ANC's ultimatum to De Ruyter - what PRECCA says

[Jan]

ANC threatens to lay charges against André De Ruyter — what the law says

South Africa’s ruling party, the African National Congress (ANC), has threatened to lay charges against former Eskom CEO André de Ruyter.

De Ruyter implicated the ANC in widespread corruption at the state-owned power utility in an E-tv interview on My Guest Tonight with Annika Larsen.

 

[Skerminkel]

“There is a difference in views as to whether persons who hold a position of authority have a duty to report a specified crime committed by any person or committed by a person falling within the sphere of relationship relevant to the person’s position of authority,” said Cliffe Dekker Hofmeyr director Corné Lewis.

Clearly Mr Lewis is not used to explaining legal issues to laymen.

 

[TheChamp]

Clearly Mr Lewis is not used to explaining legal issues to laymen.

When you are invited to explain but in the middle of it you decide to dazzle them.

 

[ghaye]

So for the sake of clarity, is reporting and laying charges at a Police station the same thing?

 

[LCBXX]

What's the hold-up, Fsckile?

 

[Pak Fa Fui]

Clearly Mr Lewis is not used to explaining legal issues to laymen.

Maybe Jan can explain it to us

 

[Jam Sandwich]

What's the hold-up, Fsckile?

Waiting for a camera crew...

 

[Pak Fa Fui]

What's the hold-up, Fsckile?

He gave 7 days for Adr to lay charges if not the anc will do it

 

[Kosmik]

So for the sake of clarity, is reporting and laying charges at a Police station the same thing?

No. Reporting is one thing but I think to lay a charge needs to be done by a prosecutor or at least the policeman accepting the report. Public can report crime but directly charging is the purview of the police/prosecutors.

2c

 

[TheChamp]

No. Reporting is one thing but I think to lay a charge needs to be done by a prosecutor or at least the policeman accepting the report. Public can report crime but directly charging is the purview of the police/prosecutors.

2c

Exactly like that, you open a case, that doesn't mean the person against whom the case was opened is charged.

 

[ghaye]

No. Reporting is one thing but I think to lay a charge needs to be done by a prosecutor or at least the policeman accepting the report. Public can report crime but directly charging is the purview of the police/prosecutors.

2c

I may be wrong but if you steal my phone I can lay a charge of theft against you.

 

[Fulcrum29]

So for the sake of clarity, is reporting and laying charges at a Police station the same thing?

A reminder to employers: Duties in relation to recovering funds misappropriated by employees

When employees are found guilty of misappropriating funds in the workplace, employers are tasked with questions concerning the recovery of the lost funds.

www.werksmans.com

Reports in terms of PRECCA​

Section 34(1) of PRECCA places a duty on persons of authority to report certain offences where the quantum of the corruption, theft, fraud, extortion, forgery or uttering a forged document is more than R 100,000. The section provides that any person in a position of authority who has knowledge or suspicion of such an offence has a duty to report the matter to the South African Police Services.

The South African Police Service Amendment Act 10 of 2012 (SAPS Act), provides that such a report should be made to a police official in the Directorate for Priority Crime Investigation (DPCI). Thereafter, the National Prosecuting Authority (NPA) will consider the findings of the DPCI and exercise its discretion as to whether charges should be laid.

ANC threatens to lay charges against André de Ruyter — what the law says

The ANC has given De Ruyter an ultimatum: he must give evidence for his allegations or face charges under the Prevention and Combating of Corrupt Activities Act. Here is what the law says.

mybroadband.co.za

Throughout his interview with Larsen, De Ruyter gave examples of where they tried to report criminal activity.

In one instance, De Ruyter said they held a meeting with the South African Police Service (SAPS) and the State Security Agency (SSA).

“We had significant difficulty energising senior levels of SAPS,” De Ruyter stated.

“We shared chapter and verse what we’d found obviously in a way that protected our sources; the [SAPS] generals and SSA colleagues were aghast and said, ‘you know, this is completely unacceptable, we will immediately start acting on this’ and then nothing happened.”

It is unknown whether De Ruyter approached the DPCI, but someone appointed a body or independent party to gather intelligence on the corruption at Eskom which is now being leaked, selectively, into the public by the Daily Maverick.

The SSA has been moved to the Presidency by Ramaphosa, and is hence centralised, so the ministry within the Presidency would be aware, and possibly be party to, in the event the SSA was approached. Ramaphosa would know about the chapter and verse unless he is not central to his own centralisation.

 

[Kosmik]

I may be wrong but if you steal my phone I can lay a charge of theft against you.

You can go to a police station and report it, with the officer you can lay a charge but I don't think without. So reporting and charging are two different things.

 

[TheChamp]

I may be wrong but if you steal my phone I can lay a charge of theft against you.

No, you open a case of theft.

 

[Kosmik]

Thanks @Fulcrum29 , saved me a google.

The South African Police Service Amendment Act 10 of 2012 (SAPS Act), provides that such a report should be made to a police official in the Directorate for Priority Crime Investigation (DPCI). Thereafter, the National Prosecuting Authority (NPA) will consider the findings of the DPCI and exercise its discretion as to whether charges should be laid.

 

[LCBXX]

Communist Fragility is a real thing.

 

[ghaye]

But yet the ANC are going to lay charges?

 

[TheChamp]

But yet the ANC are going to lay charges?

They are just as confused as you are on the correct terminology, they might be in Luthuli House but they are still human like us.

 

[ghaye]

My Google searches have shown me that the term "laying charges" and "reporting a crime" are fairly widely used as the same thing. Whether they the same standing in law I would not know.

 

[mpdjhb]

ChatGPT says:

Section 34 of PRECCA imposes certain duties on senior officials, such as directors, managers, and other leaders within an organization, with respect to the prevention and reporting of corrupt activities.

Specifically, senior officials are required to take reasonable steps to prevent their employees and agents from committing corruption offenses. This includes implementing internal controls and procedures to detect and prevent corrupt activities, as well as educating employees on the risks of corruption and the consequences of engaging in such activities.

Additionally, senior officials are required to report any suspected corruption offenses to the appropriate authorities, and to cooperate fully with any investigations that may be undertaken.

Failure to fulfill these duties can result in criminal liability, including fines and imprisonment. Therefore, it is important for senior officials to take these obligations seriously and to actively work to prevent and report corrupt activities within their organizations.