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 CONTENTS

 Page

Overviewvii

Lesson 1: The criminal justice system1

1.1 INTRODUCTION1
1.2 BASIC CONCEPTS 1
1.2.1 Court structure 1
1.2.2 Hierarchy of courts 2
[Link] Constitutional Court2
[Link] Supreme Court of Appeal2
[Link] High Courts3
[Link] Magistrate’s courts4
1.3 RELATIONSHIP WITH THE PUBLIC PROSECUTOR 5
1.3.1 Provision of information to the public prosecutor 5
1.3.2 Reliance on the investigator 5
1.3.3 Handling the case docket 5
1.3.4 Conduct regarding witnesses 6
1.3.5 Conduct regarding the accused and bail 6
1.3.6 Mutual respect 6
1.3.7 General conduct 7
1.3.8 Cooperation7
1.3.9 Docket7
1.3.10 Witnesses8
1.3.11 Release on bail or on warning 8
1.3.12 Accused9
1.3.13 Defence9
1.4 CASE DOCKET 9
1.4.1 First information of crime (SAP 4M) 10
1.4.2 Case docket (SAPS 3M) 13
1.4.3 Front page 22
1.4.4 Page 2 (A clip): documentary evidence 25
1.4.5 Page 3 (B clip): correspondence 29
1.4.6 Page 4 (C clip): the investigation diary 29
1.4.7 Page 5: particulars of the accused 34
1.4.8 Page 6: information about exhibits 36
1.5 ROUTE OF DOCKETS 37
1.6 CONCLUSION OF CASE DOCKETS 38
1.6.1 Dockets submitted to court 38
[Link] File38
[Link] File: warrant issued39
[Link] File: identifiable property not recovered39
1.6.2 Dockets not submitted to court 39

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[Link] Withdrawn39
[Link] Undetected40
[Link] Undetected: warrant issued41
1.7 RE-OPENING OF CASE DOCKETS 42
1.8 INSPECTION OF CASE DOCKETS 42
1.8.1 First level of inspection 42
1.8.2 Check list during case docket inspection 42
1.8.3 24-hour inspection 43
1.8.4 Brought-forward inspection (monthly) 44
1.8.5 Inspection of case dockets to public prosecutor for decision 44
1.8.6 Inspection of case dockets to court for prosecution (or trial) 44
1.8.7 Inspection of case dockets from court 45
1.8.8 Annual inspections 46
1.9 CONCLUSION46

Lesson 2: Obtaining information and recording statements48

2.1 INTRODUCTION48
2.2 DEFINITIONS49
2.2.1 Information49
2.2.2 Statement49
2.2.3 Testimony49
2.3 BACKGROUND49
2.3.1 Terminology49
2.3.2 Information50
2.3.3 Obtaining information 50
[Link] Complainants50
[Link] Witnesses50
[Link] Suspects51
[Link] Accused51
2.4 METHODS OF TAKING NOTES 51
2.4.1 Voice recorder 51
2.4.2 Audio-visual equipment 52
2.4.3 Written notes 52
2.4.4 Using a pocketbook 53
2.4.5 Investigation notes 54
[Link] Pocketbook recording54
[Link] Format of investigation notes55
[Link] How to use the pocketbook56
[Link] Top 10 hints about a pocketbook 56
[Link] General rules for completing a pocketbook 57
[Link] Summary of the rules57
[Link] Effective use of a pocketbook in court58
2.5 INVESTIGATION AND INFORMATION
TECHNIQUES60
2.5.1 Interviewing61
2.5.2 Interrogation62
2.5.3 Extraction62
2.6 TYPES OF STATEMENT 62
2.6.1 Sworn statements 62

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[Link] Commissioner of oaths63

[Link] Requirements for making an affidavit63
[Link] Administrative arrangements64
2.6.2 Affirmation or solemn declaration 65
2.6.3 Unsworn evidence in court 65
2.6.4 Unsworn statement 66
2.6.5 Dying declaration 66
2.6.6 Statements made by the accused/defendants 67
2.6.7 Role of private investigating bodies 67
2.6.8 Other types of statements 67
[Link] First information of crime (FIC) statement (SAP 4M)67
[Link] Injury statement68
[Link] Scene statement68
[Link] Withdrawal statement68
[Link] Identification statement68
2.7 SUSPECT PERSONS 69
2.7.1 Interviewing suspect persons 69
2.7.2 Taking a statement from a suspect 70
2.8 WITNESSES70
2.8.1 Cooperative witnesses 70
2.8.2 Uncooperative witnesses 70
2.9 CONFESSIONS71
2.10 THE STATEMENT 71
2.10.1 Preamble71
[Link] Information to be included in the preamble71
[Link] Getting started73
[Link] Paragraph numbering74
[Link] Introduction of deponent74
[Link] Introduction of roleplayers74
[Link] Narrative74
[Link] Appendices/annexures74
[Link] Identification of exhibits75
2.10.2 Conclusion of the statement 75
2.10.3 Administering the oath/affirmation 75
2.10.4 Certificate by commissioner of oaths 76
2.10.5 Using an interpreter 77
2.10.6 Deponent unable to sign 77
2.10.7 Supplementary statements 77
2.10.8 Anonymous deponent 78
2.11 STATEMENTS IN CRIMINAL CASES 78
2.11.1 Statements for specific crimes 79
[Link] Housebreaking and theft79
[Link] Station name and reference number79
[Link] Title, full first and last names80
[Link] Statements under oath in English or another language80
[Link] Race, gender, cultural connection and citizenship80
[Link] Minor/adult, date of birth/identity number81
[Link] Address/employment81
2.11.2 Statement by a complainant 82

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2.11.3 Statement by a witness 84

2.11.4 Statement by a law enforcement official in his/her
capacity as both witness and complainant 87
2.11.5 Statement by a suspect 91
2.12 CONCLUSION92
REFERENCES94
GLOSSARY95

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 1 OVERVIEW

Welcome to the second module on Investigative Principles for Policing (OVM1502).

We hope that you enjoyed studying the first module (OVM1501) and that you
found the learning material interesting and informative. If you are working in
any of the fields dealing with safety in society, you should be able to apply what
you have learned in the first module to your work. Both modules (OVM1501 and
OVM1502) provide an operational understanding of investigative principles which
may be relevant to a wide range of officials in both the public and private sectors.
These may include police, traffic, home affairs, immigration and customs officials
as well as those in private practice, for instance, private and corporate investigators.
It is of the UTMOST IMPORTANCE that you adhere to the principles taught
in these modules according to the POLICY AND LEGISLATIVE SCOPE of
your department or organisation and, most importantly, the CONSTITUTIONAL
framework of South Africa, or the country in which you work.

In this module, we continue our discussion of the various aspects of crime investigation
but adopt a more practical point of view. We concentrate on what the police official
needs to do to ensure that an investigation is concluded successfully and that the
right people are brought to justice. We first consider the criminal justice system in
South Africa. Since the police official’s role in this system is vital, we will discuss
the different role players in the system and emphasise how proper adherence to
procedures can assist in the successful conclusion of an investigation.

We hope this study guide will help you to function effectively in the criminal justice
system by increasing your knowledge and skills regarding the structure and functions
of the courts, the relationship between the investigator, public prosecutor and other
stakeholders, and the value and functions of sworn statements.

One of the focus points of this module is administering a case docket. Here you need
to pay particular attention to the accurate completion of the various sections of a
docket. These documents have been scanned and attached to the learning material
with the permission of the South African Police Service (SAPS). (However, under
no circumstances may you use official police documents in your assignments.) We
also explain the various legal tools and documents for compiling and administering
a case docket.

