The following definition will serve as the operational definition of “identification”
throughout this module:

“Identification is based on the theory that everything in the universe is unique because
it has certain distinguishing characteristics. This concept is used by science to place
objects in specific groups or classes” (Technikon SA 2001:4).

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 Study unit 3: Basic concepts in the investigative process

3.2.2 Discussion
Identification is nothing more than recognition. It is recognising something for what
it is. If you see a fluid, you can recognise it as blood because it looks like blood. It may
be water if you see that it is colourless and tastes like water. If you are not sure what it
is, you can use your senses to identify it. You can look at it, smell it, taste it or feel it.
If it is a sound, you can listen to it. In the case of a fingerprint, you can see that it is a
fingerprint, but the question is: Whose fingerprint is it? That involves something else,
referred to as individualisation, and we will discuss it below.

In criminal investigations the term “identification” is used when we ask a witness if they
saw the perpetrator. If the answer is “yes”, we ask whether the witness could possibly
be identified if seen again.

Case study 3.1: “The lunchtime theft”

Time for case study: 30 minutes

An incident is reported to Mr Reg Abrahams, the HR office manager at M & B Insur-

ance. One of his administrative staff, Ms Pinki Moloi, alleges that she went out for
lunch, and on her return to her desk, she found that her company-issued Dell laptop
as well as her private cellphone were missing. Mr Abrahams reports the matter to the
Risk Management Office, after which a corporate investigator, Ms Cynthia Khumalo,
is tasked with the investigation into the matter. Cynthia immediately opens a case file
and obtains a statement from Ms Moloi which captures exactly what happened and
records the relevant serial numbers and descriptions of the cellphone and laptop that
went missing. Cynthia continues with her investigation and decides to look at the closed
circuit television (CCTV) footage captured by the camera that overlooks the entrance
to the specific office where the laptop went missing. She narrows down the viewing of
the CCTV footage to the lunchtime period of 13:00 to 14:00. During the viewing Cyn-
thia notices Mr John Platt, an office administrator, entering the office with a rucksack
and walking out again after 10 minutes. Furthermore, Cynthia notices that the bag is
not entirely closed and an object, which appears to be a standard company-issued Dell
laptop, is positioned inside the rucksack.

FEEDBACK

At this stage, the investigator has done good investigative work and managed to identify
a possible suspect, as well as a laptop which appears to have been taken from an office
under suspicious circumstances. However, remember that the suspect, Mr Platt, is an
office administrator and has right of access to the specific office. Furthermore, everybody
in the office has been issued with a standard grey Dell laptop, and if confronted with
only the CCTV footage, Mr Platt could argue that it was his company-issued laptop
that he was carrying. The investigator therefore has no idea what will be found once
the suspect is confronted. There may even be an innocent explanation for the disap-
pearance of the laptop, although it is highly unlikely.

At this stage, only identification has taken place, which has nothing to do with positively
linking the person or perpetrator with the crime, incident or wrongdoing – there are other
issues that assist in that regard. Make sure that you can distinguish between identifica-
tion and individualisation, because they create a lot of confusion among investigators.

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3.3 INDIVIDUALISATION

3.3.1 Definition
Before you look at the operational definition of individualisation, let’s consider the
following definitions:

“Individualisation is only possible if it is preceded by a series of identifications. Indi-

vidualisation is based on, and takes place through comparison. It refers to the dem-
onstration that a particular sample is unique even among members of the same class”
(Marais 1992:19).

“When there is a positive match between a fingerprint and that of a specific person, it
becomes vitally important for the crime investigator. This process is called individu-
alisation. However individualisation is only possible after identification” (Technikon
SA 2001:4).

The following will serve as the operational definition of individualisation:

Individualisation is the positive linking of a person, suspect or perpetrator with a spe-

cific incident, crime, irregularity, transgression or other wrongdoing through a process
of identifications.

3.3.2 Discussion
Many investigators confuse the concept of individualisation with recognition or identi-
fication. They see these two concepts as being synonymous, whereas they are actually
totally different. The essence of individualisation lies in the fact that you must be able
to link an object or a person positively with the scene of an incident, crime or other
wrongdoing and thereby prove the person or object’s involvement.

Case study 3.2: “The follow-up investigation”

Time for case study: 60 minutes

The corporate investigator, Ms Khumalo, realises that her time to follow up the infor-
mation is limited as the suspect, Mr Platt, may leave the office at the close of business
and remove the “missing” items from the business premises. She decides to call in the
assistance of two security guards and waits in the parking area where Mr Platt’s offi-
cial company vehicle is parked. M & B Insurance has a very clear security policy in terms
of the search of employees and vehicles on the premises. Furthermore, every employee
has signed a waiver as part of their employment contract which qualifies search and
seizure interventions in specific circumstances. Cynthia and her colleagues then see
Mr Platt exiting the office block and walking in the direction of his company-issued
vehicle. The suspect is stopped by Cynthia and informed of the details of the case she
is investigating. Cynthia reminds the suspect of the company security policy and he is
then searched by a male security guard. Both the cellphone and the company-issued
Dell laptop are found in Mr Platt’s possession, with both serial numbers corresponding
to those provided by Ms Moloi in her statement.

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 Study unit 3: Basic concepts in the investigative process

FEEDBACK

Through good investigative work the corporate investigator, Ms Cynthia Khumalo, has
positively linked Mr John Platt with the theft of Ms Pinki Moloi’s cellphone and laptop.

One important physical attribute which investigators often lose track of is handwriting.
Handwriting is such an important vehicle in the individualisation process and yet we
often overlook it. It is as much a part of a person’s identity as their facial features. It will
change over the years, but there will always be someone who will be able to identify
whose handwriting it is. The process of linking particular handwriting on a disputed
document with a particular person is preceded by comparing the handwriting from one
or more known sources until a positive link is made.

Individualisation can also be illustrated by the following example: You are a police
detective and the only clue that you have found at a crime scene is something that you
identify as being a fingerprint. You don’t know whose it is, but you suspect that it may
belong to the perpetrator. Through good detective work you have managed to arrest
a number of suspects, but you cannot prove whose fingerprint was found at the scene.
In terms of the provisions of section 37(1)(i) of the CPA, you are entitled to take the
suspects’ fingerprints. You do so and thus have a number of sets of fingerprints, each
marked with the person’s name. You take these sets to the fingerprint expert who ex-
amines them and then compares each fingerprint with the one that was found at the
scene. A positive match is found and the process of individualisation has been completed.
The expert has therefore been able to positively link the fingerprint found at the scene
with a particular individual.

SELF-ASSESSMENT ACTIVITY 3.1

Time for activity: 30 minutes

Consider the above definitions and discussions related to identification and

individualisation. According to your understanding, what are the differences
between the two concepts? Discuss fully.

Feedback and suggested solutions to self-assessment activity 3.1 will be provided on

the online discussion forum and in follow-up tutorial letters.

3.4 LOCARD EXCHANGE PRINCIPLE

3.4.1 Definition
Any action of an individual, and obviously, the violent action constituting a crime, can-
not occur without leaving a mark. Usually a variety of marks are left behind which may
include prints, simple traces and stains. It is impossible for the criminal to act without
leaving indications of their step (Chisum & Turvey 2011:35).

3.4.2 Discussion
The above definition of Locard’s exchange principle is a translation from the original
French source La Police et les methodes scientifiques by Locard (1934:78). Other defini-
tions of the Locard exchange principle include “when two objects come into contact,

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there would be a cross-transfer of traces of materials” (Ogle 2012:2) and “the basis
for linking physical evidence from or to the victim, suspect, and crime scene” (Miller
2009:171). The value for investigation is that it means that there will always be physical
evidence at a scene. The Locard exchange principle highlights that there will always be
some form of evidence or proof left behind that suggests the involvement of a specific
individual in a specific incident. It is thus the responsibility of the investigator to find
it, identify it, protect it, recover it, study it and interpret what it says or means. It is of
the utmost importance that the different types of evidence left behind at a scene of
incident be safeguarded against any form of contamination. Consult the list of aides
and experts at the back of the study guide that can be used.

SELF-ASSESSMENT ACTIVITY 3.2

Time for activity: 30 minutes

The Locard exchange principle became renowned in an era where social media
and the internet were non-existent. Do you think this principle can be applied
in the area of social networking and the internet? Discuss.

Feedback and suggested solutions to self-assessment activity 3.2 will be provided on

the online discussion forum and in follow-up tutorial letters.

SELF-ASSESSMENT ACTIVITY 3.3

Time for activity: 30 minutes

Go to the online discussion forum 3.3 and discuss what evidence may be left
behind by individuals engaging in criminal activities or other transgressions
on the internet or social media space.

Feedback and suggested solutions to self-assessment activity 3.3 will be provided on

the online discussion forum and in follow-up tutorial letters.

3.5 CONTINUITY OF POSSESSION

3.5.1 Definition
Continuity of possession is “the identification and continued safe possession of physi-
cal evidence from the moment it has been found to when it is accepted as evidence in
court” (Technikon SA 2001:4).

3.5.2 Discussion
Remember that we are currently working through the basic concepts in investigation.
Even though the above definition refers to the presentation and acceptance of evidence
in a court, there are other platforms where evidence can also be presented, which may
include a formal enquiry or disciplinary hearing. Physical evidence proves that the
perpetrator was at the scene of incident or had some interaction with the events being
investigated. Not only does physical evidence that was found in a suspect’s possession
prove that they had it, but it also links the suspect positively, in one way or another,

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 Study unit 3: Basic concepts in the investigative process

with the scene of incident. A suspect may have an explanation for how a stolen item
got to be in their possession and it is the responsibility of the investigator to follow this
up. Once the value of the evidence has been recognised, it must be safeguarded in its
original form until it is presented as evidence in court or at the relevant platform. The
process does not end there because the court or presiding officer must then accept it as
proof. (Note that there is a difference between the words “proof” and “evidence”. The
word “proof” refers to the fact that if sufficient “evidence” has been produced in court
and the court accepts the evidence, it can be said to have become “proof”.)

Continuity of possession is also referred to as the chain of evidence. If you take a

chain, you will see that it consists of various links that are bound together to form a
long, continuous steel cable. This chain is only as strong as the weakest link. If one of
the links in the chain breaks, the chain comes apart and is useless. Evidence works in
exactly the same way. If, for example, you have found a valuable piece of evidence at a
scene of incident – for example a firearm – and you then hand it to a ballistics expert
for testing without noting that person’s name, you will not be able to remember who
the person was that received it. You will also not be able to trace the path the firearm
followed from one expert to another if it was handed to another expert for fingerprint
analysis. Physical evidence, when identified and recovered at a scene, forms a chain. It
will tie up the case, as long as it remains intact and reaches the court in the same condi-
tion as when it was found. For that reason, it must either remain in the possession of
the person who found it at the scene or, if it changed hands, a record must be kept of
who had it and what happened to it. If physical evidence has changed in any way from
the moment it was found until it is presented in court, without a good explanation, the
court will reject it as evidence. If it cannot be taken to court, you must have photographs
taken of it and present the photographs as evidence. Make sure that the photographs
show the points of identification or recognition, and that you attach an affidavit from
the photographer to say that they took the photograph.

3.6 GUIDELINES FOR MAINTAINING THE CHAIN OF

POSSESSION
Once again, remember that investigation is a “systematic fact finding and reporting
process”. Marais (1992:15) lays down the following guidelines for maintaining this chain:

• “Limit the number of individuals who handle the evidence from the time it is found
to the time it is presented in court.
• If the evidence leaves your possession, record in your notes to whom it was given;
the time and date; the reason for being given to another; and when and by whom
it was returned.
• Make sure that the persons handling the evidence affix their names, force numbers
and assignment to the package.
• Obtain a signed receipt from the person accepting the evidence.
• When the evidence is returned, check for your identification mark and ensure that it
is the same item. Determine if it is in the same condition as when it was recovered.
• Any change should be brought to the attention of the court.”

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SELF-ASSESSMENT ACTIVITY 3.4

Time for activity: 60 minutes

Consider the basic concepts in investigation that we discussed in this unit. Use
your own experience or work environment as a context and compile a fictitious
scenario where all the basic concepts are illustrated, i.e. identification, individu-
alisation, Locard exchange principle and continuity of possession. Finally, make
sure that you include the guidelines for maintaining the chain of possession in
the fictitious scenario.

Feedback and suggested solutions to self-assessment activity 3.4 will be provided on

the online discussion forum and in follow-up tutorial letters.

3.7 SUMMARY
It is important for you to understand how the basic concepts of investigation discussed
in this unit should be considered in every investigation. You will see that the importance
of identifying physical evidence and its safe custody are linked with the Locard exchange
principle, because evidence transferred by the perpetrator will, firstly, be identified and,
secondly, used to individualise (link) the perpetrator with the scene of incident. You
must look for fingerprints, hair, bodily fluids or any other solid or liquid material that
could link the perpetrator with the victim, the scene or any weapon that may have been
used in the commission of the crime.

In this unit we explored the meanings of “identification”, “individualisation”

the “Locard exchange principle” and “continuity of possession” as basic con-
cepts in the investigative process. In unit 4 we will look at “information” and its
importance in the continum of forensic investigation activities.

SELF-ASSESSMENT QUESTIONS

Time for self-assessment: 60 minutes

To test and evaluate your knowledge of this unit, complete the following activities:

Make sure you have mastered the key concepts that were listed at the start of the unit
by making brief notes so that the meaning of each term is clear.

Answer the following self-assessment questions:

• What does “identification” mean?

• What is the meaning of “individualisation”?
• What is the meaning of “Locard exchange principle”?
• What is the meaning of “continuity of possession”?

30
CONTENTS
 Page
Study unit 4: Information 32
4.1 Introduction 32
4.2 Definition 33
4.3 Information and investigation 33
4.4 People as sources of information 34
4.4.1 Victims 35
4.4.2 Complainants 35
4.4.3 Witnesses 35
4.4.4 Suspects/accomplices 36
4.4.5 Accused 36
4.5 Taking notes 36
4.6 Methods of taking notes 37
4.6.1 Audio/sound recording 37
4.6.2 Visual recording 38
4.6.3 Written notes 38
4.7 Techniques in obtaining information 39
4.7.1 Interviewing 39
4.7.2 Interrogation 40
4.7.3 Extraction 40
4.8 Accuracy and thoroughness of information 41
4.8.1 Five-question rule (FQR) 41
4.8.2 Discussion 42
4.9 Standard of proof and burden of proof 42
4.9.1 Standard of proof 42
4.10 Summary 43

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5 STUDY UNIT 4

4 Information

4.1 INTRODUCTION
Information is fundamental to any investigation. Without information, it will be impos-
sible to realise that a problem exists and an investigation will not have any foundation
from which to start. The next step in your learning process is to learn about the various
sources of information and how to obtain information. We will also discuss the various
methods of obtaining information and preserving it for further use. Any successful in-
vestigation depends on the quality of the information that is gathered by the investigator.
If the information is poor or unreliable, there is little chance of a successful outcome.

OUTCOMES
After completing this unit, you should be able to

• Explain the meaning of “information” and discuss its importance in the investigation
process
• Explain why people are regarded as sources of information
• Discuss the importance and methods of taking notes
• Explain the practical tools for systematic information gathering and recording, i.e.
The “five whiskeys and one hotel” (5wh) principle, the ted principle and the five-
question rule (fqr)
• Differentiate between the terms “interviewing”, “interrogation” and “extraction”
• Explain the meaning of the terms “standard of proof” and “burden of proof”

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 Study unit 4: Information

4.2 DEFINITION

Unit 1 Unit 6
the investigation Statements practical
considerations

Unit 2 Unit 7
the investigative process Constitutional and
administrative prescripts
Unit 3
basic concepts in the
Unit 8
investigative process
Crime scene management
Unit 4
Information
Unit 9
Testimony by the
Unit 5 investigator
Statements theory

FIGURE 4.1
How are we progressing?

TIME REQUIRED FOR UNIT 4

This unit will require approximately 13 hours.

KEY TERMS AND CONCEPTS

You will need to master the following key concepts in order to achieve the learning
outcomes for this unit:

• Information
• Note taking
• Interviewing
• Interrogation
• Extraction

The following will serve as the operational definition of information:

Information is any knowledge which results from experience, instruction or study and
includes knowledge of specific events or situations that has been gathered or received
by communication.

4.3 INFORMATION AND INVESTIGATION

Once the information has been obtained, it must be recorded and stored in a retrievable
form. The two most common ways of recording and storing information are

• In writing, after which it is filed in a case file, case docket or other filing system
• Typed in electronic format, after which it is saved and filed electronically

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It is vital for every investigator to be proficient in recording information. Statement tak-

ing and report writing are skills that every investigator should master. Every investigator
should know how to take a proper statement and, when taking a sworn statement, how
to administer the oath or the affirmation.

During the course of your career, you will often hear the words “intelligence” and
“information” being used. Although it is not the purpose of this study guide to discuss
these terms in detail, it is necessary for you to know the basic difference between them.
Information is anything that you learn through your sense of sight, smell, touch and
hearing; intelligence is information that has been verified. When these terms are used
in this context, it means that information is something that has come to your atten-
tion but that has not yet been proved. Intelligence means that there is proof of what
has come to your attention. Information comes in so many different forms that it is
almost impossible to list them all. It is enough to say that everything we hear, see or
read is information in some form. The news bulletin we hear over the radio or watch on
television, read in the newspaper or even the news we hear from others is information
in different forms. Some of it is funny, some is serious; some parts make us emotional
and others prompt us to make decisions or act in a particular way. The investigative
process is no different. Some people may argue that it is not necessary to obtain in-
formation before recording a statement. They believe that the deponent (the person
whose version of events is recorded) is the person who knows what must be said and
that the role of the investigator is merely to record it in an acceptable form. No proper
statement can be taken unless all the relevant information has been obtained from the
deponent. The investigator is the person responsible for putting the facts in a logical,
coherent and legally acceptable format, without changing or adding to them. Thus the
deponent must be interviewed, firstly to establish the facts and, secondly, to determine
what has to be done about the matter.

SELF-ASSESSMENT ACTIVITY 4.1

Time for activity: 30 minutes

Answer the following questions:

• What is the definition of information?
• What are the two most common ways of recording and storing information?
• How would you describe the difference between “information” and “intelligence”
to a new investigator that you have to mentor?

Feedback and suggested solutions to self-assessment activity 4.1 will be provided on

the online discussion forum and in follow-up tutorial letters.

4.4 PEOPLE AS SOURCES OF INFORMATION

Van der Westhuizen (1996:5) highlights the following direct sources of information:

• Victims and complainants

• Witnesses directly involved in the events
• Persons involved in the events but not present when they occurred, or persons who
are simply sources of information (e.g. Informers)
• Accomplices or suspects

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 Study unit 4: Information

Obtaining information from a person is a process that depends on the circumstances

surrounding the investigation. Depending on whether you are dealing with victims,
witnesses, complainants or suspects, your approach will differ, as will your attitude.
Let’s now consider each category of persons briefly.

4.4.1 Victims
These are people who have suffered some kind of loss or experienced trauma and have
approached the authorities for assistance. Unfortunately, some so-called victims have an
ulterior motive and merely pretend to have suffered loss to cover up their own criminal
activity. An example is a person who falsely claims that his home has been broken into,
just to be able to claim from the insurance company. When these persons are found
out, they may be charged with any number of offences, ranging from fraud to making
a false declaration under oath or defeating the ends of justice.

4.4.2 Complainants
It may sound as if there is a contradiction when we refer to victims and complainants;
however, there is a difference between them. Not all complainants are victims. Consider
a situation where a person employed in a supermarket receives a fraudulent cheque. The
person receiving the cheque is not the victim because they did not suffer the loss person-
ally. The supermarket that employs that person suffers the loss. Because the supermarket
is a company and not a natural person, an authorised employee must complain on its
behalf. This person is usually the financial clerk or manager, who is the complainant
because they complain on behalf of the supermarket. Especially in civil matters, that
person will often state that they are “duly authorised” to act on behalf of the plaintiff.

4.4.3 Witnesses
Direct witnesses are people who have seen the events. They saw or heard what happened
and can give direct evidence in court by telling the court their version of what happened.
They are also referred to as primary witnesses. Indirect witnesses are people who were
not directly involved in the matter. They are also referred to as secondary witnesses be-
cause they did not see or hear what happened but can still give very important evidence.
An example is a person who is in the employ of a bank and who can give evidence that
when an accused issued a cheque, there was no money in that person’s account. Another
example is a person who is a forensic scientist and gives a statement on the content of
alcohol in a blood sample in a case of drunken driving. Although they did not actually
see the crime being committed, their testimony is vital to the success of the prosecu-
tion. These persons are officials in banks, government departments, local authorities
and various other organisations responsible for maintaining official books and records.
When entries in those books and records are required to be used as evidence in a trial,
that authorised person issues a certificate which sets out and certifies the copies made
from the original entries as true extracts from the contents of the original records they
control (see section 212 and sections 233 to 236A of the CPA). A word of caution: in
certain instances a witness may turn out to be an accomplice or even an accused, so
you should always be vigilant.

