Outcomes

Assessment Criteria

• a detailed knowledge of South African law relevant to the investigation of crime within the commercial forensic environment;

• apply a detailed knowledge base of key terms, principles, and theories in the field of commercial forensic law and through the use of it in arguments and debates in written (assignments and/or case studies) and/or oral format;

• the ability to solve problems through the analyses of sets of facts and/or source documentation relating to legal aspects of the commercial forensic environment and to formulate arguments in an orderly fashion with reference to statutory requirements and applicable case law;

• show insight into the effect of elements of the Bill of Rights contained within the Constitution of the Republic of South Africa on commercial forensic investigations;

• an ability to evaluate different sources of information, to select information appropriate to the task, and to apply well-developed processes of analysis, synthesis and evaluation to that information relating to legal aspects falling within the ambit of the commercial legal forensic environment;

• explain and identify specific offences that are relevant to the field of commercial forensic investigation, which include and are not limited to fraud, theft, corruption, forgery and uttering, and money laundering;

• an ability to present and communicate complex information reliably and coherently using appropriate academic and professional or occupational conventions, formats and technologies falling within the ambit of the commercial legal forensic environment.

• apply detailed knowledge of relevant aspects of the South African law of evidence, specifically the relevance of evidence, hearsay, documentary evidence, principles and evidential issues of search and seizure in criminal and civil law, admissions and confessions and the constitutional right to privacy;
• apply detailed knowledge of labour law concepts, which include, among others, employer-employee relationships, misconduct, substantive and procedural fairness, etc.;
• apply a detailed knowledge base of matters pertaining to the recovery of assets, including but not limited to section 300 of the Criminal Procedure Act, 51 of 1977, acknowledgement of debt, asset forfeiture, Mareva injunctions as well as recoveries from pension funds;
• show insight into reporting duties of role-players relevant to forensic investigations relating to, among others, section 29 of the Financial Intelligence Centre Act, 38 of 2001 and section 45 of the Auditing Professions Act, 26 of 2005; and
• identify and apply basic research methods and technologies appropriate to the field of commercial forensic law by identifying, gathering, organising, critically analysing, evaluating, interpreting relevant information and writing up the findings in assignments.