Page through the study guide to familiarise yourself with its layout and structure.
This module consists of lessons. Lesson 1 gives an overview of the criminal justice
system in South Africa and Lesson 2 focuses on obtaining information and recording
statements. As in the first module, we use a scenario as the basis of our discussion
in order to give a context for our explanation. You will also come across activities
to guide your learning.

We have not used icons or special headings to indicate the activities or feedback
sections in this study guide. We therefore urge you to work through this guide
carefully so that you actively participate in the learning experiences we have created.
It is vital that you complete the activities to improve your understanding of the
course content and assist you in completing the assignments. The examination will

OVM1502/1(vii)
 be based on similar activities. There are both short- and long-term advantages to
being actively involved in your own learning and interacting with this study guide.

Finally, from an African and indigenous-knowledge perspective, the importance of

critical thinking and a healthy dose of scepticism in criminal and forensic investigation
cannot be overstated. Consider the following proverb and continually reflect on its
value as you engage in the search for the truth implicit in investigations:

“The death of a lion cannot be announced by a goat.”

As a criminal investigator, you will have to make sense of the information, hints,
opinions, and observations you get from people. You will have to deal with the
hearsay and even the deception of people who claim to be sincere and volunteer to
act as witnesses or informants. Only by thinking critically and testing the information
that you have gathered through the rigorous process of criminal investigation will
you be able to present a case docket that complies with the scientific method of
criminal investigation.

The aforementioned proverb contains a warning: do not to take anything you come
across at face value. People have their own agendas and motivations for committing
a crime or cooperating in a criminal investigation. Because it is unlikely that a goat
will announce the death of a lion, this action has to be scrutinised. An action that
appears to be sincere, may, in reality, be an attempt to deceive you and defeat the
ends of justice. It is your responsibility to establish what is fact and what is fiction.

We wish you success in your studies.

The development team

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 Overview

STRUCTURE OF THE MODULE

OVM1502: Investigative Principles for Policing I

LEARNING OUTCOMES
In this module, you will learn to compile and administer a case docket for investigation
purposes.

LESSON 1 LESSON 2
The criminal justice system Obtaining information and
recording statements
Key areas of study Key areas of study
(1) Basic concepts (1) Definitions
(2) Relationship with the public (2) Methods of taking notes
prosecutor (3) The investigation and informa-
(3) Case docket tion techniques
(4) Route of dockets (4) Types of statements
(5) Conclusion of case dockets (5) Interviewing of suspects and
(6) Re-opening of case dockets witnesses
(7) Different types of inspections (6) Confessions
(7) The statement

STRUCTURE OF THE MODULE

OVM1502: Investigative Principles for Policing I

LESSON 1 LESSON 2
Obtaining
The criminal justice system information and
recording statements
You will NOW
Key areas of study start Key areas of study
LESSON 1. (1) Definitions
(1) Basic concepts (2) Methods of
(2) Relationship with the public taking notes
(3) The inves-
prosecutor tigation and
(3) Case docket information
(4) Route of dockets techniques
LESSON 2 will (4) Types of
(5) Conclusion of case dockets statements
follow in the next
(6) Re-opening of case dockets (5) Interviewing
section. of suspects and
(7) Different types of inspections witnesses
(6) Confessions
(7) The statement

OVM1502/1(ix)
 KEY WORDS
Investigation of crime; criminal justice system; case docket; investigator; public
prosecutor

Definitions

Investigation of crime “The investigation of crime is a systematic,

organised search for the truth. It entails observation
and enquiry for the purpose of gathering objective
and subjective evidence about an alleged crime or
incident.” (Van Rooyen 2008:13).

Criminal justice system The criminal justice system, which is referred to

as the CJS, is a formal structure of the state that
consists of different government departments
responsible for coordinating the criminal justice
process which entails bringing a criminal to justice.
The system can function properly only if these
departments work together effectively.

Case docket All work undertaken or completed during

an investigation (such as taking statements
and compiling documents) is collected and recorded
in the case docket. The case docket is a public
document that may be viewed by the state, the
defence and the accused.

Investigator A person who investigates a crime, civil wrongdoing

or incident by obtaining corroborating information or
evidence. This person is responsible for managing
the case docket in a criminal investigation.

Public prosecutor A person in the employ of the National Prosecuting

Authority who is responsible for conducting criminal
proceedings on behalf of the state.

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 1 LESSON 1
1 The criminal justice system

LEARNING OUTCOMES

In this lesson, an overview will be provided of South Africa’s criminal justice

system and the key roleplayers in it such as the public prosecutor and investigator,
who are jointly responsible for gathering evidence and presenting a criminal
case during criminal proceedings.

1.1 INTRODUCTION
It is important to know the court structure in South Africa and to understand how
it works. You need to have a clear understanding of how the courts are positioned
within the criminal justice system. Do you know how South Africa’s courts are
structured? Why is there a difference between a regional court and a high court?

The criminal justice system, which is referred to as the CJS, is a formal structure of
the state that consists of several government departments responsible for coordinating
the criminal justice process, which entails bringing a criminal to justice. The CJS
consists of the South African Police Services, The National Prosecuting Authority, the
courts, the Department of Justice and Constitutional Development, and Department
of Correctional Services. The system functions properly only if these departments
work together.

The proper functioning of the CJS thus depends on the following:

• police officials who are able to thoroughly investigate cases, identify criminals
and take them to court
• prosecutors who assist the courts in holding fair trials and reaching just verdicts
• secure prisons in which convicted persons sentenced to imprisonment can be
accommodated and subjected to rehabilitation programmes

In South Africa, the importance of an efficient CJS has been recognised by the
implementation of the National Crime Prevention Strategy (referred to as the NCPS)
and the establishment of the National Prosecuting Authority (Joubert 2013).

1.2 BASIC CONCEPTS

1.2.1 Court structure

In terms of section 165(1) of the Constitution, the judicial authority of the country
is vested in the courts. Section 165(2) establishes the independence of the courts
from other organs of the state.

OVM1502/11


A judicial officer is the person who presides in a court of law during proceedings and
has the authority to decide on a matter before the court. A judicial officer presiding
in a magistrate’s court is called a magistrate and is addressed as “Your Worship”
whereas a judge presides in a High Court and is addressed as “my Lord/Lady”.
When a court has jurisdiction over a matter, it is empowered to preside over and
decide on the matter during either criminal or civil proceedings. The jurisdiction
of the court is determined by the following factors:
• geographical area
• the type, nature and seriousness of the matter
• the degree and type of punishment that it may impose
• the person subject to its jurisdiction
The geographical area refers to the place where the crime was committed and the
area over which a court has jurisdiction. For instance, a crime that was committed
in Johannesburg cannot be heard in Pretoria. The case must be heard in the court
in whose area or jurisdiction the crime was committed.
The type and seriousness of a matter determine which court may hear the matter.
A district court hears only less serious cases whereas a regional court hears more
serious cases, including murder cases.
The degree and type of punishment that may be imposed are also determined by
the court hearing the matter. Courts are limited by their level in the sentences they
are allowed to impose. In, for instance, drug-related cases, courts have increased
jurisdiction, which means that the particular offence allows them to impose heavier
sentences than they normally would.
In South Africa, the courts are not exclusive in terms of their jurisdiction. With the
exception of regional magistrate’s courts, which hear only criminal matters, the same
court may hear both criminal and civil matters.
By “the person subject to its jurisdiction” is meant that regional courts may hear only
criminal and not civil matters. District courts are able to hear the latter.