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4.4.4 Suspects/accomplices
Persons who are involved in crime as possible perpetrators are referred to as suspects.
People who have assisted them in any way are referred to as accomplices. Joubert
(2010:94) refers to an accomplice as someone who has committed an act that amounts
to “furthering” or “assisting” the commission of an offence. Although they may or
may not have been arrested, suspects have not yet been formally charged and have not
appeared before court. These are individuals whose involvement in the commission of
the crime has not yet been established beyond all doubt and, as such, they have certain
rights in terms of the Constitution and the judges’ rules. Great care should be exercised
when dealing with this category of persons because an infringement of their rights
may lead to all kinds of problems, which may include an acquittal or civil claims being
instituted. We will discuss the provisions of the judges’ rules and the Bill of Rights
later. Suspects and accomplices are also witnesses. Their version cannot be rejected just
because you feel that they are guilty and are therefore telling lies. Your responsibility is
to follow up on any explanation that they may offer. In some instances a co-accused or
accomplice may want to cooperate and give evidence against the perpetrator. A court
of law will always treat the evidence of an accomplice with caution. You will therefore
have to obtain evidence to support or confirm their information. Discuss this with the
prosecutor and don’t become involved in their negotiations as you may be accused of
trying to influence the decision to cooperate.

4.4.5 Accused
Once a suspect has been charged, that person is referred to as an accused. The next
step in the process is to get the accused to appear in court. This is done either by ar-
resting and detaining the accused until the next appearance in court, by releasing them
on bail, or by serving a written warrant or summons on them (see section 38 of the
CPA). As with suspects, accused persons have certain constitutional rights, the most
important of which is being entitled to a speedy trial and, of course, being regarded as
innocent until proven guilty. You should take note of the provisions of section 35 of
the Constitution in this regard.

4.5 TAKING NOTES

No person is able to remember everything that is said during an informal conversation
or interview. This applies especially when an investigator is called on later, during a
trial or hearing, to testify about what a witness, suspect or accused said or did not say;
hence the need for taking notes. These notes are referred to as contemporaneous notes
and can be used during the trial either to refresh the investigator’s memory or to rebut a
particular defence. Circumstances may not always allow for an investigator, witness, or
any person for that matter, to make detailed notes regarding something deemed to be
important. In many instances, cryptic notes are made on pieces of paper, on the backs
of cigarette boxes or other surfaces. Remember that these are vital pieces of evidence
and you should seize them because, during stringent cross-examination, it is bound to
emerge that the witness relied on some form of note. If the surface on which the note
was made cannot be seized, for instance a wall, a floor or surface like sand (too large/
impractical/fragile), it should be photographed (see section 232 of the CPA). Certain
conditions are applicable when using notes during a trial or disciplinary hearing. Joubert
(2010:348) highlights the following important requirements when witnesses want to
refresh their memories by using notes or documents:

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 Study unit 4: Information

• The note or document must be authentic.

The note or document is authentic if the witnesses wrote it themselves, or it was written
on their instruction, or the witnesses read the notes at the time when the events were
still fresh in their minds.

• The notes must be contemporaneous.

The witnesses must have made the notes during or immediately after the events.

• The notes must be disclosed.

Once a witness has refreshed their memory from a note or document while giving
evidence, the other party is entitled to inspect the note or document and the court may
also view it.

• The note(s) must be the original document(s).

The usual requirement is that the document(s) that the witnesses use to refresh their
memories must be the original document(s).

SELF-ASSESSMENT ACTIVITY 4.2

Time for activity: 30 minutes

Reflect on the requirements highlighted by Joubert (2010:348) for notes to be

used by witnesses as a means to refresh their memories. Go to the online discus-
sion forum 4.2 and share your thoughts on why you think these requirements
are important.

Feedback and suggested solutions to self-assessment activity 4.2 will be provided on

the online discussion forum and in follow-up tutorial letters.

4.6 METHODS OF TAKING NOTES

There are various ways in which notes can be taken. We focus on the most common
ways below.

4.6.1 Audio/sound recording

An audio or sound recording of what a person says is extremely useful in the investiga-
tion process. In the past, these recordings used to be referred to as “tape recordings”.
Currently, there are electronic devices that record and store audio sounds in electronic
digital format. Most cellphones also have quite sophisticated voice-recording capacities.
This is a handy piece of equipment to have available and this recording is an excellent way
of proving what a person said. Once transcribed, it can be used to formulate a statement.

There are always disadvantages to using technological aids. Among these is the unavail-
ability of suitable recording apparatus or limited battery life. Electronic digital recording
devices that contain evidence of some sort should be taken to an expert in their original
condition and no attempt whatsoever must be made by the investigator to duplicate
the contents. This is because the digital nature of the sound recording will lead the
defence to explore various options in an attempt to create doubt in the mind of the

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court as to the originality and truth of the content of the recording. Remember that, in
a criminal matter the prosecution must prove its case “beyond reasonable doubt”. It is
always better to be safe than sorry afterwards. When dealing with an electronic digital
sound recording device, rather seize the device intact, seal it properly and, observing
continuity of possession, deliver it to the expert for analysis.

4.6.2 Visual recording

This refers to a video recording, which is a digital recording of an image. It is an effec-
tive way to disprove any allegation of impropriety, assault, harassment or other form of
intimidation on the part of the investigator. It can be shown to court and, if properly
identified by the person who made it, should be readily accepted as evidence.

4.6.3 Written notes

Notes are usually made in the presence of the interviewee and can be made in a number
of different ways. Some individuals may find this intimidating and feel uncomfortable,
so the decision depends on the situation and how well you are able to handle it. Taking
notes of everything a person says is almost impossible. A more acceptable and easier
way is to make cryptic notes of what the person says. It is important to stress that the
actual words used by an interviewee should be written down verbatim (word for word)
when something important is said. Never give your own interpretation of a word. If you
don’t know what a word means, ask the interviewee to explain what they mean and also
to spell it for you, if necessary. Remember that a good investigator is a good listener and
that a good listener is a good investigator. Taking notes and interviewing go hand in
hand. You will ask a witness to repeat their story a number of times so that a sequential
line of events can be established. This provides a chronological record of events that
took place, starting at the beginning and extending right down to the end. Use the
story the witness has given and divide it into a series of events/incidents. This means
that there may be a number of incidents that make up the whole story. These incidents
are events that took place either in succession, simultaneously or over a period of time.

The “five whiskeys and one hotel” principle (5WH) is fundamental to any investigator
to apply when trying to obtain complete information in a well-structured and system-
atic way. Consider this principle and remember that the questions associated with each
category will change depending on the type of incident you are investigating and the
type of information you are searching for.

“Five whiskeys and one hotel” principle (5WH):

WHO? – W ho are the persons involved in the matter? Are they known? Can they be
identified?

WHAT? – What exactly happened? What can be determined from the events?

WHERE? – Where did this happen? Where was the witness when the events took place?

WHEN? – When did the events take place (date, time, etc.)?

WHY? – Why was the witness able to see the events? Why could this have happened?

HOW? – How did the event/s take place?

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The advantage of this method is that each event is established as a separate occurrence
and can be fully explored later on during the interview. Therefore, when you focus on
each event individually later on, the witness may remember something which can be
added. Using this method saves you from having to make changes to a statement after-
wards. Bear in mind that you should not take more than one statement from a witness
in the same matter unless new information comes to light at a later stage necessitating
the first statement to be cleared up. The reason for this is the danger that the witness
may perjure themselves and run the risk of facing a charge of statutory perjury in terms
of the provisions of section 319(3) of the CPA.

Another advantage of this method is that, where there are several witnesses, each one
may be able to elaborate on or add something to a particular event, which could be
vital to the case. You must remember that no two witnesses will agree perfectly on
what happened. You will have to examine each event separately to see where there is
agreement and where further investigation is needed. The page on which notes are to
be made should be divided in two by drawing a vertical line, about three-quarters of
the way across the page. The wider section on the left-hand side is where the interview
notes are made. The narrower section on the right-hand side is where you make notes
next to the places where further explanation may be required later on. In this way, the
witness is not constantly being interrupted and can relate the story in a relaxed way.

Once the case has been divided into a chronological series of events, it is relatively
simple to draw a schematic presentation of what happened in blocks and then insert
the names of the various witnesses that are able to testify to that particular event under
each block. This is sometimes referred to as a timeline of events. No matter how hard
you try, you will never succeed in investigating a case in chronological order, so this
method is a practical way of overcoming this problem. You now have the names of
all the witnesses and the reference numbers of their statements handy. This saves you
from having to page through the whole file when looking for a particular statement.
(Case files are never arranged in chronological order of events because statements and
other documentary evidence are usually filed as they are acquired during the course of
the investigation.) Bear in mind that this will greatly assist the prosecutor, who will be
responsible for reading the case, to make a decision. A person who is not acquainted
with the way in which a particular case file has been arranged may want to take it apart
and rearrange it so that it makes sense to them. If this has happened to your case file,
the schematic presentation will make it very easy to put it back together again and will
save you a lot of frustration.

4.7 TECHNIQUES IN OBTAINING INFORMATION

Obtaining information is a tedious and time-consuming process. It requires dedication,
perseverance, tact and a sound temper. When information is required, the five-question
rule determines the process to be followed. If the rule shows that an individual is
a complainant or a witness, the person is then interviewed to establish what happened,
or how that person is involved as a witness. There are various techniques to obtain
information, the most common of which are interviewing and interrogation.

4.7.1 Interviewing
An interview is a conversation between an investigator and a person who is not sus-
pected of being involved in a crime. The conversation can be either formal (referring
to the process leading up to the recording of an affidavit), or informal (referring to a

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general discussion of the case). Whether formal or informal, the purpose is basically
the same, namely to obtain information that will lead to tracing the suspect, instituting
proceedings or recovering assets.

A very handy and effective aid to obtain information from a witness is the TED princi-
ple. TED is an acronym for Tell, Explain and Describe. It is used to prompt the witness
to start talking, without just replying to a series of questions like a robot. TED can be
used successfully in getting the person to relax and to communicate better with the
interviewer. Here are some examples:

TELL – When trying to establish a person’s background: “Tell me about yourself.”

EXPLAIN – W hen trying to find out what a person was doing at a particular place:
“Explain to me what you were doing there.”

DESCRIBE – W hen trying to get a person to tell you what they saw: “Describe the
scene to me.”

The TED principle may be referred to as an “open-ended” questioning technique.

This is so because it is designed to encourage the witness to relax and to talk without
the interviewer having to keep on asking questions and thereby interfering with the
person’s train of thought. The opposite of open-ended questions is “closed” questions.
They differ in that the witness is not encouraged to speak but merely required to answer
“yes” or “no”. Very little information is obtained in this way because it only requires
an agreement or a denial. An example is asking a person whether his name is Jim Fish
or whether the incident took place on a Friday. The answer can only be “yes” or “no”.

4.7.2 Interrogation
Interrogation takes place when an investigator – either a police official or a corporate
investigator – questions a suspected person to elicit a confession or an admission. It is
a formal discussion and the suspect’s constitutional rights as well as the judges’ rules
must be taken into consideration. Note that in criminal investigations a person who is
suspected of having committed an offence is referred to as a suspect, whereas in a civil
or disciplinary matter the person is referred to as the defendant. An interrogation is
less friendly than an interview because you are trying to link the person to the offence.
The questions are aimed at achieving this goal by getting admissions or a confession.

A witness (who is normally on the side of the prosecution) may also be interrogated,
especially when that witness is hostile or uncooperative. There are legal ways to ensure
that a witness gives evidence in a criminal matter and investigators should be aware of
the remedies available to them in cases where witnesses are reluctant or refuse to give
evidence (see sections 179 and 205 of the CPA).

4.7.3 Extraction
This highly unconstitutional and illegal form of interrogation consists of forcing the
“truth” from a person by assault, torture, threats, intimidation or the administering
of chemical agents like sodium pentothal (the so-called truth serum). It goes without
saying that methods like these are prohibited. Investigators that make themselves guilty
of this will not only run the risk of being charged for any number of criminal offences,
but may also face civil action for damages. To illustrate this point, there was an incident
some time ago in the United States of America where police officials were found not

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 Study unit 4: Information

guilty of serious assault on a suspect, but were ordered to pay compensation for civilly
infringing the victim’s civil rights.

SELF-ASSESSMENT ACTIVITY 4.3

Time for activity: 60 minutes

Cynthia Khumalo is tasked to interview Ms Tabisile Ngwenya who alleges that

she is being sexually harassed by Mr Thabo Dube, one of the maintenance staff
members. Ms Ngwenya is very embarrassed about a recent incident that hap-
pened while she was alone in her office with Mr Dube, and finds it difficult to
start talking about the incident.

• Illustrate how you would use the TED principle when interviewing Ms Ngwenya.
• Use the 5WH principle to obtain complete information from Ms Ngwenya which
will be taken down in a statement.

Feedback and suggested solutions to self-assessment activity 4.3 will be provided on

the online discussion forum and in follow-up tutorial letters.

4.8 ACCURACY AND THOROUGHNESS OF

INFORMATION
The information that an investigator sets out to obtain is fundamental to reach a success-
ful conclusion of the case. You must make every effort to ensure that the information
is accurate. This will depend on the manner and strategy followed when gathering the
information. Thoroughness is extremely important. A lack of thoroughness cannot be
excused and will definitely cause the competence of the investigator and the value of
the evidence to be questioned.

4.8.1 Five-question rule (FQR)

The FQR was developed by Grobler (2010) to help the investigator stay focused on
the purpose of an investigation while ensuring the accuracy and thoroughness of the
information (Unisa 2014:70). The rule consists of the following five questions:

What have I got? – In essence, this means exactly what it says. It is a question that
needs to be asked at every stage of the investigation because it not only forces you to
reflect on the evidence you have, but also determines what to do next.

What do I need? – This question forces you to think about how you are going to ob-
tain the necessary evidence to secure a conviction, whether in the form of additional
statements or physical evidence.

Where do I get it? – If you know what you need, you have to find out from where or
from whom the evidence can or should be obtained. This forces you to do some plan-
ning because remember that investigation is a “systematic search for the truth”.

How do I get it? – If you know the answers to the first three questions but you can’t
answer the last one, you need to concentrate seriously on how to go about obtaining
the required evidence. It could mean having to ask for assistance, obtaining special
legal authority or adopting a particular investigative technique. It is all very well get-

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ting the evidence, but you need to keep it safe. (Remember the concept of continuity
of possession we discussed.)

What do I do with it? – Once you have the information or evidence, what do you do
with it? Remember the requirements of continuity of possession we discussed earlier.

Are you legally entitled to keep the evidence in safe custody or must it be handed to
the police for safekeeping? If it is in police custody, how safe will it be? On the other
hand, you need to determine its evidential value. Ask yourself whether it will contribute
to proving the case in court, taking into consideration the burden of proof that you
have to satisfy.

4.8.2 Discussion
The investigative process is so closely interlinked with a sound knowledge of the law
that only a person with a good practical knowledge of the law will become a successful
investigator. For example, if you are unaware of the requirements of the Bill of Rights
contained in the Constitution as far as suspects and accused are concerned, or the ap-
plication of the judges’ rules, and you infringe a suspect or accused’s rights, your case
is doomed. You need to know the definition/elements of the crime that you are inves-
tigating, because these are the points you have to prove by way of statements. If your
statement does not conform, to the letter, to the definition of the crime, and does not
cover all the elements, or your sworn statement does not conform to the requirements
of the law, you have a serious problem. This is where the accuracy and thoroughness
of information play an important role.

An investigator who has a high record of arrests but a poor record of convictions is no
match for an investigator whose arrests may not be as high, but who has a 100% con-
viction rate. The secret lies in knowledge of the law – private law as well as common
law and procedural law. Bear in mind that, in most cases, the prosecutor or counsel
for the plaintiff must read the case docket/investigation file before making a decision
about whether to prosecute or institute proceedings. If the statements don’t reflect that
a crime has been committed, or that there is a basis for instituting proceedings, or if the
statements are deficient in any way, no prosecution or action will be instituted. Don’t
blame them if they decide not to prosecute a case because you have not presented it
properly. Your statements must be written in acceptable language in which grammar,
punctuation and spelling are faultless.

4.9 STANDARD OF PROOF AND BURDEN OF PROOF

4.9.1 Standard of proof

Standard of proof refers to the strength or the amount of evidence that you must bring
in a case to secure a conviction or a positive result. In other words, it is the amount of
evidence you must have to win the case.

In civil matters, the standard of proof is much lower than in criminal cases. To succeed
in a civil case, you need only prove that the plaintiff’s (claimant’s) version is more likely
to be true than the defendant’s. This is referred to as a balance of probability. Expressed
as a percentage, your case needs only to be 2% stronger than that of the opposition in
order to succeed, which is 51% versus 49%.

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 Study unit 5: Statements: theory

In criminal matters it is different. There you have to provide evidence of the person’s guilt
beyond reasonable doubt, meaning that the court can make no finding on the evidence
other than that of guilty. If there is reasonable doubt, the accused will get the benefit
and will be acquitted. Percentage-wise, this is expressed as 95% plus (Joubert 2001:35).

This just goes to show the importance of being able to determine what and how much
you need to prove your case. Bear in mind that the standard of proof in disciplinary
matters is the same as in civil cases. A notable exception is SAPS, where the standard
of proof is the same as in criminal matters.

4.9.2 Burden of proof

There is a difference between the terms “standard of proof” and “burden of proof”. We
discussed standard of proof in the previous paragraph. The burden of proof applies to
the side (party) that must prove their case/claim in order to succeed. As a general rule,
it is the aggrieved party that must prove their case. As the term suggests, the burden
of proof rests on the aggrieved party. If they fail to do so, there is no case for the other
party to answer.

SELF-ASSESSMENT ACTIVITY 4.4

Time for activity: 30 minutes

Distinguish between the standard of proof and the burden of proof in criminal
and civil matters.

Feedback and suggested solutions to self-assessment activity 4.4 will be provided on

the online discussion forum and in follow-up tutorial letters.

4.10 SUMMARY
We began this unit by highlighting that information is fundamental to any investigation.
Without information suggesting that a problem exists or that a crime was committed,
there will be no start to an investigation. We also emphasised how important it is for
you to utilise every opportunity optimally to gather and properly record information.
Engaging with people as a source of information will always be an integral part of your
work. You also learnt about the different categories of people (victims, complainants,
witnesses, suspects, accomplices and accused) and we emphasised that the approach
you will take will depend on the category and the type of information that person can
offer. It remains essential to always consider the legislative framework and mandate
that guides an investigation. Losing sight of this will adversely impact the outcome of
an investigation and may expose you to civil and criminal charges.

In this unit we discussed the meaning of information and its importance in the inves-
tigative process. Furthermore, we studied people as sources of information, the impor-
tance and methods of taking notes, practical tools for systemic information gathering
and recording, i.e. the “five whiskeys and one hotel” principle, the TED principle and
the five-question rule (FQR), the difference between interviewing, interrogation and
extraction and the meaning of standard of proof and burden of proof. In unit 5 we will
begin by studying the theoretical underpinnings of statements.

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SELF-ASSESSMENT QUESTIONS
Time for self-assessment: 120 minutes

To test and evaluate your knowledge of this unit, complete the following activities:

Make sure you have mastered the key concepts that were listed at the start of the unit
by making brief notes so that the meaning of each term is clear.

Answer the following self-assessment questions:

• What is “information” and its importance in the investigation process?

• Who are the sources of information?
• Why is it important to take notes?
• What are the methods of taking notes?
• What are the “five whiskeys and one hotel” principle, the TED principle and the FQR?
• What is the difference between interviewing, interrogation and extraction?

44
CONTENTS
 Page
Study unit 5: Statements: theory 47
5.1 Introduction 47
5.2 Definition 47
5.3 Sworn witness statements 47
5.4 Requirements for an affidavit 48
5.5 Administrative arrangements 50
5.6 Affirmation or solemn declaration 51
5.7 Admonishment 51
5.8 Unsworn statement 52
5.9 Dying declaration 52
5.10 Exculpatory statement 53
5.11 Suspected persons: interviews and statements 53
5.11.1 Interviewing suspected persons 53
5.11.2 Taking a statement from a suspect 55
5.11.3 General rules applicable for interviewing and taking statements from suspects 54
5.12 Statements made by witness 55
5.12.1 Cooperative witnesses 55
5.12.2 Uncooperative witnesses 55
5.13 Confessions 56
5.14 Admissions 56
5.15 Summary 57

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6 STUDY UNIT 5

5 Statements: theory

5.1 INTRODUCTION
In the previous unit we discussed the issue of information and highlighted that it is
fundamental to any investigation. Without information which suggests that a crime,
wrongdoing or any other transgression occurred, there are no grounds for an investiga-
tion to be initiated. However, once information becomes available, it has to be recorded
in some permanent and retrievable form. The best way to do this is to record a written
statement. A written statement is the most important document in any legal process.
It forms the basis of any investigation and is usually recorded by a person conducting
an investigation into a matter, be it of a criminal, civil or departmental nature. There
are various kinds of statements that are used for different purposes. In this unit we
will discuss the various aspects and important considerations regarding statements
and affidavits. We will also examine their purpose, how they should be structured (the
format), the importance of correct procedures and why a statement should conform
to certain minimum standards. We will refer to certain sections of the CPA which are
important for particular kinds of statements. This is such a vitally important part of
the investigation process that there will be a certain degree of repetition of facts. This
is done to remind you constantly of the necessity of being vigilant when interviewing
persons, taking notes and recording statements.

