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Irregularities in DPCI's use of Protocols in Investigation of Fraud and Corruption

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Warda Meyer
Irregularities in DPCI's use of Protocols in Investigation of Fraud and Corruption

Filed at the Western Cape High Court as part of an application by a private company Capital Investments and the auction giants Aucor, has laid bare the full extent of a probe by the DPCI, which the Directorate of Priority Crime Investigation abused their authority and have shown irregularities in their handling of their investigation. 

The DPCI relied solely on leads from outside sources, circumstantial evidence and knowledge of intent of fraud which has led to them not following proper protocols and procedures. Acting on unconfirmed intelligence the DPCI's quick use of state authority and legislative provisions has put them under the spotlight. Additional allegations emerged of kickbacks paid to auction house staff and bank staff to have financial gains and include fraud, corruption and tax evasion as well as facilitating, receiving and possessing the proceeds. The DPCI's privy to details of this investigation led them broadening their investigation to include private individuals and associations identified to have suspicious business dealings with Capital Investments.

The High Court has overturned the DPCI's use of legislative provision, that the DPCI should not be permitted untrammelled access to seize. Businesses must be protected from unjustified intrusions of privacy and property by agents of the state.

The DPCI further commented that one of the most important tools that the DPCI has in its arsenal when it comes to preserving evidence is the Anton Piller orders. Named after the most prominent case on the subject, Anton Piller KG v Manufacturing Processes, the order allows applicants to attach and safeguard evidence in the possession of the respondent, especially if they’re worried that the respondent will destroy the evidence when they’re notified of the proceedings, and this was the intent of the DPCI whilst using certain legislative privileges.


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Warda Meyer
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