1.2.2 Hierarchy of courts

South Africa’s courts form a hierarchy. This means that various levels of courts have
jurisdiction over different matters. We could refer to it as a seniority list.

[Link] Constitutional Court

At the top, we find the Constitutional Court and the Supreme Court of Appeal.
The Constitutional Court has its seat in Johannesburg. Unlike other courts, it does
not hear cases. It deals only with the interpretation, protection and enforcement
of the Constitution. In other words, it has the final say in matters relating to the
Constitution (Joubert 2013:36).

[Link] Supreme Court of Appeal

The Supreme Court of Appeal (formerly the Appeal Court) has its seat in Bloemfontein.
It also does not hear cases but it hears appeals against judgments from High Courts
other than constitutional matters. Before a person may appeal against a conviction
in a High Court, he or she must first obtain leave to appeal from that court. If an
application for leave to appeal was unsuccessful, the President of the Supreme Court
of Appeal may be approached by means of a petition (Joubert 2013:38).

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 LESSON 1: The criminal justice system

[Link] High Courts

The second level in the hierarchy is constituted by the High Courts. These are called
superior courts and comprise six provincial divisions, three local divisions and the
High Courts of the previous independent states of Venda, Bophuthatswana, Transkei
and Ciskei. Since 1 March 2009 the names of the divisions of the High Court have
changed. Joubert (2010:37–38) lists the following divisions of the High Court:

The provincial divisions are as follows:

New name and seat of court Previous name
• Western Cape High Court, Cape Town (WCC) Cape of Good Hope (C)
• Eastern Cape High Court, Grahamstown (ECG) Eastern Cape (E)
• Northern Cape High Court, Kimberley (NCK) Northern Cape (NC)
• Kwazulu-Natal High Court, Pietermaritzburg (KZP) Natal (N)
• Free State High Court, Bloemfontein (FB) Orange Free State (O)
• North Gauteng High Court, Pretoria (GNP) Transvaal (T)

The local divisions of the High Court function within the territory of provincial
divisions. Their jurisdiction is concurrent with that of the provincial divisions
within the area in which they are situated. This means that a crime committed in
the jurisdiction of a local division can be tried either by that local division or by the
provincial division in whose territory the local division functions. The following local
divisions were instituted, for convenience sake, in addition to the provincial divisions:

Local divisions
New name and seat of court Previous name
• Eastern Cape High Court, Port Elizabeth (ECP) South Eastern Cape (SE)
• Kwazulu-Natal High Court, Durban (KZD) Durban and Coast (D)
• South Gauteng High Court, Johannesburg (GSJ) Witwatersrand (W)

The High Courts of the former homelands are still operating in those areas.

Former homelands
New name and seat of court Previous name
• North-West High Court, Mafikeng (NWM) Bophuthatswana High Court (B)
• Eastern Cape High Court, Bisho (ECB) Ciskei High Court (Ck)
• Eastern Cape High Court, Mthatha (ECM) Transkei High Court (Tk)
• Limpopo High Court, Thohoyandou (LT) Venda High Court (V)

These courts may hear all serious matters from the areas in their divisions. They are
also courts of appeal in matters arising from cases heard in magistrate’s courts in their
divisions. These matters are reviews and appeals. A review is when the decision of a
lower court is referred to the High Court because of an alleged procedural irregularity.
An appeal, on the other hand, is when the party is dissatisfied with the conviction
or the sentence. When the aggrieved party is still dissatisfied with the outcome of
the appeal or review before the High Court, the matter may then be referred to the
Supreme Court of Appeal for a final decision.

OVM1502/13
 [Link] Magistrate’s courts
The magistrate’s courts were established in terms of the Magistrates’ Courts Act 32
of 1944, which also determines their jurisdiction. The Criminal Procedure Act 51 of
1977 refers to these courts as the lower courts. The lower courts are the magistrate’s
courts in districts (district courts) and regions (regional courts).

Magistrate’s courts are divided into district and regional courts. They operate at
district and regional level respectively. Districts and regions are demarcated in terms
of the provisions in the Magistrates’ Courts Act. A periodic court, which is at the
same level as a district court, may be established if people do not have easy access
to a district court.

Although district courts are at the bottom of the hierarchy, they deal with most
criminal offences within their geographical jurisdiction except treason, murder
and rape. Owing to their limited sentencing powers, serious crimes such as armed
robbery, are usually tried in the regional courts.

The regional courts have an exclusive geographical jurisdiction over their regions
and deal exclusively with criminal matters. In addition, they may adjudicate murder
and rape cases, but not treason cases. They may also pass much heavier sentences
than the district courts (Joubert 2013:37).

Hierarchy of the South African court structure

Constitutional Court
Seat in Johannesburg

Supreme Court of Appeal

Seat in Bloemfontein

High Courts
Six provincial divisions: WCC; ECG; NCK; KZP; FB; GNP
Three local divisions: ECP; KZD; GSJ
Former homelands: NWM; ECB; ECM; LT

Magistrate’s courts

District courts Regional courts

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 LESSON 1: The criminal justice system

1.3 RELATIONSHIP WITH THE PUBLIC PROSECUTOR

ACTIVITY 1.1
Consider a professional relationship. What are the benefits of a good relationship
with a colleague or a friend? Consider the importance of the tasks performed by
an investigator and a prosecutor. How would a professional relationship between
them look like? Why is this relationship so important?

The investigator is responsible for tracing the accused and gathering evidence to
prove the guilt of the accused. The public prosecutor must, thereafter, ensure that the
case is guided through court. The public prosecutor and the investigator are jointly
responsible for the proper presentation of the state’s case. Should either of them let
the other down, it is the administration of justice that suffers.

1.3.1 Provision of information to the public prosecutor

Prosecutors are expected to provide the court with all the facts regarding a case
during a trial. However, prosecutors cannot do this when
• statements are illegible, incomplete and unclear
• statements were not obtained from all possible witnesses
• the investigator’s own statement is incomplete or unclear
• no mention is made of exhibits that were found
• a short summary does not accompany dockets in complex cases

1.3.2 Reliance on the investigator

The public prosecutor relies on the assistance of the investigator when
• they find it necessary to visit the scene of crime themselves
• prior contact must be made with important witnesses
• bulky charge sheets must be formulated
• duplicate photo albums must be prepared
• statements by witnesses must be amplified or retaken

It is of the utmost importance that apparently inadmissible and irrelevant evidence be

noted in the docket. The prosecutor will be able to use this “background evidence”
to the benefit of the state’s case. It might, at a later stage, be admitted as evidence
during the trial.

1.3.3 Handling the case docket

Dockets must be neat and in a clear, legible handwriting. The contents must be
arranged in such a way that the prosecutor can study the docket easily.

Prosecutors must record in the docket further requests for outstanding statements,
exhibits and witnesses. This also applies to remand dates, reasons for remands,
withdrawal and acquittals, conditions of bail, the outcome of a trial, and so on.

Prosecutors must present their requests in a courteous manner and investigators

must behave in a similar fashion. The inconsiderate handling of a case docket does

OVM1502/15


not contribute to cooperation between a prosecutor and an investigator. You must

remember that you and the prosecutor work as a team. If there is a tense working
relationship between you, the accused will benefit from the lack of teamwork between
you and the prosecutor.