OUTCOMES
After completing this unit, you should be able to

• Explain the basic theoretical concepts related to statements

• Explain the requirements and administrative arrangements regarding statements
• Highlight important considerations when interviewing and obtaining statements
from witnesses and suspected persons
• Explain the general rules and legal considerations when interviewing and obtaining
statements from suspects

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 Study unit 5: Statements: theory

5.2 DEFINITION

Unit 1 Unit 6
the investigation Statements practical
considerations

Unit 2 Unit 7
the investigative process Constitutional and
administrative prescripts
Unit 3
basic concepts in the Unit 8
investigative process Crime scene management
Unit 4
Information
Unit 9
Testimony by the
Unit 5 investigator
Statements theory

FIGURE 5.1
How are we progressing?

TIME REQUIRED FOR UNIT 5

This unit will require approximately 13 hours.

KEY TERMS AND CONCEPTS

You will need to master the following key concepts in order to achieve the learning
outcomes for this unit:

• Sworn statement
• Testimony
• Admission
• Confession

The following definitions are relevant to this unit:

Sworn witness statement

A sworn witness statement is a permanent, written or typed document signed under

oath or affirmed, which contains important facts that can be used to investigate a crime,
reconstruct what happened in the past and provide the courts with relevant information
(Lochner 2014:118).

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Testimony

A formal statement, especially one given in a court of law; or evidence of proof of

something (South African Pocket Oxford Dictionary 2002c:942).

Commissioner of oaths

A commissioner of oaths is a person who has been appointed as such in terms of the
provisions of section 5(1) of the Justices of the Peace and Commissioners of Oaths Act
16 of 1963 by the Minister of Justice and Constitutional Development. There are also
those persons who hold the appointment as commissioner of oaths by virtue of an
appointment in a particular official capacity, such as SAPS members, postmasters or
clerks of court. These appointments are made in terms of section 6 of the Act and are
referred to as ex officio. This means that the persons are appointed by virtue of their
official capacity. According to Lochner (2014:115), a commissioner of oaths is a person
appointed in a specific area by the Minister of Justice, with the authority to administer
an oath or affirmation and to attest to the authenticity of a document.

Admission

An admission is a statement made by an accused that is to their disadvantage. The

admission may be made by means of conduct or a statement and is a confirmation of a
prejudicial or unfavourable fact (Joubert 2010:318).

Confession

A confession is an unambiguous, clear and open admission of guilt where the accused
makes a statement admitting all the elements of the crime (Joubert 2010:321).

5.3 SWORN WITNESS STATEMENTS

Sworn witness statements (affidavits) are permanent written or typed documents taken
and signed under oath or affirmation. They contain important facts that are used to
investigate and reconstruct something that has happened in the past, and to provide
the courts with relevant information. Obtaining a signed and sworn witness statement
requires skill and techniques developed through years of experience. Experienced
investigators develop their own techniques, which will differ from investigator to in-
vestigator. However, there are general techniques that are used by most investigators.

Sworn witness statements vary according to the use for which they are intended. The
most common statement, as far as criminal investigations are concerned, are those
taken by members of SAPS and other organisations whose members are commission-
ers of oaths. These are the statements taken under oath or affirmation and are known
as sworn witness statements or affidavits. They are primarily destined to be used in
criminal and disciplinary matters. Sworn witness statements are also used in civil mat-
ters, but they are usually drafted by legal practitioners. This does not mean that only
persons who are commissioners of oaths can record sworn witness statements, or that
all sworn witness statements are to be used in criminal prosecutions. Any person can
take a statement, irrespective of whether that person is a commissioner of oaths or
not. However, it only becomes an affidavit when the contents are sworn to as the truth
before a commissioner of oaths. Simply put, if A (who is not a commissioner of oaths)
takes down a statement, for whatever purpose, from B, and B takes that statement in
unsigned format to C, who is a commissioner of oaths, and B and C comply with the

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 Study unit 5: Statements: theory

requirements for affidavits below, it becomes an affidavit. However, in this instance,

the certificate at the end of the statement will differ. The commissioner of oaths will
delete the words: I certify that the statement was taken by me.

5.4 REQUIREMENTS FOR AN AFFIDAVIT

An affidavit has to conform to certain legal requirements to be an acceptable and legally
binding document. These requirements are set out in Government Notice GNR 12588
of 21 July 1972, as follows:

(1) An oath is administered by causing the deponent to utter the following words: ‘I
swear that the contents of this declaration are true, so help me God’.
(2) An affirmation is administered by causing the deponent to utter the following
words: ‘I truly affirm that the contents of this declaration are true’.
(2) (1) Before a commissioner of oaths administers to any person the oath or affirma-
tion prescribed by regulation 1, he shall ask the deponent – (a) whether he knows
and understands the contents of the declaration;
(b) whether he has any objection to taking the prescribed oath; and
(c) whether he considers the prescribed oath to be binding on his conscience.
(2) if the deponent acknowledges that he knows and understands the contents
of the declaration and informs the commissioner of oaths that he does
not have any objection to taking the oath and considers it to be binding
on his conscience, the commissioner of oaths shall administer the oath
as prescribed by regulation 1(1).
(3) 
If the deponent acknowledges that he knows and understands the contents of the
declaration but objects to taking the oath or informs the commissioner of oaths
that he does not consider the oath to be binding on his conscience the commis-
sioner of oaths shall administer the affirmation prescribed by regulation 1(2).
3. (1) The deponent shall sign the declaration in the presence of the commissioner
of oaths.

(2) If the deponent cannot write, he shall in the presence of the commissioner of
oaths affix his mark at the foot of the declaration: Provided that if the com-
missioner of oaths has any doubt as to the deponent’s ability to write, he shall
require such inability to be certified at the foot of the declaration by some
other trustworthy person.

4. (1) Below the deponent’s signature or mark the commissioner of oaths shall
certify that the deponent has acknowledged that he knows and understands
the contents of the declaration and he shall state the manner, place and date
of taking the declaration.

(2) The commissioner of oaths shall –

(a) s ign the declaration and print his full name and business address below his signa-
ture; and

(b) s tate his designation and area for which he holds his appointment or the office
held by him if he holds his appointment ex officio.

(5) A commissioner of oaths shall not attest any declaration unless the revenue stamps
required by law in respect of such declaration have been affixed thereto. [Note
that this has since been repealed.]

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(6) A  commissioner of oaths shall not charge any fee for administering any oath or
attesting any declaration.
(7) (1) A commissioner of oaths shall not administer an oath or affirmation relating
to a matter in which he has an interest.
(2) Sub-regulation (1) shall not apply to an affidavit or a declaration mentioned
in the schedule.”

SCHEDULE

DECLARATIONS EXEMPTED FROM THE PROVISION OF REGULATION 7(1)

“1. A declaration taken by an attorney which –

(a) is required for being obtaining of registration in deeds registry referred
to in section 1(1) of the Deeds Registry Act, 1937 (Act 47 of 1937);

(b) should be furnished to a Minister or an administrator or an officer

in the service of the state (including a provincial administration, the
South African Railways and Harbours and the Department of Posts and
Telecommunications), or to someone who is an officer or employee of the
Government Service referred to in section 2 of the Government Service
Act, 1980 (Act 2 of 1980), of the National Assembly of South West Africa.

2. A declaration taken by a commissioner of oaths who is not an attorney and whose

only interest therein arises out of his employment and in the course of his duty.”

5.5 ADMINISTRATIVE ARRANGEMENTS

Many organisations, notably SAPS, have, for the sake of convenience, designed rubber
stamps and other printed forms (referred to as pro forma) to facilitate the process of
administering the oath. There is nothing wrong with this as long as the words that are
not applicable in the pro forma are deleted, initialled and dated. It is regarded as good
practice to learn the wording of the certificate prescribed in the Regulations off by
heart because there is not always a pro forma available in the field. There is an unfor-
tunate tendency among certain investigators (who have not learnt the wording of the
certificates) to leave its inclusion until they are able to use the pro forma. This practice
is strongly condemned as it is not only illegal, but also renders the affidavit worthless.
It may also lead to civil action for illegal arrest or illegal search if the affidavit on which
the issue of the process was based is shown to have been irregularly made and certified.

You may ask why the full personal particulars of the commissioner of oaths are required.
The answer is quite simple. The law requires a commissioner of oaths not only to print
their full names – first and last names–but also their full business address. This require-
ment is probably due to the fact that many people’s handwriting is illegible, which makes
trying to identify them very difficult. Printing this information should make it easier
to read. The main reason for requiring the names and addresses to be printed is to be
able to identify and trace the commissioner of oaths in the event that the deponent
denies that the statement was in fact an affidavit. This is a common occurrence in cases
where a deponent is prosecuted for making conflicting statements under oath or where
the validity of a warrant of arrest or of search and seizure is contested in court. There
can be nothing worse, or more demoralising, than losing a case on which a great deal
of effort and time was spent, due to an oversight in properly completing an affidavit,
not to mention the possibility of facing civil claims for damages due to some illegal

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 Study unit 5: Statements: theory

action. A deponent must be completely certain of the serious implications of making

an affidavit, especially when it is to be used to prosecute another person. Therefore, a
deponent must be aware of what the words in the affidavit mean and their connotation
in terms of the crime that is being investigated.

The business address of the commissioner of oaths is equally important. This is to

determine at which physical street address the person conducts their business and to
trace the person if it becomes necessary to determine whether the affidavit was properly
sworn to. Do not give a post box or other address that cannot be physically visited or
is impossible to find/trace because it is vague or incorrect. Any statement, be it an af-
fidavit or otherwise, must be unambiguous, clear, understandable and to the point. The
meaning of words must be the meaning that is given to them in normal language. Many
experienced investigators have, under strenuous cross-examination, been confronted
with the allegation that an affidavit was obtained from a witness with the sole purpose
of charging the witness for making conflicting statements under oath by using words
with meanings that can be interpreted in different ways.

5.6 AFFIRMATION OR SOLEMN DECLARATION

In cases where the person making the statement either has a religious objection to making
an oath or is not of the Christian faith, an alternative to the oath is administered. This
has the same binding and legal power with regard to how it is administered and was
discussed in paragraph 5.4. The difference is when making an affirmation the deponent
does not swear “So help me God” but only says that they truly affirm the declaration
to be true. To avoid embarrassment, prior to taking the statement, the witness should
be informed that an affidavit will be taken and asked up front whether they have any
objections to it. If so, the affidavit will be started off correctly as described.

SELF-ASSESSMENT ACTIVITY 5.1

Time for activity: 30 minutes

Distinguish between oath and affirmation. What are the differences between
them?

Feedback and suggested solutions to self-assessment activity 5.1 will be provided on

the online discussion forum and in follow-up tutorial letters.

5.7 ADMONISHMENT
You will probably come across instances where a witness is, as a result of youth, de-
fective education or other cause, not able to understand the nature and importance
of the oath or the affirmation. This does not mean that the person is incapable of
giving evidence in court or is incompetent as a witness. Although section 162 of the
CPA determines that witnesses should be examined under oath at criminal proceed-
ings, section 164 makes provision for an admonishing by the presiding official for the
witness to speak the truth when it is clear that the person is unable to understand the
nature and importance of the oath or affirmation. This admonishing carries the same
weight as an oath or affirmation, and a witness can be prosecuted for perjury or statu-
tory perjury if they make a false statement. If you come across this type of situation,
obtain an unsworn statement from the witness and discuss the matter with the relevant

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prosecutor. The CPA particularly authorises only a judge or a presiding officer to do

the admonishing, so this means that this cannot be done by any other person. When
a warrant for arrest or search and seizure has to be obtained and the evidence of such
a person is necessary, supporting statements from other competent witnesses should
be obtained. These should confirm the allegations by the affected person and serve as
sufficient grounds for issuing a warrant.

5.8 UNSWORN STATEMENT

The value of an unsworn statement must not be underestimated merely because it is not
an affidavit. There are many examples of unsworn statements that are of great value
to an investigator. They do not differ from affidavits in any way except that they are
unsworn and cannot be used to obtain warrants. Their value lies in the fact that they
can be used in cross-examination to confront a witness with certain facts. Examples of
these statements are press releases, statements made by suspects and dying declarations.
Their evidential value depends on the extent to which they can be supported by other
facts. Section 164 of the CPA provides for the admissibility of unsworn or unaffirmed
evidence if the witness is ignorant arising from youth, defective education, or other
cause. In these cases the presiding officer admonishes the witness to speak the truth
(as discussed above). For investigation purposes, an unsworn statement is very limited
in its application, unless it is either attested to before a commissioner of oaths or sup-
ported by other facts. The unsworn statement made by a suspect has great value to
check a possible alibi or to contradict a particular defence. It is unfortunate that many
good, efficient and experienced investigators – particularly those in private practice,
who are not ex officio or appointed commissioners of oaths – are unable to take sworn
statements. Any statement made by an accused in a criminal matter may be used to
oppose bail or for purposes of cross-examination. The only proviso is, of course, that
the accused person must have made the statement voluntarily by their sober sense and
with full knowledge of their rights.

5.9 DYING DECLARATION

A dying declaration is one of the exceptions to the hearsay rule. Hearsay is when a per-
son makes a statement about something that was told to them by somebody else. An
example is where a witness tells you that he heard from the next-door neighbour that an
incident took place. A dying or death-bed statement is not a formal, written statement
made by the deceased person on the verge of death. It is a statement made by the person
to whom the deceased made the declaration shortly before passing away. This person is
entitled to state what the deceased told them before dying. Under normal circumstances
a person cannot give evidence as to what they were told by another. There are certain
exceptions to this rule but they don’t form part of this discussion. A dying declaration
is also subject to certain other requirements that don’t form part of this discussion.

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5.10 EXCULPATORY STATEMENT

An exculpatory statement is a statement made by a suspect in which they clear themselves
from guilt. An exculpatory statement made by a suspect or an accused in a criminal mat-
ter is referred to in lay terms as a “warn and caution” or a judges’ rules statement. These
are, as a rule, not sworn to – especially when taken by the investigator. There is nothing
in law to prohibit this, but the courts will most certainly frown upon it – especially as
it may tend to prejudice the accused in their defence and infringe the accused’s consti-
tutional rights. If an accused prefers to submit an exculpatory statement in the form of
an affidavit made before their legal representative, this would be in order because the
accused is properly represented. You would be well advised to approach this issue with
great care and caution, as the slightest infringement of an accused’s rights may lead to
a case being lost, as well as severe criticism from the judiciary. A replying affidavit by a
defendant in civil litigation is totally different and is quite acceptable because the matter
is usually dealt with by way of affidavits.

5.11 SUSPECTED PERSONS: INTERVIEWS AND

STATEMENTS
There are set rules that have to be followed to protect the constitutional and human
rights of persons when they are being questioned and interrogated about their suspected
involvement in criminal activities. If these rules are not obeyed and the rights of the ac-
cused are found to have been infringed, the accused may be entitled to be acquitted on
technical grounds. This acquittal, apart from being most frustrating to an investigator
who may have invested a lot of time and effort in the investigation, also means that a
potentially guilty person goes free. Dealing with this subject is like opening a proverbial
can of worms. There are many pro forma forms available that all attempt to standardise
the format in which a statement by a suspect should be taken. These pro forma forms
have been designed to conform to the requirements of the Constitution and the judges’
rules and to save time. They make provision for a full statement by a suspect as well
as for a refusal to make a statement. However, as many investigators use computers
in doing their work and have saved various forms to use as templates, it has happened
that templates have been incorrectly applied. If you do use templates, make sure they
conform to the legal requirements for what they are to be used. A suspect cannot be
forced to make a statement in the same way that a witness can. A defence lawyer will
ask the client whether they have made a statement to the police. If the client answers
yes, you are bound to receive a request for a copy. If you have not applied the judges’
rules or observed the constitutional requirements that refer to the rights of suspected
persons, you can be certain that the defence will attempt to have the statement declared
inadmissible. It is for this reason that every investigator, be it a private investigator or
an official investigator, should know and abide by the rules.

5.11.1 Interviewing suspected persons

There is a rule in law called the “audi alteram partem” rule. Literally translated, it means
“to hear the other side”. This rule is applied when dealing with suspects, arrested and
accused persons. When a person is being interviewed and it becomes clear that the person
is likely to become a suspect, the person must be warned according to the judges’ rules,
and their rights in terms of the Constitution explained. You must ensure that the suspect
understands this. It is advisable to keep notes of the interview. The notes will ultimately
be annexed to your statement. If the interview is recorded by mechanical means, the
original recording should be duplicated for investigation purposes. The original must

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be sealed and kept as primary evidence. The duplicate can be used to make a transcrip-
tion. This is handed to court as evidence regarding the interview.

Certain laws make provision for a person to be required to appear before a statutory
body to be interviewed in connection with a particular matter. These proceedings are
usually recorded and are under oath. All that is necessary is for the proceedings to be
transcribed and certified. It is then a statement under oath and can be used against a
defendant in civil proceedings. It can only be used in a criminal trial if the defendant has
deviated from the statement sufficiently to warrant a charge of perjury. Remember that
a person can only be charged for making two conflicting statements under oath under
section 319(3) of the earlier CPA (56 of 1955) if the statements are in writing. (See also
section 9 of the Justices of the Peace and Commissioners of the Peace Act 16 of 1963.)

5.11.2 Taking a statement from a suspect

The form of the statement is the same as any other statement taken from a witness.
The most important aspect of this kind of statement is that the suspect must have been
warned according to the judges’ rules and their constitutional rights explained to them.
This must be proved, otherwise the statement will not be admitted as evidence. The dif-
ference in who is able to take this type of statement lies in the fact that it can be recorded
either by the investigator, or by the suspect, in writing (or orally), or by the suspect’s
legal advisor. There are a couple of options when dealing with suspects, especially if
there is a possibility of a dispute at a later stage as to whether the statement was made
freely and voluntarily. One option is for the suspect to prepare the statement person-
ally and then hand it to the investigator. The other is for the person to consult with a
legal representative of their choice and then to hand the statement to the investigator
concerned. Remember that the suspect must make a statement freely and voluntarily.
No threats or promises must be made and the suspect’s constitutional rights must be
observed at all times. Any failure in this regard by an investigator may lead to the court
declaring an admission or a confession by a suspect or an accused as being inadmissible.

There are many examples of pro forma exculpatory statements. These have been pre-
pared by numerous investigators to suit their particular needs. In essence, they are a
mixture of the contents of the judges’ rules and the Constitution. So, when a suspect in
a criminal matter is being interviewed and that person wishes to make a statement, the
pro forma is completed and the person is requested to sign it. There are no prescripts
as far as applying these requirements in civil matters is concerned. Because members
of civilian investigative bodies are not police or law enforcement officers, but private
individuals, these requirements do not apply to them. However, admissions that may
be regarded as a confession made to these individuals will be regarded with great cir-
cumspection by the courts.

5.11.3 General rules applicable for interviewing and taking statements from
suspects
There are some general rules that apply when it comes to interviewing and taking
statements from suspects. The following list is by no means exhaustive and should be
seen as an example:

• Know the constitutional requirements.

• Know the law – the difference between a confession and an admission.
• Know the judges’ rules.

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• Be aware of human rights.

• Treat the suspect with dignity and respect.
• Be aware of your language usage – do not swear.
• Control your temper and remain calm.
• Do not intimidate the suspect.
• Do not force or coerce the suspect into making a confession.
• Take notes – audio-visual if possible.
• Never take a sworn statement from a suspect.
• Do not make any promises.
• In many cases it may be advisable to refer the suspect to their legal adviser. This can
benefit your case because the suspect will then be assumed to have been properly
protected and advised.

It is not our aim to give a lecture on when and how statements of suspected persons
may be used in the investigative process, but rather to caution you as an investigator
when dealing with these cases. It is probably because investigators have made mistakes
in this regard that we find so many decided cases. Take note of these and learn from
others’ mistakes. (See sections 217, 218, 219, 219A and 220 of the CPA.)

SELF-ASSESSMENT ACTIVITY 5.2

Time for activity: 30 minutes

You are about to interview a suspect you have identified in the investigation of
a procurement fraud case. The suspect warns you that he is a qualified legal
expert, knows his rights and states that he “will scrutinise your every move”.

How will you approach the interview?

Feedback and suggested solutions to self-assessment activity 5.2 will be provided on

the online discussion forum and in follow-up tutorial letters.

5.12 STATEMENTS MADE BY WITNESSES

5.12.1 Cooperative witnesses

The preferred procedure is to record a written affidavit from a witness who is fully
cooperative and prepared to testify in court. There is no objection to this being done
in the case of a cooperative witness because the affidavit is given freely and voluntarily.
This affidavit may be admissible as evidence by itself in a criminal trial under certain
circumstances, without the deponent having to appear in person (see sections 212,
212A and 213 of the CPA).

