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Short Learning Programme
in
Commercial Forensic Law
The short course aims to equip learners with the fundamental knowledge and skills necessary to effectively participate in the prevention and combating of commercial crime.

Purpose of the course:

The short learning programme will equip participants with a detailed knowledge of relevant legal aspects (i.e. basic human rights, law of evidence, criminal law, law of criminal procedure, labour law and law of contract) applicable to conducting legally sustainable commercial forensic investigations in South Africa.

Admission requirements:

Admission requirements: 
N/A
Learning assumed to be in place: 
The successful completion of a senior certificate (grade 12) plus two years relevant experience or a tertiary qualification.

Course outcomes and assessment criteria :

Course outcomes and the associated assessment criteria: 

Study Unit

Outcomes

Assessment Criteria

  After completion of this course, participants will: Participant will be assessed on the following criteria:
 
  • To demonstrate a detailed knowledge of South African Law relevant to the South African commercial forensic environment;
  • To be able to solve problems through the analysing 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;
  • To demonstrate 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;
  • To demonstrate 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.
  • Demonstrate a detailed knowledge base of key terms, principles and theories in the field commercial forensic law;
  • This will be achieved through the use of it in arguments and debates in written (assignments, case studies and / or company project) and/or oral format in which a detailed knowledge in relation to the following is demonstrated:
  • The effect of the Bill of Rights contained within the Constitution of the Republic of South Africa, Act 108 of 1996 on forensic investigations;
  • Specific offences that is relevant to the field of forensic investigation which includes and is not limited to fraud, theft, corruption, forgery and uttering and money laundering;
  • The South African law of evidence, and 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, to name only a few;
  • Labour law concepts which include, amongst other, employer-employee relationships, misconduct, substantive and procedural fairness etc.;
  • Furthermore demonstrate 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;
  • Reporting duties of role players relevant to forensic investigations relating to amongst other, Section 29 of the Financial Intelligence Centre Act, 38 of 2001 and Section 45 of the Auditing Professions Act, 26 of 2005.
  • Efficiency in the application of basic research methods, techniques and technologies appropriate to the field of commercial forensic law should be demonstrated through identifying, gathering, organizing, critical analysing, evaluating, interpreting information as well as the subsequent write up of findings in assignments.

 

 

 

 

Assessment: 
Formative assessment and summative assessment.
Method of assessment: 
Attendants will have to submit two written assignments and/or cases studies (formative assessment), and complete a 3 hour examination (summative assessment). The elements stated in the abovementioned learning outcomes and assessment criteria will form the basis of the assessment.

Additional information

J05 100 1
Mode of delivery: 
Contact
Target group: 
South African commercial forensic practitioners, specifically those who intend to become professional members of the Institute of Commercial Forensic Practitioners.
Contact us
Name: 
Mr Albert van Zyl
Telephone number: 
018 299 4420