1.3.4 Conduct regarding witnesses

It is the task of the investigator to trace witnesses and inform them of the trial date.
Prosecutors should ensure that their actions will not adversely affect the relationship
between investigators and witnesses. If a doctor or businessperson has to testify, a time
that would suit the doctor or businessman should be arranged with the prosecutor
because professional people cannot spend all day in court. Usually, a prosecutor is
only a telephone call away.

Investigators are often able to tell what a prosecutor can expect from a witness. This
allows prosecutors to plan their case strategically. For a serious case, it is a good idea to
arrange interviews with witnesses so that the prosecutor knows what kind of witness
to expect and can identify small aspects that the investigator may have overlooked.

1.3.5 Conduct regarding the accused and bail

One of the causes of a poor relationship between the prosecutor and the investigator is
the question of bail. Investigators often get upset about the fixing of bail if they would
have preferred that the accused was held in custody. Likewise, prosecutors have good
reason for concern when they hear from legal representatives that the investigator
has already agreed to bail and that the bail conditions have been set. You must always
consult with the prosecutor about bail. This means that you must be present every
time the case is heard. An accused often waits to see if the investigator is in court
before he applies for bail. If you are absent, the prosecutor will act according to the
facts at his disposal. So if you are not in court when a bail application is made and
the prosecutor cannot reach you on your cell phone number, don’t be upset when
you learn that the accused has been released on bail.

As we have said, a prosecutor and an investigator must confer about bail. The
prosecutor must inform the investigator of the legal grounds on which the application
can be opposed and the investigator must, in turn, inform the prosecutor of the
applicable facts. At the time of arrest, investigators indicate in the case docket the
reasons, if any, for opposing bail. It cannot be overemphasised that the investigator is
the only person in possession of the facts and he/she must be present at all hearings
of a case.

1.3.6 Mutual respect

Mutual respect is the basis of any sound relationship. It is, however, difficult to
respect someone who has disappointed you. If you want prosecutors to respect
you, then you dare not disappoint them. The same goes for prosecutors who want
investigators to respect them.

Respect and trust is impossible without loyalty. Loyalty is cultivated by understanding

each other’s problems and pursuing a common purpose. Without loyalty, neither the
prosecutor nor the investigator will achieve success.

6
 LESSON 1: The criminal justice system

1.3.7 General conduct

With good cause, investigators can be reproached if their conduct is unprofessional.
After all, they have the knowledge and skills to carry out their task professionally
and responsibly. Since giving evidence is a fundamental aspect of their career,
investigators should be nothing less than professional witnesses. The golden rule is
to be honest and reliable.

A prosecutor, on the other hand, should be able to convince any judge of his or her
ability and professionalism. Professional conduct on the part of the prosecutor and
the investigator is in the interest of both.

1.3.8 Cooperation
As the police official investigating the case, you must gather all relevant facts and
evidence. Based on these facts, the prosecutor or state advocate decides whether, from
a legal point of view, there is a case against the suspect and whether he or she will
proceed with criminal prosecution. This is referred to as a prima facie case; prima
facie means “on the face of it”. It does not mean “beyond any doubt” because the
facts are not undisputed. If the evidence is insufficient or the investigation incomplete,
a prosecutor will refuse to prosecute and a guilty person will get away with it.

Therefore, ongoing cooperation between you and the prosecutor is essential for
presenting a well-prepared case in court. Your presence during court proceedings
is vital because your knowledge of the case can be of great value to the prosecutor.

The way in which the following factors are handled influences the relationship
between the investigator and the prosecutor:
• the docket
• witnesses
• release on bail or warning
• the accused
• the defence

1.3.9 Docket
The prosecutor relies on the information in the docket to decide whether or not to
prosecute. The docket must contain all the facts and evidence that are relevant to the
case. Even evidence that might be considered inadmissible in court must be included
in the case docket to give the prosecutor a complete picture of the case. As the
investigator, you must also continually familiarise yourself with the facts in dispute,
including the elements of the crime. You must also ensure that evidence is obtained
to prove them. An important point in this regard is that all statements taken from
witnesses must be clear, legible, complete and incapable of different interpretations.

Included in the docket must be an affidavit that you have made which briefly outlines
the course of the investigation for the benefit of the prosecutor. Other documents
such as photographs, sketches, medical and forensic reports as well as a list of
previous convictions (SAP 69) must be included in the docket. All evidence must
be presented to the prosecutor. If statements or pieces of evidence are missing, the
prosecutor will instruct you to obtain them, which will result in unnecessary delays.

OVM1502/17


If you are unsure whether you have sufficient evidence to prove a case, you must
discuss the matter in good time with the prosecutor. Regular contact between you
and the prosecutor will help to minimise problems. The docket must present the
prosecutor with a complete and clear picture of the crime.

1.3.10 Witnesses
The presence and cooperation of witnesses are vital for a successful prosecution.
Consultation with a witness will ensure that he/she is not caught off guard by a
question of the prosecutor and that the prosecutor is not surprised by an answer of the
witness. You should arrange a meeting between the prosecutor and a witness before
the trial. This will not only put the witness at ease, but will allow the prosecutor to
assess the strength of the witness under cross-examination.

You and the prosecutor must keep the interests of witnesses in mind. If there is a
possibility of intimidation, adequate protection must be provided. If the witness is a
child, the child should be taken to the court room before the case is heard to familiarise
him/her with the court environment and introduce him/her to the prosecutor.

You are responsible for ensuring that witnesses are summoned to appear in court. The
prosecutor has to inform you if he or she is not going to need a witness’s evidence.
Arrangements need to be made according to the times when witnesses, especially
professional people, are able to give evidence. If a case is postponed, you must inform
all witnesses of the new court date.

Remember that, in most instances, law enforcement officials act as witnesses in the
case presented by prosecution. The following serve as examples:
• a traffic official who was responsible for the arrest of a driver accused of reckless
and negligent driving
• a police official who witnessed a robbery

A law enforcement official who is called as a state witness should expect to be treated
as any other witness testifying in the case of the prosecution. His/her professional
relationship with the prosecutor is of the utmost importance for the success of the case.
Caution should also be taken not to become too familiar with the legal representative
of the accused. An informal relationship between the legal representative of the
accused and the law enforcement official in his/her capacity as a state witness can
harm the state’s case. For example, if a law enforcement official discloses sensitive
information relating to the case without the knowledge of the state prosecutor.

1.3.11 Release on bail or on warning

A detained accused has the right to apply for bail from the time of his/her arrest.
Before the accused’s first appearance in court, bail may be granted by the police if
the offence is not serious. In serious matters, an application for bail must be brought
before a magistrate. This can also be arranged after hours and is to be done in
consultation with the public prosecutor. As the investigator, you must ensure that
you are present and consulted before bail is granted.

At his/her first court appearance, an accused has another opportunity to apply

for bail. If the issue of release on bail arises, it is vital that you and the prosecutor
consider the matter jointly. Based on the facts you supply, the prosecutor provides

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 LESSON 1: The criminal justice system

the court with the legal grounds for granting or refusing bail. For this reason, you
must gather relevant evidence in case an application for bail is made. Furthermore,
you must be available to give evidence should the court require it.

1.3.12 Accused
It is important that you inform the prosecutor of the accused’s attitude during the
investigation. The fact that an accused cooperated or showed remorse might play a
role during the trial, particularly when it comes to sentencing.

1.3.13 Defence
You may not address your comment on the case to the defence. The accused could
use it as a defence in the trial. If the defence wishes to view the docket, you must
refer the request to the prosecutor. Usually, the prosecutor confers with the defence,
but the prosecutor may request the investigator to be present.