5.12.2 Uncooperative witnesses

When there is resistance on the part of a witness or where the potential witness is hostile,
the provisions of section 205 of the CPA should be applied. In these cases the witness is
summoned to appear before a judicial officer and examined under oath in court, where
the proceedings are recorded. All that needs to be done is for the proceedings to be
transcribed and certified for them to have the same legal status as that of an affidavit
made before a commissioner of oaths. Try hard to avoid alienating a witness by forc-

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ing them to give evidence. This needs to be dealt with somewhat cautiously because a
hostile witness, by either not remembering facts or making concessions while under
cross-examination, may cause the case to fail. Financial institutions like banks, which
have a responsibility of confidentiality towards their clients, will insist on a subpoena in
terms of this section to be served on them before they will give the necessary evidence.
They are not hostile or uncooperative, but merely need to have themselves protected
from possible civil claims by the client involved.

5.13 CONFESSIONS
A confession is an unqualified admission of guilt which, when made in court, will be
the same as a plea of guilty. Police officers of and above commission rank (captain) are
regarded as justices of the peace. They, as well as judicial officers, are entitled to take
confessions from suspected persons. There are strict rules that have to be observed
before this can happen; it is therefore recommended that commissioned police officers
be used as a last resort and that the services of a magistrate rather be used. A judicial
officer is by far a better suited person to take a confession. The format of the confession
is not prescribed and depends largely on the official concerned. There are examples
of pro forma statements available, but the use depends on whether or not the official
wishes to use them. As an investigator, you should not make any threats or promises
whatsoever to induce a person to make a confession. Your role in the process should
be seen as professional and independent. If a person expresses the wish to make a
confession, you are advised to contact the local director of public prosecutions or an
experienced colleague for advice.

5.14 ADMISSIONS
It is not our intention to discuss legal issues. We will, however, show the differences
between the two concepts so that you as an investigator can determine what the legal
implications are when interviewing a person who may be implicated in an offence. From
the outset, refer to the Bill of Rights and the judges’ rules so that you are aware of your
responsibilities and the rights of suspected and arrested persons. According to Joubert
(2001:308), “an admission is a statement made by an accused that is to his/her disad-
vantage”. It differs from a confession to the extent that the person making it does not
plead guilty as such, but admits to the facts by giving an explanation. A simple example
would be where a person accused of murder admits that he killed the deceased, but says
that he acted in self-defence against an attack by the deceased. This type of explana-
tion, as we have said, is called an exculpatory statement (see 5.10). Admissions can be
made in various ways, the most common being verbally when the person is confronted.

SELF-ASSESSMENT ACTIVITY 5.3

Time for activity: 60 minutes

Go to discussion forum 5.3 and discuss the importance of adhering to the

procedures that were discussed in this unit when interviewing and obtaining
statements from witnesses and suspected persons. What are the consequences
of ignoring them? How will the case you are investigating be affected by your
ignorance of legislative guidelines?

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Feedback and suggested solutions to self-assessment activity 5.3 will be provided on

the online discussion forum and in follow-up tutorial letters.

5.15 SUMMARY
It is essential for you to be cognisant of the broader legislative framework which lays
down important guidelines when you take statements. The concepts discussed in this
unit represent a theoretical basis which you must understand before you proceed with
the practical aspects both of interviewing and the subsequent statement taking from
witnesses and suspects. Disregarding the legislative guidelines and best practices dis-
cussed in this unit can have serious ramifications for the outcome of an investigation,
and may result in the acquittal of an accused or a civil claim being instituted against
the state or company that initiated the investigation. In the next unit we will discuss
the practicalities of statement taking.

In this unit we dealt with the basic theoretical concepts related to statements. We dis-
cussed the requirements and administrative arrangements regarding statements and the
important considerations when interviewing and obtaining statements from witnesses
and suspected persons. We also explained the general rules and legal considerations
when interviewing and obtaining statements from suspects. In unit 6 we will move
from theory to practice in statements.

SELF-ASSESSMENT QUESTIONS

Time for self-assessment: 60 minutes

To test and evaluate your knowledge of this unit, complete the following activities:

Make sure you have mastered the key concepts that were listed at the start of the unit
by making brief notes so that the meaning of each term is clear

• What are the basic theoretical concepts related to statements?

• What are the requirements and administrative arrangements regarding statements?
• What are the important considerations when interviewing and obtaining statements
from witnesses and suspected persons?
• What are the general rules and legal considerations when interviewing and obtaining
statements from suspects?

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CONTENTS
 Page
Study unit 6: Statement: practical considerations 59
6.1 Introduction 59
6.2 Preamble 60
6.3 Getting started 61
6.3.1 Paragraph numbering 62
6.3.2 Introduction 63
6.3.3 Introduction of role players 63
6.3.4 Narrative 63
6.3.5 Annexures 63
6.3.6 Identification of exhibits 63
6.4 Conclusion of the statement 64
6.4.1 Administering the oath/affirmation 64
6.4.2 Certificate by commissioner of oaths 65
6.4.3 Using an interpreter 65
6.4.4 Deponent unable to sign 66
6.5 Supplementary statements 66
6.6 Anonymous deponent 66
6.7 Requirements 67
6.7.1 Accuracy 67
6.7.2 Completeness 68
6.7.3 Conciseness 68
6.7.4 Objectivity 68
6.7.5 Comprehensiveness 68
6.7.6 Truth 69
6.7.7 Defects in witness statements 69
6.7.8 Technical requirements 69
6.8 Summary 70

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7 STUDY UNIT 6

6 Statement: practical considerations

6.1 INTRODUCTION
In unit 5 we discussed the theoretical basis and important concepts associated with
statements. In this unit we will cross the bridge between theory and practice and deal
with the practical issues related to statements and statement taking.

OUTCOMES
After completing this unit, you should be able to

• Apply the theory you studied in unit 5 in practical statement taking

• Explain the structure and layout of a statement
• Obtain a statement from a witness or suspect while being cognisant of the legal
guidelines and considerations
Unit 1 Unit 6
the investigation Statements practical
considerations

Unit 2 Unit 7
the investigative process Constitutional and
administrative prescripts
Unit 3
basic concepts in the Unit 8
investigative process Crime scene management
Unit 4
Information Unit 9
Testimony by the
Unit 5 investigator
Statements theory

FIGURE 6.
How are we progressing?

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TIME REQUIRED FOR UNIT 6

This unit will require approximately 13 hours.

KEY TERMS AND CONCEPTS

You will need to master the following key concepts in order to achieve the learning
outcomes for this unit:

• Preamble
• Oath/affirmation

6.2 PREAMBLE
We assume that witnesses are reliable, upstanding members of the community, ready,
willing and able to do their civil duty. Unfortunately, witnesses have a nasty habit of
either being themselves involved in the crime, being untruthful and evasive, or disap-
pearing at the most crucial stage of the investigation or, even worse, the trial itself.
There are circumstances when a witness can be detained. Before an investigator can
detain a witness (the circumstances in which this can happen are described in section
185 of the CPA), the witness must first be traced. For this to be done, there needs to
be sufficient information in the affidavit to make it possible. It is bad enough having
to trace an accused, let alone a witness. A statement is certainly the most important
document in an investigation. Although the content of the statement will vary from
case to case, the format remains the same. The preamble of a statement is extremely
important. It must be complete in every detail. There are a number of reasons for this,
which will become apparent in the discussion, but the most important is the possibility
that the witness may disappear and have to be traced – possibly by another investigator
who will need all the information available to be able to do so.

The following information should be contained in the preamble:

• Title, full first and last names (surname) – Ask the deponent to hand over their
identity document and make sure that it is the same person and that you have the
names spelled correctly. Alternatively, ask the deponent to either spell their names or
write them on a piece of paper. This may have the added benefit of obtaining a sample
of the person’s handwriting. Obtain the person’s nickname or name by which they
ae normally known. (An example is “Doctor” Khumalo.) The person’s title speaks
for itself. Many witnesses, especially professional people, prefer to be addressed by
their title. This should be respected and an enormous amount of goodwill can be
generated between an investigator and a witness if this basic requirement of good
manners is observed.
• Racial group and gender – These are equally important. It is about identification
and nothing else. What success can be hoped for if another person has to trace the
witness at a later stage and does not know whether it is male, female, black, Chinese,
coloured, Indian or white?
• Language – This is the language in which the deponent is making the statement.
The home language of the deponent is also very important because you need to
determine whether an interpreter may be necessary. The second reason is that the
language of a deponent may indicate their ethnicity which, in cases of persons from
a rural community, may assist you in tracing that person later.
• Identity number – If you have the identity document, this is fine. If not, obtain the
deponent’s driver’s licence, passport or any other form of identification on which

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there is a photograph. You can even go to the person’s home and collect it there (if
practical).
• Age – This may be sensitive to some, but not important to others. Avoid this problem
by simply asking the person’s date of birth (this is contained in the person’s identity
document). When searching for a person, you need to know whether the person is
young, middle-aged or elderly. People tend to associate with others of the same age,
so this should make the tracing later a lot easier.
• Occupation – We cannot overemphasise the importance of the person’s occupation.
A person may be uniquely qualified for a particular occupation that would make
locating easier. It is hardly likely that a person who is qualified in a particular job
or profession would change to a job for which they have no training. There are
exceptions, and the next of kin will be able to provide you with valuable information
in this regard. Maybe an accountant had a passion to work as a hardware salesperson
and changed jobs for no apparent reason.
• Full residential address – Apart from the obvious reason, it is possible to establish
a person’s new address from the local metro council. The neighbours may be able
to give the new address, especially for forwarding letters and other correspondence.
They may even be able to say which removal company was involved in the move.
Thus the address where the furniture was taken to can be determined.
• Contact telephone numbers – Obtain the person’s landline as well as cellphone
numbers for the person’s home and workplace. Telkom and the service provider
may be able to assist.
• Full work address – This is to determine where the person works and to obtain any
personnel or other employee number. The name of the company will make tracing
easier later, and more so if you know in which department or business unit the person
worked, what their particular function was and the period of employment. In large
organisations this information will make tracing the person easier.
• Further particulars – Is the person married, single, divorced or widowed? Particulars
of the spouse, especially in divorce cases, may assist in tracing because the witness
may be responsible for maintenance payments. Particulars of friends, family or next
of kin are important, because people tend to stay in contact with each other. If a
person comes from a rural community, the particulars of a contact person there is
vital. It could be useful to determine which school the deponent’s children attend.
Schools keep record when children are transferred to another school. The local
church may be a valuable source of information. When members of a congregation
relocate, the church at the new neighbourhood usually requests the scribe of the
former congregation to forward the members’ records.

6.3 GETTING STARTED

Start the statement by writing down the deponent’s title and full first names and last
name/surname. The title is important, because it will serve to further identify the person
and how they will be addressed. The deponent’s names should preferably be printed
and the last name/surname should be in capitals and underlined. This indicates that
it is the person’s last name/surname. It is important to indicate a person’s last name/
surname in this way, because there are many last names/surnames that sound like first
names and it is most embarrassing when someone is addressed incorrectly.

A statement is written in the first person, past tense. For example, a deponent would
state that: “on such and such a day (even if it is today) I went to such and such a place”.
It would be incorrect to state: “Today I am going to such and such a place”. Remem-
ber that all statements refer to what has happened in the past. The words “STATES
UNDER OATH/OR SOLEMNLY DECLARES [as the case may be] IN ENGLISH”

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should appear in the very next line. In cases where the deponent is unable to speak
English and an interpreter is used, this fact is stated as “STATES UNDER OATH/
SOLEMNLY DECLARES [as the case may be] IN (whatever language the deponent
speaks) AND TRANSLATED INTO ENGLISH BY (THE FULL NAMES OF
THE INTERPRETER – the interpreter’s particulars will be recorded at the end of
the statement.)” It is therefore important to keep the interpreter’s details in case the
translation is later questioned.

Now follows the preamble which serves to identify the deponent as follows:

TITLE + FULL FIRST NAME/S AND LAST NAME (SURNAME) STATES

UNDER OATH IN ENGLISH:

I am an adult (language of preference) speaking (race) and (gender) (nationality) citizen,

(age), (date of birth) with identity number (full correct identity number according to
identity document). My residential address and telephone number is (full street address
and area code). I am employed by (name of company and full physical address as well as
telephone and cellphone numbers) as a (occupation) – the deponent may be the owner,
in which case the statement needs to be amended. My personnel or contract number
is (state this number correctly) and I have been employed there for (period of employ-
ment). My next of kin is (name and relationship) who resides at (different address from
the deponent). I am single/married or divorced. My spouse was/is (full names and
contact particulars). The fact that the deponent is divorced may be a sensitive issue,
because many divorce cases are unpleasant affairs and the deponent may feel that this
information has nothing to do with the case. The deponent may be a widow/widower,
in which case you don’t need the deceased spouse’s particulars. Try, in a tactful way, to
obtain this information by explaining why it is required.

SELF-ASSESSMENT ACTIVITY 6.1

Time for activity: 120 minutes

You are to obtain a statement from Mr Thobela. Draft only the preamble of the
statement that you will take from Mr Thobela by including detailed information
based on the discussion above.

Feedback and suggested solutions to self-assessment activity 6.1 will be provided on

the online discussion forum and in follow-up tutorial letters.

6.3.1 Paragraph numbering

The next paragraph, which is the body of the statement, contains a narrative, in the
first person past tense – a description, in sequence, of the facts relative to the state-
ment. The first paragraph is numbered, starting at number 1, in the middle of the page.
The numbering of paragraphs is very important because it may be necessary to refer to
something in a particular paragraph later on in the statement, and this would make the
process very easy. For example: “... The person called Peter, referred to in paragraph 5
below, then took out a knife and stabbed me in the arm.”

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6.3.2 Introduction
The deponent now introduces themselves and states in which capacity the statement is
made. If the statement is made in an official capacity, the deponent states that, by virtue
of their position, they have full control over and access to all books, records, registers
and documents, both in hard and electronic form kept by the organisation and that all
entries so made are done in the normal course of business (see sections 236 and 236A
of the CPA).

6.3.3 Introduction of role players

Now the deponent starts to identify the role players, setting out each person’s function
and relating the role played by each. This is important, because you may have to approach
some or all of them at some stage, depending on what the outcome of the statement is.
By this time, you would already know what to expect, because you will have conducted
a full interview with the deponent beforehand and have taken interview notes.

6.3.4 Narrative
You can now start with the facts as related to you during the interview. Remember to
start at the very beginning, dealing with one set of facts per paragraph in chronologi-
cal order. Remember the importance of time, date and place of occurrences. Set out in
detail what happened and how it happened. Bear in mind that a statement by a com-
plainant has to contain the elements of the crime. A witness testifies to what they saw
or experienced first hand.

6.3.5 Annexures
Most statements involving fraud and other similar crimes are likely to contain annexures
of some sort. Remember that no document can speak for itself. The only documents
that are exceptions to the rule are certificates that are issued by official agencies such
as the Registrar of Deeds, the Registrar of Companies, the Clerk of the Court and the
Registrar of the High Court. Banks also issue certificates to certify their records. In
these cases sections 212, 234, 236 or 236A, as the case may be, of the CPA are used.
Bear in mind that the court may order that the person issuing such a certificate give
evidence in person. See also section 212A which deals with statements from abroad.
Section 213 of the CPA makes provision for written statements which can be handed
in as evidence during a criminal trial by agreement between the parties.

6.3.6 Identification of exhibits

A document that is destined to be used in evidence at a trial must be clearly identified
by the party wishing to tender it as evidence, either by calling the author, the recipient
or other person, who is able to testify as to its origin. Therefore, when a deponent refers
to a document in their statement, it is annexed and attached to the document and de-
scribed in such detail as is sufficient to identify it. It is then referred to in the statement
as Annexure A, B etc. Remember that these annexed documents are always filed in
alphabetical order. Remember, too, that the original of the annexure that the deponent
referred to in their affidavit must be handed to the presiding officer as an exhibit during
a trial. Original exhibits – especially documents – must be safeguarded against theft,
damage or contamination. Certified copies are usually made for investigation purposes

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and for use by the prosecutor and the defence lawyer during the trial. Sometimes the
original is lost, destroyed or, for some reason, cannot be produced in court. In that case
the so-called best evidence rule applies. This is where the party wishing to produce the
document has to give evidence that the original document cannot be produced for a
particular reason and that (where lost) it could not be found after diligent search. If the
court accepts this statement, it may allow the copy to be entered as evidence.

SELF-ASSESSMENT ACTIVITY 6.2

Time for activity: 60 minutes

Go to discussion forum 6.2 and give your views on why it is so important to

write a complete narrative as provided to you by the person being interviewed.
Highlight the importance of being clear when introducing role players and the
identification of exhibits.

Feedback and suggested solutions to self-assessment activity 6.2 will be provided on

the online discussion forum and in follow-up tutorial letters.

6.4 CONCLUSION OF THE STATEMENT

Before the statement is concluded, it must be read to the deponent by the person who
recorded it. It is advisable to hand it to the witness for them to read it personally. All
alterations and additions must be initialled and dated by both parties. A statement may
be recorded in typed or longhand form. If it is recorded in longhand and later typed for
the sake of neatness, the original longhand statement must under no circumstances be
destroyed or handed to the deponent. It is the original statement and will always remain
so. It could happen that the deponent signs the typewritten statement and the original,
handwritten statement is destroyed. In court the deponent deviates from the original
to such an extent that you want to charge them for perjury. What do you have? – only
a copy which is not the original. You may try the best evidence rule, but the ultimate
decision will depend on the prosecutor.

6.4.1 Administering the oath/affirmation

When all the alterations have been made and both parties are satisfied with the state-
ment, the deponent must answer the following three questions:

Do you know and understand the contents of this declaration?

Do you have any objection to taking the prescribed oath?

Do you consider the prescribed oath to be binding on your conscience?

The deponent’s answers, either “Yes” or “No”, must be indicated in narrative form. For
example: “I understand the contents of this declaration. I have no objection to taking
the prescribed oath. I consider the prescribed oath to be binding on my conscience. I
swear that the contents of this declaration are true, so help me God.”

If the deponent has an objection to taking the prescribed oath and wishes to affirm the
statement, the form will look something like this: “I understand the contents of this
declaration. I have an objection to taking the prescribed oath, which I do not consider
to be binding on my conscience. I truly affirm that the contents of this declaration are
true.”

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If the witness has indicated that they know and understand the contents of the declaration,
that they have no objection to taking the prescribed oath and that the prescribed oath
is binding on their conscience, the commissioner of oaths then requests the deponent
to utter the words: “I swear that the contents of this declaration are true – So help me
God.” There is nothing in the law to require the witness to raise their right hand – this
is used in court when a witness is sworn in before testifying. Tradition is hard to break
and there is nothing to prohibit this when making an out of court affidavit. After mak-
ing the oath, the deponent signs the declaration and initials and dates each page at the
bottom right-hand corner, in the presence of the commissioner of oaths.

Exactly the same procedure applies in the case of an affirmation, except for the word-
ing which is: “I truly affirm that the contents of this declaration are true.” An affirmed
statement has the same legal binding effect as that of an affidavit. If the commissioner
of oaths has used a rubber stamp which contains these certificates, the parts that are
not applicable must be deleted, initialled and dated. If not, the certificates are written
out in longhand and completed as described above. Remember that the deponent must
sign immediately below the last sentence and that no spaces must be left open. This is
to protect all parties against allegations of later insertions. It is good practice to inform
a witness beforehand that you intend recording a sworn statement and asking whether
the witness has an objection to taking the oath. You are then prepared to administer
the oath or affirmation correctly.

6.4.2 Certificate by commissioner of oaths

The person taking the statement, in their capacity as a commissioner of oaths, then adds,
immediately below the deponent’s signature, the following certificate to the statement:

“I certify that the deponent has acknowledged that he/she knows and understands the
contents of this statement. This statement was sworn to/affirmed before me and the
deponent’s signature/thumbprint/mark was placed thereon in my presence at (Place)
on this the (Date) at (Time).”

NOTE: The words that do not apply must be crossed out and initialled when using a
rubber stamp, pro forma or so-called template. If not, the correct words must be used.

The commissioner of oaths then signs the statement and adds the following particulars
to the statement: COMMISSIONER OF OATHS. FULL FIRST AND LAST NAMES.

RANK: (If signing in an official capacity)

EX OFFICIO: (Member of organisation e.g. police officer) AREA: (Area for which
appointed e.g. Republic of South Africa). These particulars must be printed.

ADDRESS. (This is the full business street address of the commissioner of oaths. It
must be the physical street address where the commissioner of oaths is conducting their
business AND NOT A POST OFFICE BOX NUMBER.)

6.4.3 Using an interpreter

When an interpreter has been used, the following certificate is added to the bottom of
the statement:

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“I (Full names) hereby certify that I have translated from (language used by the depo-
nent) to English and vice versa.”

It is then signed and dated by the interpreter.

6.4.4 Deponent unable to sign

If the deponent is unable to sign, their mark or right thumb print must be affixed to
the statement in place of a signature. If this happens, the mark or fingerprint must be
clearly identified as such and signed by the member/commissioner of oaths.

6.5 SUPPLEMENTARY STATEMENTS

Quite often a witness has to make a second statement to supplement a previous one.
This happens when a witness makes a statement about an occurrence at a particular
time and date and then, some time afterwards, further developments take place which
influence the statement. Defence lawyers are quick to try and capitalise on this by ask-
ing a witness how many previous statements they have made in this regard. This is an
attempt to show that the witness has made more than one statement and that there may
possibly be two, and possibly conflicting, versions regarding the same facts. When a
supplementary statement is made, it should be clearly stated in the preamble directly
after the words: “STATES IN ENGLISH UNDER OATH: Further to my previous
statement made on (date) I wish to make the following supplementary statement ...”.
The two statements are then bound together so that they form a single document. The
first statement can be endorsed in red ink at the end: “See supplementary statement
dated ... attached”. The supplementary statement should be similarly endorsed. There is
always the possibility that the deponent may deviate materially from the first statement
to such an extent that it constitutes an offence. (See section 101 of the CPA and section
319(3) of the previous CPA 56 of 1955.) The offence is described as “Making conflicting
statements on oath”. In such a case the deponent should be warned and the implications
explained to them. If the deponent persists, they should be taken to another person, if at
all possible, and that person is requested to complete the second statement. Care should
be taken that the investigator does not administer the second oath personally, but that
an independent person administers it. This is to avoid the obvious accusation from the
defence that the investigator knew that the deponent was about to commit an offence
and did nothing to stop it. Under no circumstances should the original statement be
destroyed or handed to the witness, because it is primary evidence.

If conflicting statements are made orally in court, the charge is perjury. When conflict-
ing statements are in writing, the charge is one of contravening section 319(3) of the
CPA 56 of 1955. To prove this charge, it is not necessary to prove which one of the two
statements is either true or false. See also section 101 of the CPA 51 of 1977. The court
may require the production of the two conflicting statements as well as statements made
by the two commissioners of oaths who attested the two statements.

6.6 ANONYMOUS DEPONENT

A witness may wish to remain anonymous. In such a case, the witness should be informed
that this is, at best, only a temporary arrangement and that their identity is bound to be
made public at the start of the trial. Even before the start of the trial, anonymity can-
not be guaranteed because the accused is entitled to a copy of the case docket and the

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names of all the witnesses will thus be known. In these cases, it is advisable to discuss
the matter with the public prosecutor who will issue instructions and guidelines to the
investigator, after possibly conducting an interview with the witness.

SELF-ASSESSMENT ACTIVITY 6.3

Mrs Devi Patel, the complainant, reports to you that her self-storage facility was
broken into over the weekend between Friday 17 July 2022 and Monday 20 July
2022. The self-storage facility is situated at West-Vaal Retail Park, 1232 Samrand
Road, Midrand. The complainant informs you that she visited the facility on
Friday morning, 17 July 2022 at 08:30 in order to store additional furniture. She
was accompanied by a male called Jonno from ABC Courier Company who as-
sisted her in storing the furniture. Upon leaving the storage facility at 09:00, she
secured the premises and paid Jonno for the service provided by ABC Courier
Company. It was only when she arrived home that she noticed that the key to
the storage facility was not in her possession. Mrs Patel again visited the storage
facility on Monday morning at 09:00 in an attempt to search for the lost key, and
found that her storage facility was open. The complainant furthermore supplies
you with the contact details and description of a potential suspect known only
as Jonno and supplies you with a list of stolen items.

All details as provided in the scenario should be captured in a complete state-

ment. Special attention should be given to the following:

• Elements of the crime

• Description of the scene
• Description of the stolen property
• Description of the suspect
• Administering of the oath or affirmation

Feedback and suggested solutions to self-assessment activity 6.3 will be provided on

the online discussion forum and in follow-up tutorial letters.

6.7 REQUIREMENTS
According to Lochner (2014:85), there are requirements for a complete, well-organised
and professionally written sworn witness statement. It must be accurate, complete,
concise, objective, comprehensive and the truth.

6.7.1 Accuracy
The statement must be an accurate version of events. Every word used in the statement
must unequivocally reflect the meaning intended. In the Oscar Pistorius case, for ex-
ample, sounds that emanated from the house on the night of the murder were initially
described as “shots” but were later called “banging”. The witness’s words must be
written down verbatim. There must be no confusion about concepts and the witness’s
words must convey what they want to say. As the investigator taking the statement you
may not “tweak” the language to make it sound better or to say what you think the
witness wants to say; the witness statement must say what the witness understood and
experienced. Accuracy also manifests in the correct use of words, sentences, names and
titles. Spelling errors and using the wrong words create the impression that the investi-

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gator is untrained, unprofessional and laissez faire. Full sentences in a logical sequence
that paint the full picture of what happened add to the accuracy of the statement. The
choice of words should be exact and say exactly what is meant. Ambiguous language
that allows for assumptions should be avoided because it could create confusion. Us-
ing complex words and terms must be avoided because the aim of a statement is to
convey facts and not to try to impress the reader. Poor vocabulary and a lackadaisical
approach to taking the statement will create confusion and lead to incorrect assump-
tions and interpretations. Sketches and diagrams may be used to clarify aspects that are
difficult to describe. An accurate statement is reader-friendly and avoids phrases like
“as stated herein”, “as above” or “see below” – vague references like these could lead
to the wrong information being identified or important information being overlooked.

6.7.2 Completeness
The statement should contain all the details about the crime that was committed. The
5WH formula can be used to ensure that the statement is complete. The testimony of
the witness must be clearly set out in the statement. No material information may be
omitted. Complete sworn witness statements not only promote the criminal justice pro-
cess, but give a positive reflection of the investigator’s training, education, competence
and professionalism during the trial.

6.7.3 Conciseness
The statement should be concise and to the point. This does not mean that details should
be omitted, but irrelevant words and phrases should be avoided. When a statement
is complete and understandable, it meets the requirements of conciseness. A further
requirement for conciseness is that the statement must present the relevant facts. Use
short sentences because long sentences could lead to confusion and errors.

6.7.4 Objectivity
When taking sworn witness statements, guard against including your own emotions
and views in the witness statement. A sworn statement taken from a witness must be
the witness’s version, not yours. Record the witness’s exact version of events and the
expressions and words used by the witness verbatim, even if you think different words
or a different version of the events would be more appropriate. Criminal investigation
is about exposing the truth. If the witness reveals information that indicates a person’s
innocence, those facts must also be included.

6.7.5 Comprehensiveness
Any person reading the statement must be able to easily understand the facts and infor-
mation given by the witness, or what had transpired at the crime scene. To ensure this, all
the facts must be included. There must be no room for assumptions or guesswork. The
admissibility of the evidence contained in the statement must be left to the prosecutor or
the person who is tasked with making that decision. A thorough knowledge of the law
will enable you to identify the elements of the crime during the witness interview and
to ask the right questions to elicit facts that can be included in the witness statement.

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6.7.6 Truth
Presiding officials in criminal cases make their determinations based on the truth.
Testimony is central to the investigator’s career and under no circumstances can state-
ments be made that are not true or that do not reveal the truth. Once the witness state-
ment has been attested, the words in the statement and the meaning they carry cannot
be changed. In South African courts an affirmed witness statement carries the same
evidentiary value as a sworn witness statement. By taking the oath or affirmation the
witness confirms that the statement contains the truth and that the oath or affirmation
is binding on their conscience.

6.7.7 Defects in witness statements

Lochner (2014:80) conducted empirical research and subsequently pointed out in his
book Taking effective witness statements the defects that appear in witness statements:

• Investigators do not know the elements of the crime that should be dealt with in
the statement.
• The crime scene has not been described in detail – the date, time, place and modus
operandi are often not mentioned.
• Statements do not reflect what actually happened.
• Seal numbers and serial numbers of evidence are omitted or are inconsistent.
• Register numbers are omitted or are inconsistent.
• The descriptions of clothing, injuries and the condition of witnesses and victims
are incomplete.
• Ambiguous words are used. One of the respondents used the following example: for
one population group “buttocks” means thighs; for another it refers to a person’s
bottom.
• The chain of custody documentation is not included.

According to Van Niekerk and Lochner (in Zinn and Dintwe, 2015) there are also ad-
ministrative and grammatical defects that appear in witness statements. It is important
that we point out these defects to you so that you avoid repeating them when taking
witness statements:

• Witnesses omit to sign the statement.

• Sentence construction is poor, paragraphs are incoherent and statements are
poorly composed.
• Language is clumsy and there are spelling and language errors.
• Investigators do not write the statement in chronological order.
• Statements are not numbered.
• Where deletions are made, they are not signed (or initialled) and dated.
• Statements are incorrectly attested.
• Statements are not immediately attested.

6.7.8 Technical requirements

For a sworn witness statement to meet the requirements, technical aspects of the state-
ment also play a vital role. Statements that meet the technical requirements portray an
image of professionalism and dedication. The following technical aspects regarding the
format of a sworn witness statement are extremely important:

• Format: A sworn witness statement can be taken in various ways and forms. The
format and contents will be determined by the type of crime committed. Gordon and

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Fleisher (2010:53) suggest that if an organisation has decided on a specific format,

that format should be used consistently throughout the organisation. The use of
different formats within an organisation will appear unprofessional. If statements
are obtained from different witnesses about the same event, the statements may
under no circumstances be duplicated. This will appear most suspicious. In the
Oscar Pistorius trial, for example, defence attorney Barry Roux interrogated state
witness Charl Johnson on a number of points in his statement that were very similar
to those in the statement given by his wife, Michelle Burger.
• In writing: Statements must be in writing. If the statement is typed, it must be signed
and filed in the case docket or investigation file. Written statements must be legible.
• Paper: Some investigators prefer to use lined paper with no margins to prevent
additions and amendments, but this is not always possible or practical.
• Paragraphs: A sworn witness statement must be divided into paragraphs. Paragraphs
should preferably be numbered and the numbers must be centred to facilitate cross-
referencing. No lines should be left blank before and after paragraph numbers. The
text should flow from left to right to prevent the insertion of paragraphs or other
information. There are various opinions about how many sentences a paragraph must
contain. Gordon and Fleisher (2010:53) suggest that a paragraph should contain no
more than 15 sentences.
• First person, past tense: The statement must be written in the first person and in
the past tense.
• Chronological order: If the statement consists of more than one page, the text
must flow chronologically from one page to the next to prevent the insertion of
additional pages and information. If a statement consists of more than one page,
the page number and the total number of pages should be recorded at the top of the
page, for example “Page 1 of 10”.
• Sign and date: The witness (person making the statement) must sign and date every
page of the statement. They should also indicate which page it is that is being signed,
for example 9/15 (page 9 of 15). It is strongly recommended that the investigator
who has taken the statement also sign every page.

6.8 SUMMARY
The importance of complying with the law in general, and prescriptions relating to
affidavits in particular, cannot be overemphasised. If an affidavit is not correct in all
respects, it is not an affidavit. If it is not correct and a search or arrest warrant is issued
on the strength of it, it would mean that the warrant was irregularly issued and with-
out legal foundation. SAPS or another agency that executes such an irregular warrant
will be very embarrassed. Any property seized on the strength of an irregularly issued
warrant will have to be returned. The organisation could face civil claims for damages
and other consequences, such as an acquittal of the accused. Equally important are
the particulars of the commissioner of oaths. If a deponent denies that the statement
was properly attested or claims that something irregular took place, or that some false
information was added to the statement afterwards, the commissioner of oaths will be
called to testify. That is one of the reasons why the complete physical street address
of the place of business of the commissioner of oaths must appear on the certificate.

As the investigator, you remain solely responsible for recording a statement correctly and
properly, whether you are a commissioner of oaths or not. The quality of the evidence
and the chances of a successful prosecution will depend on the contents of the affidavit.
If these are inadequate, no prosecution will take place, irrespective of how good the
case may seem to you. The decision to prosecute rests with someone else, who has to
make a decision on the basis of the contents of the statement. If there is little chance of

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a conviction, the official will decline to institute a prosecution. Make sure that witnesses
who are involved in long and drawn out cases provide sufficient personal information
so that they can easily be traced if they disappear. The way in which a statement is taken
is a reflection of the character of an investigator. A statement provides insight into how
you think and act. If you are overly hasty and don’t pay much attention to detail, the
statements you take will show this. These statements will always be lacking in some way.
Keeping proper and reliable notes of occurrences as they take place is an art that only
the truly dedicated fully appreciate and do in order to achieve success and recognition.

In unit 6 we applied the theory studied in unit 5 in practical statement taking. We ex-
plained the structure and layout of a statement and you learnt how to obtain a statement
from a witness or suspect while being cognisant of the legal guidelines and considera-
tions. In unit 7 we will delve into the constitutional and administrative prescripts.

SELF-ASSESSMENT QUESTIONS
Time for self-assessment: 90 minutes

To test and evaluate your knowledge of this unit, complete the following activities:

Make sure you have mastered the key concepts that were listed at the start of the unit
by making brief notes so that the meaning of each term is clear.

Answer the following self-assessment questions:

• Explain the structure and layout of a statement.

• Explain how you would obtain a statement from a witness or suspect while keeping
in mind the legal guidelines and considerations.

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CONTENTS
 Page
Study unit 7: Constitutional and administrative prescripts 73
7.1 Introduction 73
7.2 Judges’ rules 74
7.3 Constitution 76
7.3.1 Arrested persons 77
7.3.2 Detained persons 77
7.3.3 Accused persons 78
7.4 Summary 79

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8 STUDY UNIT 7

7 Constitutional and administrative prescripts

7.1 INTRODUCTION
The process leading up to the arrest of the suspect is vitally important because it in-
volves human rights that are protected in the Bill of Rights. You must be very careful
because if you ignore these rights or are found to have acted unconstitutionally, you
run the risk of losing the case. The process of confronting the suspect can be divided
into two parts. The first part involves the judges’ rules. Here the suspect has not yet
been arrested and is given the opportunity to give an explanation that may prove their
innocence. The second part involves the provisions of section 35(1) of the Constitution,
which deals with a suspect’s rights after arrest.UNIT 7

OUTCOMES
After completing this unit, you should be able to

• Explain the judges’ rules

• Explain how and when to use the judges’ rules in a practical situation
• Explain section 35(1), (2) and (3) of the constitution
• Explain the importance of the judges’ rules and section 35 of the Constitution when
interacting with suspected, arrested, detained and accused persons

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Unit 1 Unit 6
the investigation Statements practical
considerations

Unit 2 Unit 7
the investigative process Constitutional and
administrative prescripts
Unit 3
basic concepts in the Unit 8
investigative process Crime scene management
Unit 4
Information Unit 9
Testimony by the
Unit 5 investigator
Statements theory

FIGURE 7.1
How are we progressing?
TIME REQUIRED FOR UNIT 7

This unit will require approximately 13 hours.

KEY TERMS AND CONCEPTS

You will need to master the following key concepts in order to achieve the learning
outcomes for this unit:

• Judges’ rules
• Section 35

7.2 JUDGES’ RULES

The judges’ rules are considered to be very important guidelines, even though some
people may argue that they no longer apply in view of the constitutional requirements.
The fact that so much emphasis is placed on a person’s constitutional rights, as contained
in the Bill of Rights, means that a court will look very closely at the process employed to
bring the accused before court, as well as how evidence has been obtained – especially
evidence obtained from a suspect during the pre-trial process. If these rights have been
infringed in the evidence collection process, that evidence may be excluded during the
trial and the accused may go free (Joubert 2010:22).

The judges’ rules are not contained in an Act of Parliament and have no force in law.
They are administrative guidelines for the police to follow to prevent malpractices,
and they were drafted at a judges’ conference in 1931. It is therefore of the utmost
importance for any official involved in crime investigation and, particularly when
dealing with suspects, to have an operational understanding of the judges’ rules. They
can serve as an effective tool to guard against the infringement of rights, which may

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result in the exclusion of evidence and the acquittal of a guilty person. The fact that the
rights of detained and accused persons are protected under section 35 of the Constitu-
tion does not mean that the judges’ rules are no longer important. In the matter of S v
Nombewu 1996 (2) SACR 396 (E), it was held that the judges’ rules are relevant in the
constitutional era (Joubert 2010:225). Take special note of the fact that the judges’ rules
apply in the pre-arrest stage, when the person is still a suspect and before the police
have decided to arrest them. At this stage, the suspect can still give an explanation that
would either prove their innocence or justify their actions. The judges’ rules do not
replace the warning in terms of the provisions of section 35(1) of the Constitution; they
support these provisions and complement the “constitutional” warning that has to be
given. Even though the judges’ rules apply to SAPS, it is good for any investigator to
use them as a guideline when dealing with a suspect, e.g. be transparent and respectful
of the suspect’s rights at all times.

The judges’ rules are as follows:

(1) Questions may be put by Policemen to persons whom they do not suspect of be-
ing concerned in the commission of the crime under investigation, without any
CAUTION being first administered.
(2) Questions may also be put to a person whom it has been decided to arrest or who
is under suspicion where it is possible that the person by his answers may afford
information which may tend to establish his innocence, as, for instance where he
has been found in possession of property suspected to have been stolen, or if an
instrument suspected to have been used in the commission of the crime, or where
he was seen in the vicinity about the time when a crime was committed. IN SUCH
A CASE CAUTION SHOULD FIRST BE ADMINISTERED. Questions, the
sole purpose of which is that the answers may afford evidence against the person
suspected, should not be put.
(3) The terms of the CAUTION to be administered are: ‘I am a Police official. I am
making enquiries (into so and so) and I want to know anything you can tell me
about it. It is a serious matter AND I MUST WARN YOU TO BE CAREFUL
WHAT YOU SAY.’ Where there is any special matter as to which an explanation
is desired, the official should add the words such as: “You have been found in
possession of ...” and “unless you can explain this I may have to arrest you”.
(4) Questions should not be put to a person in custody with the exception of ques-
tions put in terms of rule (7).
(5) Where a person in custody wishes to volunteer a statement he should be allowed
to make it, BUT HE SHOULD FIRST BE CAUTIONED.
(6) A prisoner making a statement before there is time to caution him, SHOULD BE
CAUTIONED AS SOON AS POSSIBLE.
(7) A prisoner making a voluntary statement must not be cross-examined, but ques-
tions may be put to him solely for the purpose of removing elementary or obvious
ambiguities in VOLUNTARY STATEMENTS. For instance, if he has mentioned
an hour without saying whether it was morning or evening or has given a day of
the week and a day of the month which do not agree, or has not made it clear to
what individual or what place he intended to refer in some part of his statement,
he may be questioned sufficiently to clear up the point.
(8) The caution to be administered to a person in custody should be to the following
effect –
(a) Where he is formally charged –

‘Do you wish to say anything in answer to the charge: You are not obliged to do so, but
whatever you say will be taken down in writing and may be given in evidence.’

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(b) Where a prisoner volunteers a statement, otherwise than on a formal

charge –

‘Before you say anything (or, if he has already commenced his statement, anything
further), I must tell you that you are not obliged to do so, but whatever you say will be
taken down in writing and may be used in evidence.’

(9) Any statement made should, whenever possible, be taken down in writing and in
the language in which it was made. It should be read over to the person making it,
and he should be given full opportunity for making any corrections therein that
he may wish to and he should then be invited to sign it.
(10) When two or more persons are charged with the same offence and a voluntary
statement is made by any one of them, the Police, if they consider it desirable,
may furnish each of the other persons with a copy of such statement, but noth-
ing should be said or done by the Police to invite a reply. The Police should not
read such statement to a person furnished, unless such person is unable to read it
and desires that it be read over to him. If a person so furnished desires to make a
voluntary statement in reply, the usual caution should be administered” (Coetzee
1983:18).

If you study the judges’ rules, you will see that they assist you greatly in doing your job
correctly. We will be quoting from the constitutional requirements and we urge you
to compare the judges’ rules with the constitutional requirements to see whether they
overlap, are in conflict or combine to protect you against unconstitutional behaviour.

SELF-ASSESSMENT ACTIVITY 7.1

Time for activity: 60 minutes

Go to discussion forum 7.1 and reflect on the importance of the judges’ rules. Why
are these rules important to consider? If these rules are ignored, what impact
will that have on a case that you have investigated and presented before court?
How will you apply the judges’ rules in a situation where a suspect informs you
that she wants to confess to the commission of a crime?

Feedback and suggested solutions to self-assessment activity 7.1 will be provided on the
online discussion forum and in follow-up tutorial letters.

7.3 CONSTITUTION
The Bill of Rights (Chapter 2 of the Constitution) is viewed as the cornerstone of de-
mocracy in South Africa and affords every person the right to equality, human dignity,
life, privacy and freedom and security of the person. However, section 36 of the Con-
stitution (also referred to as the limitation clause) provides for the limitation of these
rights to the extent that the limitation is reasonable and justifiable. It goes without saying
that you must keep in mind the suspect’s constitutional rights – as set out in section
35 of the Constitution. You must ask the person for an explanation and ensure that
the provisions of the judges’ rules are followed so that the accused is not prejudiced,
otherwise the court may find that the accused’s rights – in terms of section 35(5) of
the Constitution – were violated and it may therefore exclude the evidence, causing the
accused to be acquitted (Joubert 2010:22).