You need to be able to perform several important tasks after studying the next
section on the case docket:
• List and describe the different parts of a case docket.
• Compile and complete a docket.
• Complete a docket cover.
• Mark and index all statements and evidential material that are filed under clip A.
• Mark and index all correspondences that are filed under clip B.
• Make proper entries in the investigation diary that cover all aspects of the
investigation.
• Explain the route of the case docket (physically and through the computer
administration system).
• List all the departments and people that are involved in compiling a docket.

Come back to this list after you have studied the section and make sure you are able
to do each one.

1.4 CASE DOCKET

All work undertaken or completed during an investigation such as taking statements
and compiling documents, is collected and recorded in the docket. The docket is
a public document that may be viewed by the state, the defence and the accused.
Therefore, a docket, as a reflection of the entire investigation of a crime, should
always be neat and complete. Can you think of some reasons that a case docket must
be neat and professional in its appearance and presentation?

We will now briefly outline the different parts of the docket and present a crime
scenario. You will need to complete the required documents as a test of your
understanding of these tasks. Then we will discuss the different parts of the docket
in detail.

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1.4.1 First information of crime (SAP 4M)

A first-information-of-crime form (SAP 4M) is required for each case taken up in the
crime administration system (CAS) except when a case docket (SAPS 3M) is used.
This form is referred to as an FIC and it is used for petty or less serious offences.
A case docket is used for more serious offences such as theft, housebreaking or any
other crime which necessitates a formal investigation.

Statements or documents that include information needed to decide whether a

charge must be laid and whether evidence must be led in court are attached to the
FIC (SAP 4M).

Usually, dockets are not used for less serious offences. If it later appears that the
investigation of the case is going to be extensive, a case docket (SAP 3M) may be
opened. This is because a case docket is made of a more durable material and can
take more documents.

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LESSON 1: The
  criminal justice system
 

As shown
below,
 the 
 SAP 4Mconsists
  ofbelow:
two
 pages.
  
The SAP 4M consists of two pages, as shown

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 LESSON 1: The criminal justice system

1.4.2 Case docket (SAPS 3M)

The case docket is an official document for keeping record of a reported crime and
its investigation.

A docket is a folder that opens out to six pages. These pages will be described briefly.

• Front page
The front page contains information that is critical for the proper administration
of the case. It will be described in more detail later. You should ensure that all the
required information is provided. Fill in your name and contact particulars as the
investigator because it is often the only contact information for someone else such
as a prosecutor. If you do not, you cannot blame the prosecutor if something goes
wrong and you are not present.

• Page 2 (A clip)
This page is called the A clip. Here all statements and other documentary evidence
are filed. This includes statements made by witnesses, complainants, suspects and the
investigator as well as forensic reports and information that will be used as evidence.

• Page 3 (B clip)
The B clip is reserved for correspondence and other non-evidentiary documentation.
This includes letters, reports and general correspondence.

• Page 4 (C clip)
The C clip contains the investigation diary. This official diary is a record of the
progress made in the investigation and is referred to as an SAPS 5. In it the investigator
makes comments, the inspecting officer gives instructions regarding the investigation,
and the public prosecutor addresses requests to the investigator.

• Page 5
The particulars of the accused appear on this page. It makes provision for only two
accused. If there are more than two accused, their particulars must be given in the
same format on extra pages filed under clip A and indicated at the bottom of page 5.

• Page 6
This page is the back of the case docket and contains information regarding exhibits.

Supplying all the required information is vital for the proper administration of the
docket.

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SCENARIO
Carefully read the following scenario and then do the activities based on this set
of facts. Remember that this is a basic housebreaking-and-theft case. Use your
imagination to fill in the details.
On Sunday 8 April at 15:00, you receive a report of a break-in and theft of a specialised
medical black leather chair from the study of a private home in Vista Security Complex.
The front door was forced open. The chair is approximately 1,8 m long, 1,1 m wide
and 1,3 m tall. The serial number on the footrest is ASD 1234-0098-ZA. The address
of the incident is 1 Vista Security Complex, 2nd Avenue, Rietvallei, Pretoria, 0089.
The complainant is Mr Pieter Maimela, a black male aged 40, ID 790515 5080 089. He
resides at 1 Vista Security Complex, 2nd Avenue, Rietvallei, Pretoria, tel 012 335 6789.
Mr Maimela is a nuclear scientist at APB Interventions, Plot 57, Pelindaba, tel
012 555 8798. Go to the crime scene, interview the complainant and obtain a detailed
statement from him.
Make enquiries in the neighbourhood. Ask domestic workers, garden workers and
neighbours if they saw anything that could assist you in your investigation.
Interview the security guard, Mr Johannes Gerbrand van der Walt, who was on duty at
the time of the incident. Mr Van der Walt is a white male aged 41, ID 780809 5910 087.
He resides at 9 Villa Flats, Eldoraigne, tel 012 555 6785 and works as a security guard
for Protex Security Company at 345 Suiden Street, Valley View, tel 011 456 7867.
Obtain a detailed statement from him. The security guard supplies you with the
following information:
At approximately 14:00 on the day in question, he was on duty at the gate which is the only entry
point to the Vista Security Complex. A green Mazda bakkie approached the gate. The registration
number of the vehicle was ZFG 000 GP. It was a late 2001 model with silver mags and a set of
spotlights mounted on the bumper. It did not have a canopy. Inside the vehicle were two adult males.
The driver of the vehicle was a white male of approximately 40 years of age and the passenger was
a white youth of about 15 years of age. Both were dressed in blue overall jackets.
The driver completed the access control register. The security guard noticed that the back of the bakkie
was empty and noted it in the register. The vehicle entered the complex and the security guard lost
sight of it when it turned right.
At approximately 14:10, while on cycle patrol of the complex perimeter, the security guard noticed
the same green bakkie parked in the driveway of house no 1. The two occupants were in the process
of loading a big black chair onto the back of the vehicle. The security guard drove past and back
to the gate to relieve his colleague who had to patrol the opposite side of the complex. After a short
time the green bakkie, now with a big black chair on the back, approached the gate. The security
guard signed it out and made a note of the chair in the register. He neither asked for nor was given
any explanation about the chair.
You have to activate the necessary resources to assist you at the scene. Contact the
local criminal record expert. During the interview, the security guard informs you
that the CCTV camera taped the arrival and departure of the suspect vehicle. He
provides you with a cd and a flash drive on which the footage was downloaded. You
need to safeguard both the cd and flash drive until it can be studied by the relevant
experts.
You trace the owner of the vehicle and find out that the registration number does
not exist.