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Arrest is one of the more serious infringements of a person’s rights in terms of the
provisions of the Bill of Rights. Arrest is regarded as an administrative act. For that
reason you will be required to have applied your mind, because administrative law
requires these actions to be lawful, reasonable and procedurally fair (Joubert 2010:23).
This means that before arresting a person, the police official must inform the suspect
of the suspicion and give that person the opportunity to justify themselves before
deciding on the appropriate action (Joubert 2010:23). In practice, this means that you
should consider the reason for arresting the suspect. Is the crime serious enough to
warrant the arrest? Or are you just arresting the suspect because you can, or because
you want to prove a point, or because the suspect caused you problems and you want
to “get even” by arresting them? These are obviously only some of the issues that must
be considered before an arrest is made and you should realise that when a suspect has
been arrested, the judicial process has started and that you are now in a race against
time. The case will not be postponed indefinitely because, in terms of section 35(5) of
the Constitution, the accused has the right to a speedy trial. Arresting the suspect too
early in the investigation will mean that you are placing enormous pressure on yourself
by working to a deadline.

7.3.1 Arrested persons

Section 35 of the Constitution provides the following:

“35(1) Everyone who is arrested for allegedly committing an offence has the right –

(a) to remain silent;

(b) to be informed promptly –

(i) of the right to remain silent; and

(ii) of the consequences of not remaining silent;

(c)  ot to be compelled to make any confession or admission that could be used in

n
evidence against that person;
(d) to be brought before a court as soon as reasonably possible, but not later than

(i) 48 hours after the arrest; or

(ii) the end of the first court day after the expiry of the 48 hours, if the 48
hours expire outside ordinary court hours or on a day which is not an
ordinary court day;

(e) a t the first court appearance after being arrested, to be charged or be informed of
the reason for the detention to continue, or to be released; and

(f) to be released from detention if the interests of justice permit subject to reasonable
conditions.”

Note that the word “arrested” does not refer to suspected persons who have not yet
been arrested or whom you have not yet decided to arrest because the person has given
a credible explanation.

7.3.2 Detained persons

Section 35(2) becomes important because it deals with the rights of a detainee or sen-
tenced person.

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“35 (2) Everyone who is detained, including every sentenced prisoner, has the right – (a)
to be informed promptly of the reason for being detained;

(b) to choose, and consult with, a legal practitioner, and to be informed of this right
promptly;

(c) to have a legal practitioner assigned to the detained person by the state and at state
expense; if substantial injustice would otherwise result, and to be informed of this
right promptly;

(d) to challenge the lawfulness of the detention in person before a court and, if the
detention is unlawful, to be released;

(e) to conditions of detention that are consistent with human dignity, including at
least exercise and the provision, at state expense, of adequate accommodation,
nutrition, reading material and medical treatment; and

(f) to communicate with, and be visited by, that person’s –

(i) spouse or partner;

(ii) next of kin;
(iii) chosen religious counsellor; and
(iv) chosen medical practitioner.”

7.3.3 Accused persons

At the trial stage section, section 35(3) becomes relevant because if it is not complied
with, it may result in the suspect’s being acquitted (set free) on the grounds that their
constitutional rights were infringed.

“35(3) Every accused person has the right to a fair trial, which includes the right –

(a) to be informed of the charge with sufficient detail to answer it;

(b) to have adequate time and facilities to prepare a defence;
(c) to a public trial before an ordinary court;
(d) to have their trial begin and conclude without unreasonable delay;
(e) to be present while being tried;
(f) to choose, and be represented by, a legal practitioner, and to be informed of this
right promptly;
(g) to have a legal practitioner assigned to the accused person by the state and at state
expense, if substantial injustice would otherwise result, and to be informed of this
right promptly;
(h) to be presumed innocent, to remain silent, and not to testify during the proceedings;
(i) to adduce and challenge evidence;
(j) not to be compelled to give self-incriminating evidence;
(k) to be tried in a language that the accused person understands or, if that is not
practicable, to have the proceedings interpreted in that language;
(l) not to be convicted for an act or omission that was not an offence under either
national or international law at the time it was committed or omitted;
(m) not to be tried for an offence in respect of an act or omission for which that person
has previously been either acquitted or convicted;
(n) to the benefit of the least severe of the prescribed punishments if the prescribed
punishment for the offence has been changed between the time that the offence
was committed and the time of sentencing; and

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 Study unit 7 : Constitutional and administrative prescripts

(0) of appeal to, or review by, a higher court.

(4) W henever this section requires information to be given to a person, that informa-
tion must be given in a language that the person understands.

(5) Evidence obtained in a manner that violates any right in this Bill of Rights must
be excluded if the admission of that evidence would render the trial unfair or
otherwise be detrimental to the administration of justice.”

The provisions of section 35 of the Constitution are very clear and you must interpret
them strictly – which means that when you interpret the meaning of words, they must
be given their normal meaning. You cannot say that you thought that the provisions
meant something different.

SELF-ASSESSMENT ACTIVITY 7.2

Time for activity: 120 minutes

Scenario 1

You are the investigator in a major theft investigation. There is evidence suggest-
ing that the suspect, Joe Marais, is responsible for multiple theft cases reported
at the Menlyn Shopping Centre. You have linked him to the thefts and obtained
a warrant for his arrest. Two days later, you apprehend Joe Marais by executing
the warrant of arrest.

List Joe Marais’ rights in terms of section 35(1) of the Constitution of which
you need to inform him.

Scenario 2

You are busy with a bail application in a housebreaking case where Thabo
Siako is charged with 11 cases of housebreaking. You are warned by the public
prosecutor to expedite your investigation as the cases have now been remanded
for the fourth time, with Thabo Siako remaining in custody because you have
not come to court prepared.

List Thabo Siako’s rights in terms of section 35(3) of the Constitution that
you need to consider.

Feedback and suggested solutions to self-assessment activity 7.2 will be provided on

the online discussion forum and in follow-up tutorial letters.

7.4 SUMMARY
The constitutional framework should always be borne in mind during every aspect of
forensic investigation and should guide investigative decision making. Section 35(5) of
the Constitution clearly indicates that evidence obtained in a way that violates any right
in the Bill of Rights will be deemed inadmissible. Finally, whenever you interact with
suspected, arrested, detained and accused persons, consider the following questions
before, during and after your investigation:

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• Am I acting within the mandate and legislative framework of my profession?

• Have I considered and applied the judges’ rules before questioning a person who is
under suspicion?
• Are my actions reasonable and justifiable as required by the Constitution?
• Am I following the prescribed procedures for evidence collection, search and seizure
and arrest?
• Have I informed a person of their Constitutional Rights in terms of section 35(1),
(2) and (3)?

In this unit we discussed the judges’ rules and section 35(1), (2) and (3) of the Consti-
tution as fundamental considerations whenever you interact with suspected, arrested,
detained and accused persons. In unit 8 you will learn about crime scene management.

SELF-ASSESSMENT QUESTIONS
Time for self-assessment: 90 minutes

To test and evaluate your knowledge of this unit, complete the following activities:

Make sure you have mastered the key concepts that were listed at the start of the unit
by making brief notes so that the meaning of each term is clear.

Answer the following self-assessment questions:

• What are the judges’ rules?

• How and when should you use the judges’ rules in a practical situation?
• What does section 35(1), (2) and (3) of the Constitution entail?
• What is the importance of the judges’ rules and section 35 of the Constitution when
interacting with suspected, arrested, detained and accused persons?

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CONTENTS
 Page
Study unit 8: Crime scene management 82
8.1 Introduction 82
8.2 What is a crime scene?  83
8.3 Initial actions of an investigator upon receiving a report of a crime or incident 85
8.4 Assessing and entering a crime scene 85
8.5 Evidence found at a crime scene 85
8.6 Protecting a crime scene 86
8.7 Continuity of possession (chain of evidence) 86
8.8 Record-keeping at a scene of crime/incident 87
8.9 Note taking 87
8.10 Characteristics of the content of notes 89
8.11 Sketch plans of the crime scene 89
8.12 Summary 90

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9 STUDY UNIT 8
8 Crime scene management

8.1 INTRODUCTION
The topic of crime scene management will be dealt with in depth during the second
year of this subject. In the first year (this module), we will discuss some basic principles
that are important to you as a forensic crime investigator. These principles have evolved
over many years and are accepted internationally as standard operating procedure in
almost every investigation agency, institution, organisation, department or entity that
deals with investigation. Specific guidelines are applicable to different areas of special-
ised investigation. In this module, our focus will be on some generic principles, without
detailed discussion. Since all crime scenes differ, there can be no hard and fast rules
about what action to take at the scene. There are, nevertheless, basic guidelines that can
be followed to ensure that the scene is processed optimally and all relevant information
gathered. Every crime scene, irrespective of its size, location or the importance of the
crime or incident that occurred, must be approached cautiously and carefully with a plan
on how to process it effectively. A “scene of incident” is a more accepted term used in
the corporate environment, as not all scenes are the result of a crime being commit-
ted. Remember that as an investigator, you are not expected to be able to perform all
the required functions associated with a crime scene or scene of incident. In modern
law enforcement environments the investigator seldom gathers physical evidence. This
function is usually carried out by crime scene specialists. Usually, the investigator acts
as the crime scene manager, and receives the results of the evidence gathered at the
scene from these specialists. The investigator then prepares an investigation file (a police
investigator prepares a case docket) in which the efforts and results of the investigation
are reflected. Evidence obtained during the investigation, which includes statements,
reports, physical evidence collected and analysed, photographs and notes, is then filed
in the file or docket. Remember that the correct actions taken at a crime scene or scene
of incident lay the foundation for success.

OUTCOMES
After completing this unit, you should be able to

• Explain the importance of crime scene management

• Distinguish between the concepts “crime scene” and “scene of incident”
• Explain the decisions made before, during and after attending to a crime scene or
scene of incident on the basis of a practical scenario
• Explain the importance of record keeping and note taking at a crime scene or scene
of incident

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 Study unit 8 : Crime scene management

Unit 1 Unit 6
the investigation Statements practical
considerations

Unit 2 Unit 7
the investigative process Constitutional and
administrative prescripts
Unit 3
basic concepts in the Unit 8
investigative process Crime scene management
Unit 4
Information Unit 9
Testimony by the
Unit 5 investigator
Statements theory

FIGURE 8.1
How are we progressing?

TIME REQUIRED FOR UNIT 8

This unit will require approximately 13 hours.

KEY TERMS AND CONCEPTS

You will need to master the following key concepts in order to achieve the learning
outcomes for this unit:

• Crime scene
• Note taking
• Locard’s exchange principle
• Continuity of possession

8.2 WHAT IS A CRIME SCENE?

In this module, we will use the term “crime scene” as an operational term which refers
to the place where a crime was committed or an incident occurred. However, it is vital
to remember that in forensic investigation, an enquiry may not only relate to criminal
cases, but may also include civil cases, corporate investigations and disciplinary cases
(Van der Watt 2014). For this reason the term “scene of incident” will be used inter-
changeably with “crime scene”, especially when referring to the corporate environment.
The focus of an investigator’s efforts at the scene of the crime is to gather and protect
information and evidence. The information and evidence can be used to reconstruct
the scene and answer the all-important question: what happened? The information and
evidence found at the crime scene may later serve as factual evidence and eventually
proof before a court of law. The crime scene is usually the starting point of an investiga-
tion. As crime investigation focuses on a search for the truth, the collection of evidence

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stands central to it. This evidence is usually obtained from the physical place where the
crime or incident occurred, the victim (if the crime or incident incorporates a person),
or the perpetrator of a crime.

Examples of these are the following:

• Physical place – a fingerprint left behind at a crime scene by a burglar (remember

the locard principle)
• Victim – where a victim was assaulted, the injuries sustained by that person
(photographs of the injuries)
• Perpetrator – in a sexual offence the perpetrator may have hair of the victim on
their body
• Clues (physical evidence) are usually found at a crime scene or scene of incident which
may help you to solve a case. The following considerations apply to an investigator
when dealing with a crime scene or scene of incident:
• You must know what to search for – do you know the elements of the crime you are
investigating, what is needed and relevant to prove a case?
• You must know how to search – how do you approach the scene and do you have
the expertise to search for the specific evidence material?
• You must know how to identify and collect evidence – this may be a highly specialised
field and is usually conducted by specific personnel trained in that field.
• All relevant actions and evidence collected at a crime scene need to be processed
into statements and reports.

In its physical form, a crime scene or scene of incident may include a person, place or
premises (including vehicles, boats or aircraft) where some physical action has occurred
and transference of evidential material has likely taken place (Trueman 2009:28). On
the other hand, implicit or hidden incident scenes are synonymous with crimes such as
money laundering, extortion, certain types of fraud and, especially, computer-related
crimes. Hidden or implicit incident scenes can include online “chat rooms” used by
employees which bear evidence of collusion, racial slurs, threats or sexual harassment
(Van der Watt 2014). Furthermore, Genge (2004:201-202) highlights that incident
scenes associated with computers are complicated by the transient nature of electronic
evidence, the speed of information transit, the possibility of sophisticated encryption
and the anonymity available to users. Crime scenes or incident scenes can therefore
take various forms and manifest in different shapes and sizes. Irrespective of how
such a scene presents itself, information must be gathered for the purpose of analysis,
interpretation and individualisation (Van der Watt 2014).

SELF-ASSESSMENT ACTIVITY 8.1

Time for activity: 30 minutes

Consider the concepts “crime scene” and “scene of incident”. Is there a differ-
ence between the two concepts? List three examples of each.

Feedback and suggested solutions to self-assessment activity 8.1 will be provided on

the online discussion forum and in follow-up tutorial letters.

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 Study unit 8 : Crime scene management

8.3 INITIAL ACTIONS OF AN INVESTIGATOR UPON

RECEIVING A REPORT OF A CRIME OR INCIDENT
When you receive a report of a crime or incident and are instructed to attend to it, you
need to do the following before attending to the relevant scene:

• Obtain the name, address, contact details and capacity of the person reporting the
incident.
• Determine what crime was committed or what incident occurred and obtain as much
information as possible, as this will enable you to approach it correctly from the outset.
• Have sufficient stationery such as relevant documentation, paper and pens available.
• Have sufficient resources and equipment available, i.e. forensic bags and packaging
material, gloves and protective gear, handcuffs, torch, additional battery capacity
for cellular and radio communication, GPS or map book.
• Have the relevant standby lists and contact details of relevant experts and aides
available.
• Determine the location of the scene and the type of premises.
• Establish who are involved, i.e. perpetrators, witnesses and victims. Is the scene
dangerous and must additional help be called in; do victims require medical assistance?
• What is your mandate – is the scene the responsibility of the police? Are you allowed
to be there and to conduct an investigation?

8.4 ASSESSING AND ENTERING A CRIME SCENE

Before you start with the actual physical investigation of a crime scene, you should
study the scene holistically from the best possible position. From this position, you
should be able to formulate a plan on how to best approach and investigate it. Only then
should you start the actual investigation. When entering the scene, you must proceed
with extreme caution and concentrate on the vast array of possible evidence that you
might find. This will obviously depend on the type of crime or incident that you are
investigating. Don’t assume anything. Note important details, record everything and be
curious about every object found at the scene. Ask yourself whether it should be there,
what it signifies and whether it has any evidential value to the case in hand. Record
everything; you may later return to objects which did not seem important at the time,
but later on prove to be important. Also record how you proceed through the scene
and of everybody who enters or leaves the scene. If properly recorded and processed,
their evidential value will probably still be intact. Walk very carefully through the crime
scene. This will give you an idea of what it looks like and ensure that you are in a posi-
tion to identify and protect relevant physical evidence (objects and physical traces). This
walk-through will also help you to determine the boundaries of the crime scene. Don’t
step on footprints or move anything. Don’t wander around aimlessly – identify routes
or walkways and stick to them.

8.5 EVIDENCE FOUND AT A CRIME SCENE

In general, people are very curious when coming across or observing the actions of
those responding to a crime scene. This curiosity can result in people trampling a crime
scene and in the process destroying, damaging or contaminating evidence. Fingerprints,
footprints, palm prints, knee prints, hair, fibres, clothing, broken glass, handwriting, tool
marks, saliva, paint smudges, blood, semen and weapons are all examples of physical
trace evidence that can be found at a crime scene or scene of incident. (Trace means a
very small quantity.) Every piece of evidence found at a crime scene should be regarded

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as relevant until proven otherwise. Some pieces of evidence are obviously significant
– for example, a firearm found on the scene of a shooting. Identifying, gathering and
preserving the integrity of physical evidence is your responsibility from the time the
evidence is discovered until the time it is presented at a relevant trial or tribunal. Pres-
ervation implies keeping the evidence in its original state, so that it is not being altered,
tampered with, contaminated, lost or damaged. Preserving the integrity of evidence at
the crime scene means that it must not become contaminated.

There are a number of things that you as an investigator should not do on a crime scene:

• Do not touch or pick up any object unnecessarily.

• Do not use a telephone or cellphone found at the scene.
• Do not smoke, drink or eat at the scene.
• Do not use any facilities such as a toilet.
• Do not allow suspects, witnesses or any other unauthorised people at the scene.

8.6 PROTECTING A CRIME SCENE

Van der Watt (2014) highlights that cordoning off the scene of incident is essential to
the forensic investigation process and, more specifically, the continuum of evidence
preservation. A well-cordoned-off scene creates an impression of professionalism
and competency. On the other hand, a scene of incident that is not cordoned off usu-
ally displays a lack of control and proficiency on the part of investigators and respond-
ing personnel. The first official arriving at a crime scene is responsible for protecting
it. This is usually done by cordoning it off and restricting access to it. Note that the
boundaries of the cordon must be adequate to ensure that undiscovered physical clues
and impressions are protected. According to Van der Watt (2014), corporate incident
scenes within an office block may be cordoned off by evacuating the relevant section
of the building or merely limiting access by closing an office door. The cordon should
not be removed until all objects and anything with evidential value have been located,
sketched, photographed, identified, marked, labelled and removed.

8.7 CONTINUITY OF POSSESSION (CHAIN OF

EVIDENCE)
The continuous safekeeping of physical evidence (objects) is extremely important when
conducting investigations. This process starts at the scene of a crime when an object
(clue/exhibit) is found, and ends when the object is accepted as proof in any formal
proceeding stemming from that investigation. You, as the investigator, must prove that
the integrity of an object that is tendered as an exhibit is intact. This means that the
article has not become contaminated through contact with other articles. The handling
of physical evidence may be subject to scrutiny or critical evaluation during a criminal
trial or other proceeding. The chain of evidence starts at the crime scene and ends in
court or other proceeding, so physical evidence must be handled with care.

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 Study unit 8 : Crime scene management

SELF-ASSESSMENT ACTIVITY 8.2

Time for activity: 60 minutes

You are tasked with an investigation where two company vehicles were stolen
from the basement parking area. The two parking bays where the vehicles
were parked are adjacent to one another. At the scene you find pieces of glass,
a hammer, an empty briefcase and an identity document which belongs to one
of the maintenance personnel. It is 07:00 in the morning and the employees of
the company are beginning to arrive at work. They use the basement parking
area where you are about to start your investigation. Elaborate in detail as to
how you will respond to this crime scene.

Feedback and suggested solutions to self-assessment activity 8.2 will be provided on

the online discussion forum and in follow-up tutorial letters.

8.8 RECORD-KEEPING AT A SCENE OF CRIME/INCIDENT

Always record everything of relevance or interest when conducting an investigation.
This is especially relevant when conducting a crime scene investigation, collecting evi-
dence, interviewing witnesses or interrogating suspects. Information is usually recorded
in written format in a pocket book, notebook or on a pad. Police investigators are is-
sued with official pocket books, and investigators in the private sector usually record
information in notebooks or on writing pads. Information that is recorded must be an
accurate and factual account of the facts as observed by the investigator and must be
retained for future use. When collecting information or evidence, remember to write
down everything you see, hear and do. Once you have completed the investigation,
you will have to compile a report or write a statement. Notes are short descriptions or
records of everything you observe and do. Often investigators consider making notes as
a boring and unnecessary activity; in fact it is totally the opposite. Notes are a memory
aid; without them you will definitely forget some of the details. Remember that a case
can be delayed for years before being finalised. Your notes may just be your only source
of memory. The use of notes will also increase your credibility as an investigator. Re-
member to never destroy your original notes, even if you think you will remember the
facts or have recorded them elsewhere.

8.9 NOTE TAKING

Remember, the more complete and accurate your notes are, the better the quality of your
investigation, evidence and testimony. Notes should be accurate, specific, factual, clear
and well organised. Detailed, organised and understandable notes describe something
to people who were not there and present a reliable view of the actual situation. It is
very important to know what you should record in your notes. As you become more
experienced as an investigator, you will become better at it. There is no substitute for
experience. Investigations and crime scenes differ, and each time you conduct another
investigation or attend a crime scene, you become more experienced and therefore more
proficient in what you do. Always anchor every entry – that means start with a date,
time and place. You then start to describe everything that happened in chronological
order: what you observed and who told you what.

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The following table serves as a guideline when making notes:

Table 8.1: Guidelines when making notes at an incident

Question Content
When When did the incident happen?

When was it discovered?

When did you arrive at the scene?

When were the witnesses and suspects interviewed?

Where Where did it happen?

Where do the suspects and witnesses live?

Who Who are the suspects?

Who reported the crime?

Who are the witnesses?

Who is the victim?

What What type of crime was committed?

What damage was caused?

How How was the crime committed?

How was the crime discovered?

How did the intruder gain entry?

Why Why was the crime committed?

Why was the particular time selected to commit the crime?

To summarise:

• “Who” concerns information about people involved in the crime or incident.

• “What” concerns property, objects and articles that are involved.
• “Where” concerns a specific place (such as the crime scene and the location of stolen
property and physical evidence).

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 Study unit 8 : Crime scene management

• “When” concerns dates and times.

• “How” concerns the modus operandi of the offender.
• “Why” concerns the motive of the offender – why they committed the crime.

8.10 CHARACTERISTICS OF THE CONTENT OF NOTES

Saferstein (1981:35) highlights the following key characteristics of the content of notes:

• Record everything in chronological order.

• Record in detail, step by step, each and every action you have taken.
• Include a detailed written description of the scene, including the location of items
of physical evidence recovered.
• Specify the date and time when the crime was first reported or detected.
• Specify the type of crime.
• Identify the location of the crime scene and give a brief description of the area.
• Mention surrounding houses or buildings, numbers of rooms, windows, terrain,
types of plants, soil and animals (as they can contaminate a scene).
• Describe the event that led to the investigation.
• Note the names of all investigators, police officers, witnesses, investigators and, if
applicable, special personnel at the crime scene.
• Note the names of the persons who conducted the crime scene search, took the
photographs and made the sketches.
• Describe the weather and lighting conditions at the time of the investigation.
• Specify the date and time when the crime scene investigation was concluded.
• Self-assessment activity 8.3

SELF-ASSESSMENT ACTIVITY 8.3

Time for activity 45 minutes

Go to online discussion forum 8.3 and discuss five reasons why you, as an inves-
tigator, need to keep an accurate record of your daily activities. In what format
do you capture the information? When required to provide an accurate account
of an investigation you conducted two years ago, will you be able to do it?

Feedback and suggested solutions to self-assessment activity 8.3 will be provided on

the online discussion forum and in follow-up tutorial letters.

8.11 SKETCH PLANS OF THE CRIME SCENE

Photographs or video recordings alone are not sufficient for recording a crime scene.
Sketches of the crime scene should also be made. They should be used to complement
the photographs or video recording to depict the crime scene fully. A sketch clarifies
the appearance of a crime scene and provides a holistic view of what happened.

A sketch provides the following information:

• It portrays the physical facts.

• It provides information on how things happened.
• It indicates the location of objects at the scene.
• It provides a mental picture for those who were not present.
• It is a permanent record of the scene.
• It is helpful in preparing the investigation report.

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 The following information should accompany a sketch:

• details of the official who drafted the sketch

• location of the scene
• date and time that the sketch was drafted
• weather and lighting conditions
• any other factors which could prove to be important at a later stage

8.12 SUMMARY
Consider the following handy hints by Van der Watt (2014) when attending to a crime
scene or scene of incident: C-R-I-M-E S-C-E-N-E

C: CAUTION! YOU ONLY GET TO DO THIS ONCE!

R: Record everything by using available resources, aides and experts

I: Integrity of evidence at the scene must be maintained

M: Modus operandi, Who? What? When? Where? Why? and How?

E: Eliminate preconceived ideas and focus on facts

S: Systematic process and procedures

C: Chain of custody and preservation

E: Extensive notes on all aspects of the investigation

N: Never assume

E: Evaluate the process by retracing your steps

Always consider that your actions at a crime scene or scene of incident fundamentally
contribute to how the entire prosecution process unfolds. Furthermore, the subsequent
trial or relevant proceedings during which the evidence will be presented is not the
most welcoming environment. Your actions will be scrutinised and any negligent act
or omission will be used by the defence in an attempt to damage your credibility. In
this unit we once again highlighted the systematic and organised nature of forensic
investigation and provided a number of practical hints and best practices for ensuring
professional conduct at a crime scene or scene of incident.

In this unit we explained the importance of crime scene management. We studied the
concepts “crime scene” and “scene of incident”. You learnt about record keeping and
note taking at a crime scene or scene of incident. In unit 9 we will briefly discuss the
aspect of testimony as something that every forensic investigator should be prepared
to do when called upon.

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 Study unit 8 : Crime scene management

SELF-ASSESSMENT QUESTIONS
Time for self-assessment: 120 minutes

To test and evaluate your knowledge of this unit, complete the following activities:

Make sure you have mastered the key concepts that were listed at the start of the unit
by making brief notes so that the meaning of each term is clear.

Answer the following self-assessment questions:

• Why is crime scene management important?

• What is the difference between a crime scene and a scene of incident?
• What decisions will you need to make before, during and after attending to a crime
scene or scene of incident?
• Why should you keep records and take notes at a crime scene or scene of incident?

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CONTENTS
 Page
Study unit 9: Testimony by the investigator 93
9.1 Introduction 93
9.2 Conduct in court 94
9.3 Notes 94
9.4 Summary 95

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10 STUDY UNIT 9

9 Testimony by the investigator

9.1 INTRODUCTION
The ability to testify is one of the most important skills that you can have as an inves-
tigator. It is your primary responsibility to gather and correctly process information
gathered at a crime scene and during the course of an investigation. For this informa-
tion to be accepted as evidence in a court of law, you must be able to testify about your
actions and the evidence you collected. This testimony may be subjected to scrutiny
and cross-examination by the court and defence council.

OUTCOMES
After completing this unit, you should be able to

explain what it means for investigators to conduct themselves professionally in a court

or relevant tribunal

explain the requirements that must be met when an investigator uses notes while
testifying in court

Unit 1 Unit 6
the investigation Statements practical
considerations

Unit 2 Unit 7
the investigative process Constitutional and
administrative prescripts
Unit 3
basic concepts in the Unit 8
investigative process Crime scene management
Unit 4
Information Unit 9
Testimony by the
Unit 5 investigator
Statements theory

FIGURE 9.1
How are we progressing?

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 TIME REQUIRED FOR UNIT 9
This unit will require approximately 12 hours.

KEY TERMS AND CONCEPTS

You will need to master the following key concepts in order to achieve the learning
outcomes for this unit:

• Conduct in court
• Notes

9.2 CONDUCT IN COURT

Testifying in court usually presents an intimidating challenge to the average person,
including the experienced investigator. No matter what the crime is that is being pros-
ecuted in court or the relevant tribunal, the defence will almost always try to attack
the integrity of the investigator. Every aspect of your total investigation effort will be
scrutinised; knowing that you have done your work well will definitely give you more
confidence when your actions and investigative decisions are examined. Even the best
defence counsel cannot intimidate a witness who has done their work thoroughly.

There are a number of aspects that you should consider which will help you to better
prepare yourself for court testimony:

• Do not exaggerate evidence to ensure an accused’s guilt – tell the truth and just the
truth.
• Never become angry, no matter what allegations are levelled against you.
• Retain your composure, stay calm and always be professional.
• Listen carefully to each question and make sure you understand it before answering.
• If you do not understand a question, ask for it to be repeated.
• Be prepared for court – know your case facts, be early and bring along your notebook
or pocket book relevant to the case on which you have to testify.
• Be dressed for the occasion and adopt an assured and professional manner.
• Refresh your memory from notes and your statement before testifying.

9.3 NOTES
Notes, photographs, sketches and other recorded information are used to compile a state-
ment relevant to an investigation. Often this material forms part of a witness statement
and is handed in as evidence by an investigator when testifying in a court. A witness
is allowed to use investigation notes when testifying. This is a tremendous advantage
to you, the investigator, as it is very difficult to remember detailed information after a
long period of time, especially if you deal with a number of investigations.

There are a number of requirements that must be met when you use notes while testi-
fying in court:

• You must have written the notes yourself at the time of the incident or as soon as
possible afterwards. Remember that you cannot use notes compiled by someone
else.
• You must be in possession of the original notes. If the originals are lost or destroyed,
a copy of them may be used.
• You must be prepared to place the notes at the disposal of the court.
• The notes must be made available to the defence upon request.

94
 Study unit 9 : Testimony by the investigator

SELF-ASSESSMENT ACTIVITY 9.1

Time for activity: 60 minutes

Go to online discussion forum 9.1 and discuss the importance of a professional

and confident appearance by an investigator who is about to testify at a trial or
tribunal. Do you consider this to be important? Provide reasons for your answers.

Feedback and suggested solutions to self-assessment activity 9.1 will be provided on

the online discussion forum and in follow-up tutorial letters.

9.4 SUMMARY
When you testify about an investigation that you have conducted into a specific matter
or crime, you must have a sound working knowledge of what has to be proved regarding
the offence that was committed. If you investigate a crime, you must know the elements
that make up that crime. You are allowed to testify in the language in which you are best
able to express yourself. Remember that if you interviewed a witness or interrogated a
suspect in another language, your command and understanding of that language may
be tested. In court, the presiding officer should always be the person who is addressed.
You look at a person who addresses you or asks a question, but direct your answers at
the presiding officer.

In the closing unit of this module we briefly studied what it means for investigators
to conduct themselves professionally in a court or relevant tribunal. We also listed the
requirements that must be met when an investigator uses notes while testifying in court.

SELF-ASSESSMENT QUESTIONS
Time for self-assessment: 30 minutes

To test and evaluate your knowledge of this unit, complete the following activities:

Make sure you have mastered the key concepts that were listed at the start of the unit
by making brief notes so that the meaning of each term is clear.

Answer the following self-assessment questions:

• How should you conduct yourself professionally in a court or relevant tribunal?

• What are the requirements that must be met when you use notes while testifying
in court?

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Coetzee, I. 1983. Statutory offences. Mobeni: Drakensberg.
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der Westhuizen. Johannesburg: Heinemann.
Genge, NE. 2004. The forensic casebook: the science of crime scene investigation.
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Gordon, N & Fleisher, W. 2010. Effective interviewing and interrogation techniques.
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Goss, P. 2015. The forensic investigation process: step-by step guide for conducting
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Gunter, WD & Hertig, CA. 2005. An introduction to theory, practice and career
development for public and private investigators. International Foundation for
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cessed on 21 January 2006].
Joubert, C. 2001. Applied law for police officials. Cape Town: Juta.
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Locard, E. 1934. La police et les methodes scientifiques. Paris: Les Editions Rieder.
Lochner, HT. 2014. Taking effective witness statements. Cape Town: Juta.
Marais, CW. 1992. Physical evidence in crime investigation. Pretoria: Henmar.
Miller, MT. 2009. Crime scene investigation, in Forensic science: an introduction to
scientific and investigative techniques, edited by SH James & JJ Nordby. 3rd ed.
Boca Raton: CRC Press.
Mohamed, N & Pauleen, DJ. 2005. Cognition, quantum skills, and knowledge manage-
ment in the criminal investigation process: a conceptual model. Paper delivered
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government, business, academia and the community Wellington, New Zealand,
28-29 November 2005.
Ogle, RR. 2012. Crime scene investigation and reconstruction. 3rd ed. Boston:
Prentice Hall.
Saferstein, R. 1981. Criminalistics: an introduction to forensic science. New Jersey:
Prentice Hall.
South Africa. 1959. Stock Theft Act 57 of 1959. Pretoria: Government Printer.
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South Africa. 2001. Private Security Industry Regulation Act 56 of 2001. Pretoria:
Government Printer.
South African Pocket Oxford Dictionary. 2002a. 3rd ed. s.v. “affidavit”. Cape Town:
Oxford University Press.
South African Pocket Oxford Dictionary. 2002b. 3rd ed. s.v. “statement”. Cape Town:
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South African Pocket Oxford Dictionary. 2002c. 3rd ed. s.v. “testimony”. Cape Town:
Oxford University Press.
Stelfox, P. 2009. Criminal investigation: an introduction to principles and practice.
Cullompton, UK: Willan.
Swanson, R, Chamelin, NC & Territo, L. 1977. Crime investigation. Santa Monica:
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Technikon SA. 2001. Investigation of Crime I: Study Guide for OVM151RE.
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Trueman, K. 2009. First officer attending, in Crime scene management: scene specific
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Van der Watt, M. 2014. The preliminary investigation phase, in Forensic investigation:
legislative principles and scientific practices, edited by R Zinn & S Dintwe.
Cape Town: Juta.
Van der Westhuizen, J. (ed.) 1996. Forensic criminalistics. Johannesburg: Heinemann.
Van Niekerk, M & Lochner, HT. 2014. The further investigation phase, in Forensic
investigation: legislative principles and scientific practices, edited by R Zinn &
S Dintwe. Cape Town: Juta.
Van Rooyen, HJN. 2001. Practical guide for private investigators. Pretoria, Wierdapark:
Henmar.
Van Rooyen, HJN. 2004. Investigation – the A-Z guide. Pretoria: Crime Solve.
Case Law
S v Botha and Others (1) 1995 (2) SACR 598 (WLD).

EXAMPLES OF STATEMENTS
Statement by a complainant

PRETORIA CENTRAL CAS 123/04/2021

Mr Pieter MAIMELA

States in English under oath

I am an adult black male. I am an English-speaking South African citizen aged 42 years.

My identity number is 700515 5080 089. I reside at 1 Vista Complex, 2nd Avenue, Riet-
vallei, Pretoria. It is a private home in a security complex. My next of kin is my brother
Joseph Phillip Maimela who resides at 591 White Street, Meyerspark, Pretoria (telephone
012 331 4310). My home telephone number is 012 335 6789 and my cellphone number
is 078 123 4567. I am employed by APB Interventions as a nuclear scientist at Plot 57,
Pelindaba, district of Pretoria. My personnel number is 345. My telephone number at work
is 012 555 8798. I am married to Eleanor Francis Maimela (née White) (née indicates her
maiden name) who is employed as a receptionist at Consul Glass Works, 123 Industrial
Township, Pretoria, telephone 012 664 5678, and cellphone number 079 125 4789. We

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 have one child, a girl named Chantal, who is a Grade 11 scholar at St Albans College in
Lynnwood, Pretoria. (You can add as much detail as you think necessary here.)

On Sunday 8 April 2012, at about 07:00 I left my house at the above address to go to
work. I was the last person to leave the house. Before I left, I made sure that all the
doors were closed and locked and that all the windows were properly closed and secured.
When I left the house, everything was in order. (This proves firstly that the structure
is a house and that it therefore meets the requirement set out in the definition, and
secondly, that the house was properly secured and that the only way in which access
could be gained was by breaking in.)

On the same day at about 14:30, while I was at work, I received a telephone call from
the security guard at the complex, Mr Johannes Gerbrand van der Walt, informing me
that my house had been broken into. Mr Van der Walt is employed by Protex Security
Company, which provides security services at the complex. His telephone number is
012 456 7867.

I immediately returned to my house. When I arrived there at about 15:00, I inspected

the property. I found that the front door of my house had been broken open and was
standing wide open. I inspected the door and found that it had been forced open with
an instrument which I suspect to be a crowbar. I then entered the house. (This proves
that the house had been broken open.)

I entered the house and inspected all the rooms. When I entered the study on the ground
floor, next to the entrance hall, I discovered that a specialised medical chair that was in
the study when I left the house that morning was missing. I searched the rest of the house
but could not find anything else missing. I did find a steel crowbar that does not belong
to me lying on the floor of the study and suspect that this was used to break open the
front door. (This proves that someone had broken open the house and had entered it.)

The chair is a “Medicos” model A7000 chair with serial number ASD 1234-0098-ZA.
It is 1.8 m in length, 1.1 m wide and approximately 1.3 m in height. The chair has the
serial number engraved at the bottom of the footrest. I attach a copy of the owner’s
manual which shows a photograph of the chair. See annexure A. (Remember that all
articles must be fully and comprehensively described. If a photograph or an illustration
of the stolen article can be obtained, it will make the work of the investigator much
easier because they do not know what the item looks like, and they will be expected to
identify it when discovered. This paragraph proves that certain items had been stolen.)

The value of the chair is R125 000. I will be able to identify my chair. I am insured with
Auto and General Insurance Company, policy number 12345k67.

I do not suspect any person. I did not give any person the right to break open my house,
to enter it or to remove anything from it. I desire police investigation into the matter.
(This proves that the complainant did not give permission for his house to be broken
into and property to be taken – it is an important point to include because “permission”
may be a valid defence by the accused.)

I know and understand the content of this declaration.

I have/do not have any objection to taking the prescribed oath.

I consider the prescribed oath to be binding/not binding on my conscience.

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 References

The contents of this declaration are true, so help me God. (If the deponent has a reli-
gious objection, or is not of the Christian faith, the words that are not applicable are to
be deleted and initialled and dated in the margin by both parties.)

DEPONENT’S SIGNATURE
I certify that the deponent has acknowledged that he/she knows and understands the
contents of this declaration. This declaration was sworn/affirmed to by me and the
deponent’s signature/mark/thumbprint affixed hereto in my presence at

........................................................... (place) on ........................................................... (date)

at ........................................................... (time).

SIGNATURE OF MEMBER TAKING STATEMENT

COMMISSIONER OF OATHS, REPUBLIC OF SOUTH AFRICA

EX OFFICIO MEMBER OF SAPS (or other appointment)

FULL FIRST AND LAST NAMES AS WELL AS FULL STREET ADDRESS

RANK (if member of SAPS or other appointment)

Statement by a witness

PRETORIA CENTRAL CAS 123/12/ 2021

Mr Johannes Gerbrand VAN DER WALT Solemnly states in English:

I am an adult white male. I am an Afrikaans-speaking South African citizen aged 41

years. My ID number is 710809 5910 087. I reside at number 9 Villa Flats, Main Road,
Eldoraigne, Pretoria, which is my property. My home telephone number is 012 555 6785
and my cellphone number is 076 333 8796. I am a security guard in the employ of Protex
Security Company, 345 Suiden Street, Valley View, Midrand. My PERSAL number is
9087. My office telephone number is 011 456 7867. I provide general access control and
security services at the security complex known as Vista Complex which is situated at
2nd Avenue, Rietvallei, Pretoria. My next of kin is my sister Mrs Joleen Susan Marx
who resides at 76 Rossmund Avenue, Woodhill, Pretoria, telephone 012 991 8974. (Bear
in mind that employees can easily relocate and that you may need the next of kin to
trace them.)

I know Mr Pieter Maimela. He is a resident of the complex where I am employed.

On Sunday 2008-04-08 at about 14:00 I was on duty at the complex. I was responsible
for access control at the complex. There is only one entrance/exit to the complex. It is
security fenced and all entries and exits are through this gate.

While I was on duty, a green Mazda bakkie approached me from the outside of the com-
plex. It stopped at the boom and I approached the driver to determine what he wanted.
I saw that there were two white males in the bakkie. They were dressed in blue overalls
and spoke to me in Afrikaans. The driver was about 40 years of age and wore a blue
cap. He had a brown moustache and wore silver spectacles. Due to the cap I could not
see the colour of his hair. He had a scar on the right side of his cheek which I could see
clearly. The other occupant was a youth of about 15 years. He was blond-haired and

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 wore sunglasses. It was clear that his nose had been broken as it was flat and skew to
one side. He had a distinct stutter when he spoke. (This person is an eyewitness and
can identify the suspects. He must give a full description of them.)

I asked the driver what he wanted and he informed me that they had been sent to col-
lect a chair from Mr Maimela for repairs. I was satisfied with the answer and handed
the driver a clipboard with the access control forms and asked him to complete it. I
watched him as he completed it in his own handwriting. He gave his name as Mr Jim
Fish and his address as 10 Ames Road, Valhalla, Pretoria, telephone 012 345 0980. He
entered his ID number as 681212 5014 085.

He then returned the access control form to me and I noted the particulars of the
vehicle as follows:

Make: Mazda bakkie

Model: 2001 B2500

Registration: ZFG 000 GP

Colour: Green

It had a pair of Hella spotlights mounted on the front bumper, with silver magnesium
wheels. It did not have a canopy. The rear was empty.

I then allowed them access to the complex and lost sight of the vehicle as it turned to
the right in the complex. I then checked the video and made sure that it had recorded
the incident. I had activated the video camera when the vehicle approached the gate
and it recorded everything that had taken place. No one else except me handled the
equipment and I removed the cassette afterwards and kept it safe in a locked drawer
to which only I have the key. I hereby hand the cassette, marked JGW 1, as well as the
clipboard, over to the police. I also hand over the original of the access control sheet
of which a copy is attached as annexure A.

On the same day at about 14:15 I was on bicycle patrol in the complex and was going past
the house of Mr Maimela at 1 Vista Complex. As I rode past the house, I saw the same
green Mazda vehicle parked in the driveway next to the house. The two occupants of
the vehicle were in the process of loading a large black chair onto the back of the vehi-
cle. I did not find it strange and then returned to the main gate to relieve my colleague.

While I was on duty at the gate, at about 14:30 on 2008-04-08, the same vehicle ap-
proached me to go out of the complex. They had to stop at the gate. When it had stopped,
I inspected it. I found a large black chair on the back. The driver then told me that
this was the chair they had come to collect for repairs. I opened the gate and they left.

On 2008-04-08 at about 14:45 I was on patrol again and rode past Mr Maimela’s house
at 1 Vista Complex. When I passed the house, I saw that the front door was standing
open. I went to investigate and discovered that it had been broken open. I made sure
that there was nobody inside and telephoned Mr Maimela and informed him of what I
had found. Mr Maimela arrived a short while later and confirmed to me that the chair
had in fact been stolen.