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 LESSON 1: The criminal justice system

You return to the police station and, from conversations with fellow-detectives and
police officials, learn that there have been several reported incidents of break-ins
and thefts in the area involving a green Mazda bakkie.
You request the Crime Intelligence Analysis Centre (CIAC) official at your station
to draw information fitting the modus operandi of this incident from the police
information systems.
The intelligence report you receive confirms that, in the past three months, the
vehicle and suspects fitting the description of your case have been involved in five
other break-in and theft incidents in your policing area.
You task one of your registered informers to gather information.
A week later (Sunday 15 April), the informer contacts you and provides you with
the following information:
He has seen the suspect vehicle at the following address:
Solly & Sons, 13 Riebeeck Avenue, Moreletta Park, Pretoria.
The informer went to the address on the pretext of applying for work and, while
he was inside the premises, saw a large black leather chair fitting the description of
the chair stolen from the home of Mr Maimela. The owner of the business is Mr
Simon Vermeulen.
You provide your CIAC office with this information and request them to draw up
a profile of the owner of the business. He is identified as Mr Simon Vermeulen, ID
680812 5128 096, who conducts business at 13 Riebeeck Avenue, Moreletta Park,
Pretoria.
You must now write a detailed statement that you will use in your application for
a warrant to search the premises of Mr Vermeulen. Use the following details to
describe yourself:
Original name (your own name), employed as an inspector, with service num-
ber 437898-6, at Silvermist Police Station, 234 Notting Road, Clear View, tel
012 345 6745.
At 08:45 on 17 April you apply for and obtain a warrant to search the business
premises of Mr Vermeulen for the stolen chair. You activate the required assistance
and proceed to the address.
On arrival at the business address, you enter the premises and identify yourself as a
police official. A man fitting the description of Mr Vermeulen tries to flee from the
scene and is apprehended by some colleagues you have placed at the gate to secure
the scene. He is immediately arrested.
Upon arrest, he identifies himself as Mr Simon Vermeulen, the owner of the business.
In your subsequent search, you find the black leather chair as well as a number of
items presumed to be stolen. There is nobody else on the premises.
Mr Vermeulen is informed of his rights in terms of the Constitution and transported
to the police station. You need to process the suspect and ensure that his constitutional
rights are not violated. You also need to issue a warning statement to the suspect.

What do you think are important evidence to gather for a bail hearing? How
would you document this evidence?

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1.4.3 Front page

The front page of the docket is divided into five horizontal columns.

ACTIVITY 1.2
Column 1
Without referring to the notes below, complete the following section of the docket:

(1) Name of police station where crime scene originated.

(2) CR no (case register number) at police stations where there are no case com-
puters (crime administration systems).
(3) Control register number (investigation unit responsible for investigation).
(4) Case register number (individual who will investigate the case).
(5) Indicate with an X whether a case docket or an inquest is being investigated.
(6) The court number and the court case number.
(7) The names of the investigators and their telephone numbers. If the docket
is the responsibility of partners, the particulars of both partners can be
indicated. Once a docket is reassigned, the particulars of the previous in-
vestigator must be deleted and those of the new one recorded.
(8) If the incident is known to have occurred on a specific date, this date must
be indicated here.
(9) If a specific time is known, it must be indicated in hours and minutes.
(10) If the exact date is unknown, the period in which the incident took place
must be indicated.
(11) The day of the week must be indicated here.
(12) The method used to commit the offence, the manner in which entry was
gained or the circumstances of death must be stated.
(13) The instrument used.

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 LESSON 1: The criminal justice system

(14) The date on which the person concerned died.

(15) Place of death.
(16) The complainant’s initials and surname, home and work telephone numbers.

1 FEEDBACK
The following are common mistakes made when investigators fill in this section:

• omitting the investigator’s telephone number

• not indicating with an X whether it is a case docket or an inquest docket
• not taking down the complainant’s work and home contact numbers

Column 2

(1) Here the nature of the offence is described. If more than two offences
were committed, they must be filed under the A clip.
(2) The nature of the property involved or the description of the injuries goes
here.
(3) The value of the property or damage is indicated here.
(4) The value recovered is indicated here.

ACTIVITY 1.3
Use the information in the scenario above to complete column 2. Assume that the
value of the chair is R2 500.

Please note:
If none of the stolen goods were recovered, number 4 remains empty.

Column 3

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2 FEEDBACK
Did you remember to fill in the following?
(1) date of conviction or findings
(2) besides the offences an offender is convicted of and the sentence or finding
of the magistrate, the date and signature of prosecutor
(3) court dates (dates of remand and final hearing)
(4) reasons for remand, for instance, further investigation, subpoena witnesses

ACTIVITY 1.4
Complete column 4 using the information in the scenario.

Column 4

3 FEEDBACK
This column deals with the exhibits and makes provision for the station where the
exhibits were handed in, the SAP 13 and the SAP 43 register numbers, and when
the exhibit is taken to court.

Column 5

(1) In this column, the disposal of the docket and/or exhibits is recorded, in
other words, what happens with the concluded docket.
(2) Date when the docket is to be brought forward and the initials of the officer
who gives the brought-forward. The brought-forward is the date on which
the case docket is to be placed before the officer who has to determine
whether the investigator has complied with certain instructions. This date
is to be diarised by the investigator to ensure that the officer’s instructions
are carried out.

Please note:
This column will be dealt with in detail under the heading “Conclusion of case
dockets”.

Page 2 (A clip)
This page provides space for notes to the prosecutor for opposing bail.
All documentation that has evidential value is filed under the A clip.

24
 LESSON 1: The criminal justice system

ACTIVITY 1.5
Before you read any further, list the documents that you think should be filed
under the A clip.

1.4.4 Page 2 (A clip): documentary evidence

The following documents must be filed under the A clip:
• statements made by complainants and witnesses
• warrants of arrest and search warrants
• reports containing the evidence of an analyst or other specialists
• withdrawal statements
• documentary proof, for example, disputed cheques
• plans and photographs of the crime scene or of evidence
• fingerprint results (SAPS 69)
• disposal of seized stolen property (SAPS 299)
• list of stolen property
• list of recovered property
• medical examination forms (J 88)
• post-mortem results and associated forms
• the identification parade form (SAPS 329)
• the Constitution (SAPS 14 A)
• section 205 status

ACTIVITY 1.6
Compare your answer for the above activity with the information we have just
given you.

When a document or statement is filed under this section, the station name and CAS
number are written at the top of the document.

The documents must be numbered chronologically, starting with A1 as the first

document to be filed. This does not refer to page numbers but to document or
statement numbers. Each document or statement will have a new A number. This
number is written in the top right-hand corner of the document so that a numerical
record is kept of all statements/documents contained in the docket. Reference is
made to these in the C clip, as will be shown later.

Documents must be joined in such a way that they can be easily removed if necessary.
Because staples are unsuitable for this purpose, they must be avoided. The reason
for marking all pages with the station and clip reference number is to ensure that, if
the contents of the docket become loose and get mixed up with other documents,
they can easily be put together again.

Prosecutors sometimes take several dockets apart to group together statements by

various witnesses who they intend to call during the trial. After a trial, prosecutors
don’t have time to put every document back in its case file. The investigator has to
do it before the case docket is closed and filed.

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activity
ACTIVITY 1.7
Complete the preamble to statement and the statement using information from
Complete the preamble to statement and the statement  
the given scenario (fill in your own particulars where
using

necessary).
information

Use your imagi-
fromthegivenscenario(fillinyourownparticularswherenecessary).Use
nation to complete the particulars of the stolen chair.
your imagination to complete particulars of the stolen chair.

/continued ...

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LESSON 1: The criminal justice system

/continued ...

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 LESSON 1: The criminal justice system

1.4.5 Page 3 (B clip): correspondence

This page makes provision for the particulars of two deceased. If there are more
than two deceased, their details may be filed under the B clip.

All correspondence, documents and information not filed under sections A or C,

are filed here. Documents are marked B1, B2, and so on for the reasons mentioned
in the paragraphs under 4.5 above.

The name of the station and the CAS reference number must be entered at the top
of all documents in the B clip.

The following documents are filed in this section:

• all correspondence relating to the case
• negative fingerprint reports
• report for prison board (SAPS 62)
• circular of wanted person (SAPS 55)
• circular of missing person (SAPS 55)
• information on recovered property
• information on wanted person (SAPS 92)
• newspaper clippings

ACTIVITY 1.8
Besides those listed above, name five documents that you would file under the
B clip.

1.4.6 Page 4 (C clip): the investigation diary

This page is known as the investigation diary. The particulars required in each
column are entered when a docket is opened.
This page is also called section C of the case docket. For the purposes of the diary,
only page 4 of the docket and form SAPS 5M are used. The pages filed under this
section are marked C1, C2, C3, and so on.
The investigation diary is an important part of the docket and will now be discussed
in detail.
The investigation diary must contain a complete record of all the work done in
connection with an investigation and must serve as an index for all the documents
in the case docket. If the diary is up to date, it should enable an inspecting official to
follow the investigation without difficulty and should convince the inspecting official
that all reasonable measures are taken to bring the case to a successful conclusion.
Reference to the number of each statement and every other document in the case
docket must be made in the right-hand margin of the diary next to the entry dealing
with each matter. The time and date of each entry must be reflected and each entry
must be signed legibly.
Everything done in connection with the case must be recorded concisely and without
delay in the investigation diary. Note that information contained in documents in the
case docket must not be repeated, but briefly mentioned so that the reader understands
the situation without reading the full text or the whole docket.

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As we have explained, the pages of the investigation diary must be numbered C1,
C2, C3, and so on.
The member who records the first information of crime (the first response) must
enter it in the diary. The information in the statement which forms part of the first
information of crime should not be repeated. Any other particulars applicable to
the case must be mentioned. Even if this information does not constitute evidence,
it could be of value to the member investigating the case.
The time and date column must be filled in correctly because it must be shown that
there was no unnecessary delay in starting the investigation.
The names, addresses and telephone numbers of witnesses or people who gave
information to the complainant must be carefully recorded so that the investigator
can interview them and take proper statements. This entry must be signed by the
member who recorded the first information.
The date and the time when the case was assigned to an investigator must be recorded
as well as the investigator’s name and comments or instructions that may be regarded
as necessary. The member giving the instruction must sign it and print their name
or use a name stamp.
An account of the contents of letters and documents is unnecessary. A summary of
the main points is sufficient.
When a house or any other place is visited or searched or when a person is questioned,
the name of the place or person must always be mentioned.
If you have to give evidence in a case, you must prepare a statement separate from
the information in the diary.
The diary must indicate if informers were used. Information obtained from them must
be recorded in the diary. Statements should not be taken unless they are witnesses.
If they make statements in exceptional circumstances, these must also be filed in the
case docket under section A. Great care must be taken not to divulge the names of
informers as it may endanger their lives.
The progress of the case in court must be recorded briefly. Trial dates, remand dates
and anything important occurring in court must be mentioned. The reason for the
remand of the case or the discharge of an accused must always be reflected.
The posting of fingerprint forms (SAPS 69, SAPS 92, etc) and the fact that a copy
was filed in the docket must be mentioned.
The receipt of an SAPS 69 or other document must also be mentioned.
The diary is a suitable and convenient way for an inspecting official to give instructions
to the investigator. The prosecutor can also address requests to the investigator in
the diary.
If a commander’s comments in a diary require action or a reply, the investigator must
record in the diary the action that was taken, state the outcome briefly and refer to
statements or other evidence obtained as a result.
If a paragraph requires no definite action, the reply should read “Noted” or “Will
be complied with in future”, whatever the case may be.
The investigation diary also indicates to the inspecting officer if the investigator is
still on the right track and knows what has to be done.

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 LESSON 1: The criminal justice system

An investigation
INVESTIGATIVE PRINCIPLES diary must
FOR POLICING I be kept in accordance with the example given below.
This example does not contain all the particulars of the investigation or the
enquiries required in the imaginary case. It merely gives you a general idea of how
an investigation diary should be kept.
activity
ACTIVITY
Imagine that you are 1.9
the investigator for the case sketched in the given
[Link]
Look atthat
each
youaspect
are the of the investigation
investigator and
for the case in create anscenario.
the given investigation
Look at
diary. each aspect of the investigation and create an investigation diary.

SAPS 5

c1

SUID-aFrIKaaNSe pOlISIeDIeNS SOUTh aFrIcaN pOlIce SerVIce

Time, CR/MR No Reference
Date  GO/InquestNo. Verwysing
Tyd, Station/Stasie:PRETORIA CAS/MAS
Datum  Enquiry/Navraag
No. ......

/continued ...
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 LESSON 1: The criminal justice system

4 FEEDBACK
Did you make sure that all the necessary detail has been recorded in your diary?
Remember that a diary can be a vital document in an investigation.

Compare your diary with the example below. If you want to include something,
please revise your version. Do you think that we have included everything? How
would you suggest we revise our version?

Time, CR/MR No Reference

Date GO/Inquest No Verwysing
Tyd, Station/Stasie: PRETORIA CAS/MAS 101/04/2020
Datum Enquiry/Navraag
No ......

14:10 First information of crime filed as per A1. Statement A1

2020.04.08 obtained from the complainant.

14:10 SCENE OF CRIME

2020.04.08
House no 1 Vista Complex, Rietvallei, Pretoria.
The complex is fully fenced and has one controlled
entry point. The entry point is manned by a security
guard on a 24-hour basis. House no 1 in the complex
is close to the security gate. The individual does not
have an alarm or security gate.
MODUS OPERANDI:
The house is in a security complex and entrance
was obtained by forcing the front door. The type of
instrument that was used appears to be a crowbar
owing to the distinct marks on the doorframe.
Nothing was out of place in the house. The only thing
that was removed was a specialised medical chair.
No other appliances were taken. The DVD player,
amplifier and plasma TV, that could have been easily
removed, were still there.
ENQUIRIES IN VICINITY
Statement obtained from the security guard and filed
as per A2. A2

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CLUES A3
Clipboard seized for fingerprints.
DVD recording of the footage from CCTV camera
seized. Statement obtained from the person who
made the recording and who noted the registration
number of the bakkie A3.
Registration of bakkie ZFG 000 GP
AIDS
Capt Masilela of the criminal record centre was
summoned to process the scene for fingerprints.
Photographs were taken. Fingerprint results and
photographs are outstanding.
NEIGHBOURS
Neighbours’ domestic helper, Martha, was
interviewed and she informed me that she did not
notice anything suspicious.
OWNER OF THE HOUSE
The owner of the house will be available after 16:00
for an interview. See A1.
INFORMERS
Informers in the area would be activated.
ENQUIRIES
Enquiries were done at the local doctors with no
success in locating the medical chair.

____________________:INSP.
DETECTIVE SERVICE: PRETORIA STATION
MM MOFOKENG

As an investigator, you have to remember that all documents in sections A, B and

C must bear the name of the station and the CAS or CR number where the cases
are registered.

A prosecutor must be able to prosecute a case without referring to sections B or C,

which are intended for the police only.

1.4.7 Page 5: particulars of the accused

This page makes provision for the particulars of the accused. There is space for
two accused.

Their particulars are entered when a suspect is charged. A note must also be made
of the occurrence book number at the place where the person is charged. The right
thumbprint of an accused/suspect must also be inserted in the appropriate space
when the other particulars are recorded.

If there are more accused than is provided for in the case docket, the form SAPS
3M(g) ADDITIONAL ACCUSED must be completed and filed under the A clip.

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 LESSON 1: The criminal justice system

When the accused is charged, the case docket is presented to the commander of
the community service centre to ensure that the correct data has been recorded in
the CAS or CR.

ACTIVITY 1.10
You are still the investigator of the situation described in the scenario. Complete
the particulars of the accused.