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I will be able to identify the two persons.

I know and understand the contents of this declaration.

I have a religious objection to taking the prescribed oath.

I do not consider the prescribed oath to be binding on my conscience.

I solemnly affirm the contents of this declaration to be true.

■ ..........................................................................................................................................................

SIGNATURE OF DEPONENT
I certify that the deponent has acknowledged that he/she knows and understands the
contents of this declaration. This declaration was affirmed to by me and the deponent’s
signature/mark/thumbprint was placed hereon in my presence at

............................................... (place) on ................................................... (date) at ................. (time).

■ ............................................................................................

SIGNATURE OF PERSON TAKING THE STATEMENT

COMMISSIONER OF OATHS, REPUBLIC OF SOUTH AFRICA

EX OFFICIO MEMBER OF SAPS (or other appointment)

FULL FIRST AND LAST NAMES AS WELL AS FULL BUSINESS STREET

ADDRESS

RANK (or other appointment)

Statement by a law enforcement officer in his/her capacity as both witness and

complainant

It often happens that a law enforcement officer (i.e. police or traffic officer) witnesses
the commission of an offence while performing official duties. Such an incident can
occur at a time and place where there may not necessarily be any witnesses, or the circum-
stances can be of such a nature that the tracing of witnesses may be an insurmountable
task. Due to the serious nature of such an offence and the potential danger or risk to
life, the law enforcement officer needs to intervene and fulfil the role as both witness
and complainant. Due to the possibility of being a single witness to such an incident,
every effort should be made to give a complete and objective account of events that
transpired, with sufficient facts that justify the course of action taken.

Please note: The following scenario and statement serve only as an example:

You are posted alone on patrol vehicle Alfa Tango (AT) 142 and responsible for patrols
in the Humewood Police Station area in Gqeberha. At approximately 03:15 on Friday
13 May 2021 you stop at a red traffic light in Beach Road, Humewood. While being
stationary, you notice a vehicle in your rearview mirror approaching from behind at a
significant speed. You immediately switch on your blue lights and hazards in order to

FOR1501/1101
 deter the oncoming driver from speeding. However, the driver switches off his head-
lights, increases his speed and drives recklessly across the set of traffic lights, which are
still red. You immediately pursue the vehicle which ignores any indications from you to
stop. After a pursuit the driver loses control of the vehicle and collides with a barrier
next to the road. He is seriously injured.

HUMEWOOD CAS 566/05/2021

Mr John THOBILE

Solemnly states in English:

I am an adult black male. I am an English-speaking South African citizen aged 43

years. My identity number is 6904025065088. I reside at No. 43 Willow Park Road,
Sydenham, Gqeberha. My home telephone number is 041 453 1213 and my cellphone
number is 083 657 1234. My next of kin is my brother Sipho Vena who resides at No.
23 Avontuur Street, Bridgemeade, Gqeberha (telephone 041 371 1345). I am employed
as a traffic officer by the Nelson Mandela Metropolitan Municipality, 242 Kempston
Road, Sydenham, GQEBERHA. My PERSAL number is 04056676. My telephone
number at work is 041 453 2000. I am not married.

On Thursday 12 May 2021 at 18:45 I booked on duty sober and free of any injuries as
per my pocket book entry 3/2…. on page 35. I was posted as driver of Alfa Tango 142,
a marked Nissan Almera with registration number DWC 673 EC. Before the start of
my duties, the said vehicle was inspected by me and I found everything to be in order
and working condition (i.e. blue lights, siren, hazards, headlights, indicators). I was
posted alone on the vehicle as my colleague Mr Trevor Goosen was booked off sick. I
was responsible for patrol duties in the Humewood Police Station area.

At approximately 03:15 on Friday 13 May 2021 I exited the 24-hour McDonalds res-
taurant in Beach Road, Humewood after buying myself a cup of coffee. I turned right
into La Roche Drive and immediately left into Beach Road after coming to a standstill
at the red traffic light in Beach Road adjacent to the main entrance to Kings Beach.
While being stationary at the red traffic light I noticed a vehicle in my rearview mirror
approaching from behind at a significant speed. I immediately switched on my blue
lights, hazards and siren in an effort to deter the driver from both speeding and possibly
colliding with my vehicle. In response to this the driver switched off the headlights,
increased the speed at which the vehicle was travelling and ignored the red traffic light
by continuing driving.

Only as the vehicle passed me did I notice it to be a yellow Fiat Palio. I immediately
pursued the vehicle with my blue lights, siren and hazards still switched on. I informed
Control 7 of the situation and requested immediate back-up from any other traffic or
police vehicle in the area. At this point in time I had not yet been able to identify the
registration number of the vehicle due to its distance in front of me. The yellow Fiat
Palio kept driving at a significant speed as it passed the Virgin Active gym (on the left)
in Beach Road. At this stage I took note of the speed at which I was travelling as ap-
proximately 145 km/h.

The yellow Fiat Palio now approached the intersection between Beach Road and
Walmer Boulevard while driving in the direction of Central and still made no effort to
decrease its speed. The said vehicle then violated the red traffic light at the intersection
of Beach Road and Walmer Boulevard and immediately swerved to the right by taking
the M4 freeway in the direction of Deal Party. I managed to close in on the vehicle and

102
 References

was able to take note of the registration number as BCW 741 EC. I immediately gave a
situation report to Control 7 and also supplied the registration number of the vehicle.
At this stage I was informed by Cynthia Davids at Control 7 that only a police vehicle
(Hotel 4) responded to her request for back-up and that Hotel 4 was approaching from
Rowallan Park.

The yellow Fiat Palio BCW 741 EC was still driving on the M4 freeway and passed
the Russel Road, Albany Road and Mount Road off-ramps. I now noticed the speed at
which I was travelling increasing to approximately 150 km/h as we passed the Uiten-
hage off-ramp. I remained in close proximity to the yellow Fiat Palio BCW 741 EC
and consistently tried to obtain a reaction from the driver by alternating between the
dim and bright function of my headlights. As we passed the North End prison while
still driving in the direction of Deal Party, I noticed the driver bending down to the
passenger side. At that moment the driver briefly lost control of the yellow Fiat Palio
BCW 741 EC and almost collided with a lamp pole on the left-hand side of the road.

I gave another situation report to Control 7 at exactly 03:21 (according to the electronic
clock in my vehicle) while the yellow Fiat Palio BCW 741 EC now took the off-ramp
at ‘Smelly Creek’ to join the N2 freeway in the direction of Cape Town. I made contact
with Hotel 4 on the radio and informed him of the direction that the vehicle was now
proceeding in and requested him to remain stationary at the intersection of Cape Road
and Boshoff Street. This request was based on the information I received from radio
control moments before making contact with Hotel 4. The information received from
radio control revealed that the ownership of the yellow Fiat Palio BCW 741 EC was
registered to a Mr W van Schalkwyk residing at Plot 41, Greenbushes. The position I
requested Hotel 4 to remain stationary at was the most often used route of only two
roads leading to Greenbushes.

At exactly 03:24 (according to the electronic clock in my vehicle) the yellow Fiat Palio
BCW 741 EC took the Grasvoëlkop Bridge off-ramp and again violated a red traffic
light at the Disa Street and Burt Street intersection. This time the yellow Fiat Palio BCW
741 EC caused another motorist driving a silver Mazda Etude (unknown registration
number) to collide with a lamppost in Burt Street due to the said violation of the red
traffic light. Due to the latter accident not being a high-impact collision and personally
noticing the agitated motorist disembarking from his vehicle, I requested Control 7 to
dispatch a police section vehicle to attend to the accident while I continued to pursue
the yellow Fiat Palio BCW 741 EC, which failed to stop at the accident.

At the intersection between Disa Street and Cape Road, the yellow Fiat Palio BCW 741
EC turned right into Cape Road in the direction of Greenbushes. Hotel 4 was monitor-
ing his radio and confirmed that he was in position on the corner of Cape Road and
Boshoff Street. The yellow Fiat Palio BCW 741 EC again failed to stop at the William
Street and Cape Road red traffic light and nearly collided with a cyclist in Cape Road
next to the Londt Park Mini-Golf Course. I contacted Hotel 4 and warned him that
the yellow Fiat Palio BCW 741 EC was now rapidly approaching his position at an ap-
proximate speed of 160 km/h (according to the speed reflected on my speedometer).

As I approached the Cape Road and Boshoff Street intersection in pursuit of the yellow
Fiat Palio BCW 741 EC, I noticed four (4) marked police vehicles blocking the road. The
blue lights and hazards of all four (4) marked police vehicles were clearly visible. The
yellow Fiat Palio BCW 741 EC was now less than 100 metres from the intersection and
still took no action to decrease its speed. I immediately decreased the speed at which I
was travelling as I knew a collision was now imminent. At an approximate distance of
30 metres before colliding with the marked police vehicles, the yellow Fiat Palio BCW

FOR1501/1103
 741 EC suddenly swerved to the left and crashed through the barrier at the side of the
road, causing the yellow Fiat Palio BCW 741 EC to overturn approximately five times.
The collision took place at exactly 03:27 (according to the electronic clock in my vehicle).

I then drove my vehicle onto the side of the road in Boshoff Street, approximately 250
metres from where the yellow Fiat Palio BCW 741 EC came to a standstill on its roof.
I immediately gave a situation report to Control 7 and requested Cynthia Davids to
summon an ambulance as well as the collision unit of the South African Police Service.
I then proceeded on foot to the scene where I noticed an injured white male who was
crying. He was seated approximately 10 metres from the yellow Fiat Palio BCW 741
EC and was already placed in handcuffs by the police officials at the scene. I walked
towards the overturned yellow Fiat Palio BCW 741 EC and was surprised to find an-
other person still strapped to the safety belt hanging in an upside down position at the
passenger side of the vehicle. On closer inspection I noticed the passenger to be a white
female who was decapitated.

The senior police official at the scene introduced himself to me as Captain Johan Barnard
of the Gqeberha Flying Squad and informed me that the white male, who according to
him was flung out of the driver seat after the accident, tried to run away and resisted
after being confronted by him. Captain Johan Barnard stated that he arrested the white
male for driving under the influence of alcohol and reckless and negligent driving. I
agreed to open the case docket while Captain Johan Barnard attended to the medical
examination and the taking of a blood sample from the injured suspect. I then inter-
viewed the white male in order to obtain his personal particulars. He introduced himself
as Mr Gregory Watson who resides at No. 1 Gordon Terrace, Central, Gqeberha. His
identity number is 8001025042087. He confirmed that the yellow Fiat Palio BCW 741
EC belongs to his friend, a Mr W van Schalkwyk residing on Plot 41, Greenbushes.
He identified the deceased female as 19-year-old Catherine Jones, residing at Plot 41,
Greenbushes and said she was the girlfriend of Mr W van Schalkwyk. While conversing
with Mr Gregory Watson I noticed that his eyes were bloodshot, his speech slurred and
his breath smelled of alcohol. I left the scene as the Emergency Medical Services and
the collision unit of the SAPS arrived on the scene. Captain Johan Barnard signed my
pocket book entry 3/2012 on page 37 (time: 03:55) as confirmation that he took over
the management of the scene and the processing of the suspect.

HUMEWOOD CAS 566/05/2012 was registered by me at 04:45. My statement was

supplied to Captain Johan Barnard at 06:40.

I know and understand the content of this declaration.

I do not have any objection to taking the prescribed oath.

I consider the prescribed oath to be binding on my conscience. The contents of this

declaration are true, so help me God.

……….[signed]……………..

John Thobile

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 References

PERSAL number 04056676

I certify that the deponent has acknowledged that he knows and understands the contents
of this declaration. This declaration was sworn to by me and the deponent’s signature
affixed hereto in my presence at Gqeberha on 2021-05-13 at 06:40.

………[signed]……….

Karel Coetzee

PERSAL number 05383677

COMMISSIONER OF OATHS

SOUTH AFRICAN POLICE SERVICE

KAREL COETZEE

HUMEWOOD SAPS

NO 1-4 LEA PLACE

HUMEWOOD, GQEBERHA

CONSTABLE

It is important to remember that any statement has to contain sufficient informa-

tion which will assist the public prosecutor in determining whether to prosecute
a case or not. It often happens in practice that law enforment officers write short
and incomplete statements. This can amount to a serious case not being pros-
ecuted or charges against the accused being withdrawn.

Do you think the above senario could be sufficiently documented in a one-page

statement?

EXPERTS PURPOSE
Accident reconstructionist They can assist with investigating the causes, cir-
cumstances and events related to a motor vehicle
accident. They rely on the principles of physics and
engineering and also use computer software for cal-
culations and reconstruction of events.
Arson/fire investigator They have an operational understanding of the
chemistry and dynamics of fire. They can add value
to criminal investigations by establishing whether a
fire was intentionally set (arson), or in civil cases with
establishing the liability for a fire.
Cyber crime investigator/ They can provide assistance in evidence and data
digital forensic expert recovery from computers, cellphones and other soft-
ware/internet applications. They also provide exper-
tise in the collection procedures of computer-related
evidence at incident scenes.
District surgeon or They provide assistance with medical examinations
pathologist and autopsies.

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 EXPERTS PURPOSE
Draughtsman They compile a proper plan or sketch of the scene of
incident.
Experts attached to the dif- • Biology Unit : trichological (hair) analysis;
ferent components of the biochemical and microscopic tests; DNA analysis
Forensic Science • Ballistic Unit: internal ballistics; external ballistics;
terminal ballistics; intermediate ballistics
Laboratory • Disputed Document Unit: handwriting analysis;
determination of the origin, authenticity and age
of documents
• Chemistry Unit: analysis of prohibited substances,
i.e. drugs and medicine; toxicology, i.e. insecticides,
weedkillers and traditional medicines
Fingerprint expert They identify, collect and process latent and patent
prints (finger, hand, palm, foot and shoeprints)
Forensic accountant They usually have specific areas of expertise which
may include accounting, auditing, commercial law,
fraud examination, and the collection, analysis and
evaluation of financial information as evidence.
They use financial and quantitative skills to calculate
damages.
Forensic anthropologist/ They can provide assistance on the identification of
facial reconstructionist deceased individuals whose remains are decomposed
or unrecognisable. Facial reconstruction entails the
recreation of the face of a deceased person from
their skeletal remains. The deceased person’s identity
is usually unknown, and therefore reconstruction
serves as an attempt to identify the unknown de-
ceased person.
Forensic archaeologist They can assist with the location and excavation of
evidence that was buried. Evidence may include hu-
man remains or any item of physical evidence such as
money or a cellphone that was buried.
Forensic botanist Through the study of plants, they can make valu-
able deductions from leaves, seeds or pollen found
either on a body or at the scene of incident. They can
provide valuable input on the timelines of an incident
and whether the body or object was moved between
two or more different locations.
Forensic engineer They can assist with an investigation into mechanical
processes and failure of machinery or vehicles which
subsequently led to injury or death. They are most
often used in civil suits or compensation claims.
Forensic entomologist They study insects. They are also able to make
deductions and provide assistance in establishing the
approximate time that lapsed after a person died,
based on the life cycle and types of insects found in a
decomposed body.

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 References

EXPERTS PURPOSE
Forensic odontologist/fo- They can assist with the examination and evaluation
rensic dentist of dental evidence. This may include age estimation
in children, bite marks left on a victim, perpetra-
tor or objects found at the scene of incident, or the
identification of an unknown individual to whom the
teeth belong.
Forensic osteologist They can assist with determining the cause and
circumstances of death by studying bones or skel-
etal remains of a deceased person. These experts are
usually used in the investigation of genocide-related
cases.
Investigative psychologist They can provide guidance in the investigation of
psychologically motivated crimes, i.e. serial murder
and serial rape, based on the offender’s behaviour
exhibited at the crime scene. They also provide assis-
tance in compiling a linkage analysis between crimes
presenting similar modus operandi.
Photographer They photograph all aspects at the scene of incident
that may have evidential value, i.e. overall features
and condition of the scene, exhibits, injuries to the
victim or suspect etc.
Police sketch artist They compile a sketch which resembles the facial
features and appearance of a suspect, victim, missing
or deceased person for the purpose of identification
or rendering evidence. The information for compil-
ing the sketch may be provided by a witness or by
a family member when a recent photograph is not
available. Stolen valuables may also be sketched for
identification purposes.
Video operator They make a video recording of the overall appear-
ance of the scene of incident, exhibits and bystand-
ers. A video operator is also important during
identification parades and subsequent pointings out
by a suspect.
AIDES PURPOSE

Air wing The air wing can assist with a rapid response to a
scene of incident or when a fleeing suspect or vehi-
cle is being pursued. They also provide assistance to
photographers when aerial photography is used for
incident scenes.

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 AIDES PURPOSE
Cellular network providers An application can be made for cellular records and
itemised billing for a suspect’s phone. This informa-
tion can be used to chart a suspect’s movements,
identify contacts and accomplices and link the
suspect with the scene of incident. The Regulation
of Interception of Communications and Provision of
Communication-related Information Act 70 of 2008
(RICA) was implemented on 1 July 2009. This effec-
tively means that, by law, everyone that has an active
cellphone number or who purchases a new prepaid
starter pack must register their SIM cards with a
valid identity document.
Corporate and private These investigators usually function within a corpo-
investigators rate environment, in a private capacity or on behalf
of another party, which may be a private person or a
business. Their focus may include criminal, civil or
disciplinary investigations, with their skill set rang-
ing from statement analysis, electronic countermeas-
ures, competitive intelligence gathering, audio- and
video-tape enhancements, computer analysis, surveil-
lance etc.
Credit bureaus They can supply information on people who have a
credit record.
Customs and border They can provide information on the movement of
management people through South African borders and the im-
port and export of restricted and prohibited goods.
Deeds office It can provide information relevant to the acquisition
of property (ownership and property details).
Dog handler Types of trained dogs include tracker dogs, dogs that
can detect drugs, perlemoen, biological fluids and
explosives, and rescue dogs. Some dog handlers are
also trained in the use of dental stone for the collec-
tion of foot and tyre imprints.
Films and Publications It can provide assistance with classifying pornogra-
Board phy and child pornography and monitoring compli-
ance with the Films and Publications Act 3 of 2009.
Financial institutions Bank records (account details, transactions history,
investments etc.) can be obtained from banks and
other financial service providers if a subpoena is
obtained.

Home affairs This department can provide assistance with identi-

fying different types of documents, establishing the
status of documentation and investigating undocu-
mented persons. It can also provide access to birth
records, residential details, fingerprints and family
records.

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 References

AIDES PURPOSE
Hostage/suicide negotiator They can provide assistance at active incident scenes
such as kidnappings or hostage situations originat-
ing from a failed robbery attempt. Furthermore, they
can provide crisis negotiation services with suicidal
persons or incidents of volatile conflict situations.
Informer This is a person who can be tasked by the investiga-
tor to search for and gather information.
Internal media liaison They can provide assistance with formulating com-
officer munication strategies relating to sensitive situations
or investigations. They can also act as a communi-
cation link with the media, community, clients and
employees within an organisation.
Interpol This organisation can provide assistance to police
agencies in cross-border investigations and access to
an international police database.
Media (print, radio and They can provide assistance with the communica-
television) tion of important information to the community, i.e.
crime threats or alternative routes as result of an in-
vestigation at a scene of incident. They can also assist
with tracing suspects, stolen property and witnesses.
Municipalities Most municipalities have a database of, among other
things, building plans, aerial photographs and own-
ership details of properties and business premises.
Every adult who rents or owns a house has to be
registered/on record. Almost no credit or financial
transaction can be conducted without a copy of a
municipal account to verify a person’s residential
address.
Non-governmental Each of these organisations has a different focus and
organisations (NGOs); a diverse range of expertise and information sources.
faith-based organisations They are usually well informed about different soci-
(FBOs) and non-profit etal problems and understand the dynamics within
organisations (NPOs) their communities.
Police divers They can provide assistance with underwater inci-
dent scenes and collection of evidence, recovery of
bodies and rescue operations.
Prosecutor They can provide valuable advice and guidance
relating to the legality of search and seizure and the
expeditious preparation of search warrants. They can
also add value to investigative decision-making.
Registrar of Companies This can provide information on regis-
tered companies as well as the persons involved in
those companies.

SAPS Special Task Force This can assist with high-risk operations at ac-
tive incident scenes, i.e. hostage release or suspect
apprehension.

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 AIDES PURPOSE
Social workers They can provide valuable assistance at the scene of
incident involving children or abused women. They
can also assist with a preliminary psychosocial assess-
ment of a victim and thereby provide advice to the
investigator.
Statutory investigators They can provide guidance or advice on department-
attached to government or agency-specific procedures, policies or regulations.
departments or other public They may also be included in a project team focusing
agencies on multifaceted investigations. Statutory investiga-
tors can come from a variety of agencies includ-
ing the Special Investigating Unit (SIU), the South
African Revenue Service (SARS), the Environmental
Management Inspectorate (EMI) and the South
African Reserve Bank (SARB).
Telkom They can provide names and addresses of people
who have telephones and internet connections.
Wanted persons may be traced through the telephone
directory.
Vehicle registration office This office can provide information on the owner-
ship and registration documents of vehicles.

110