5 FEEDBACK
The following mistakes are commonly made when this section is completed:

• The ID number of the accused is omitted. (This important piece of information

about the accused is circulated if he escapes.)
• The residential and business addresses are not verified.

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1.4.8 Page 6: information about exhibits

This page contains information about exhibits (SAP 13 reference number) and the
SAP 43 reference number when exhibits are sent to court (as well as the date on
which they were sent to court). It makes provision for a record of documentary and
other exhibits, including a list of exhibits and items sent to the Forensic Science
Laboratory (FSL) or elsewhere.

There is also a space for a description of how exhibits were disposed of, together
INVESTIGATIVE PRINCIPLES
with theFOR
datePOLICING I
and the officer’s signature. The exhibit clerk confirms this by means
of a signature and date.

activityACTIVITY 1.11
Think of five items that could be relevant as exhibits in the scenario. Complete
Thinkoffiveitemsthatcouldberelevantasexhibitsinthescenario.
Completethis
thispage
pageby using
using your
yourimagination.
imagination.

5. rOUTe OF DOcKeTS
The process starts where a complaint is received at the community service
centre (CSC). The complaint should be evaluated by the CSC personnel and
they must determine the following:
36
 If the complaint is of a criminal nature, in other words it is clear that a crime
wascommitted,acasedocket(SAPS3M)mustbeopenedbytheofficialin
 LESSON 1: The criminal justice system

1.5 ROUTE OF DOCKETS

The process starts when a complaint is received at the community service centre
(CSC). The complaint should be evaluated by the CSC personnel who must determine
the following:
• If the complaint is of a criminal nature. In other words, if it is clear that a crime
was committed, a case docket (SAPS 3M) must be opened by the official in the
CSC or the crime room.
• If the case is of a civil nature, the police should advise the complainant accordingly.
• After a case docket has been opened, the crime it deals with is registered in the
CAS or CR as a specific type of crime (eg, murder).
• The docket must immediately be transferred to the system and physically to
the crime office. The detective in the crime room must conduct the first-level
inspection.
• If this type of crime is usually handled by a particular investigation unit (such as
the commercial crime or organised crime unit), the docket is handed over to the
head or commander of this unit.
• The commander (or his/her proxy) must acknowledge receipt of the docket on
the CAS or must sign the CR.
• Particulars of the docket are immediately entered in the control register of the
detective commander. Acknowledgement of the docket must be done on the CAS.
• The commander studies the content of the docket and, in serious cases, informs
his/her commander at the next level.
• The commander then assigns the docket to an investigator via the CAS, makes
the necessary entries and gives instructions or guidance in the investigation diary
about the docket.
• Criminal investigators acknowledge receipt of the docket on the CAS. The docket
automatically appears on their individual CAS list.
• They record particulars of the docket in their personal case register, acknowledge
receipt of the docket in the investigation diary, and start the investigation.
• All case dockets in which an accused is charged must be thoroughly checked by
the commander or member appointed for this purpose.
• If the docket is ready for trial, the inspecting member must make an appropriate
entry in the investigation diary.
• When there is reasonable doubt about whether the public prosecutor is going
to prosecute the person charged, it might be necessary to submit the case to the
prosecutor for decision. Such submission may be made only on the instruction
of a commander or other member designated by him/her.
• As soon as a docket is concluded in court or is closed by an official, the investigator
hands it over, together with his/her personal case register, to the official or member
under whose immediate command he/she serves.
• This person will then acknowledge receipt in the appropriate column of the
investigator’s case register.
• The unit commander completes the appropriate column in the case control register
and hands the docket to the station commander or his/her appointee who also
signs the case control register.
• The station commander or his/her appointee will then file the concluded docket.

OVM1502/137


1.6 CONCLUSION OF CASE DOCKETS

All case dockets must be closed under some heading before they can be filed. If
you consider the route of the case docket described above, who do you think must
close a docket? The answer is any officer or inspector who has been appointed as a
station commander and/or commanders of branches or units.

It is important to note that there are two types of dockets:

• dockets submitted to court
• dockets not submitted to court

1.6.1 Dockets submitted to court

All cases that come before a court must be closed under one of the following headings:
• File
• File: warrant issued
• File: identifiable property not recovered

[Link] File
The checking and closing of dockets in which persons were charged are important.
Dockets are closed under the heading “File” when the case has been concluded in
court and all prescribed documentation has been completed.

Sometimes an accused is found guilty or a case is withdrawn. In these instances,

officials must, among other things, check that
• these dockets are not filed until the relevant docket has been checked by a
designated official or member when, for instance, it is obvious that other suspects
are still at large and are positively connected to the crime
• reasons for withdrawal or discharge have been recorded in the investigation diary
• further investigation is undertaken when circumstances warrant it

When a conviction and sentence have been obtained, the docket must be thoroughly
checked before closing. This will ensure that
• all members of gangs are captured, especially in robberies and burglaries
• all the accused against whom evidence is available are brought before the court,
except when they have been indemnified from prosecution
• all attempts have been made to trace stolen properly not yet recovered
• as many charges as possible have been brought against the accused on the basis
of the available evidence
• all exhibits are disposed of, including those not submitted to court

ACTIVITY 1.12
Use the discussion above and list the things that an official must check before
closing a case docket in the following circumstances:
(a) a case in which there was an acquittal or charges were withdrawn
(b) a case in which a conviction and sentence were obtained

38
 LESSON 1: The criminal justice system

6 FEEDBACK
The information you need to complete this activity is in the notes above. This is
merely a chance to revise what you have learned.

[Link] File: warrant issued

Sometimes, a case brought to court cannot be concluded for some reason or another.
For example, the accused might have escaped before sentence was imposed or he
might have evaded capture and trial with his accomplices. In such cases, dockets are
closed as “File: warrant issued”. The date on which the docket must be resubmitted
for further investigation must be written in red ink on the front page of the docket.
This date might be in one month or even one year.

[Link] File: identifiable property not recovered

Some cases are dealt with in court although not all identifiable property have been
recovered. This occurs particularly when valuable property such as motor vehicles and
firearms, have been stolen. It may happen that a docket has already been destroyed
by the time the property is recovered. Note the SAPS Standing Orders with regard
to these kinds of dockets. Among other things, the prescriptions provide that they
must be preserved longer than the prescribed period. Appropriate annotation must
therefore be recorded on the docket.

1.6.2 Dockets not submitted to court

Cases that cannot be submitted to court must be closed by an official under one of
the following headings:
• Withdrawn
• Undetected
• Undetected: warrant issued
• False

Before an official closes a case under one of these headings, he/she must give suitable
instructions regarding exhibits, warrants and any other steps that are necessary, and
then see to it that they are carried out.

[Link] Withdrawn
This classification must not be used to close a case that would otherwise have been
closed as “undetected”. There is a difference between the two. If the complainant
does not wish to proceed with the matter (effectively giving permission for the
offence against them) or if the prosecutor believes that, in the interests of justice,
the prosecution should not proceed, the matter is withdrawn. “Undetected”, on the
other hand, means either that there has not been sufficient evidence to identify the
perpetrator or that there are no leads whatsoever to lead to a positive result.

If an offence has been reported and if there is sufficient evidence that the accused
has committed it, the police may not withdraw the case simply because they consider
prosecution undesirable. In such a case, the police have no option but to refer the
matter to the public prosecutor who has to decide whether to prosecute or not.

OVM1502/139


In a trivial matter, a complainant may be allowed to withdraw a charge not yet referred
to the public prosecutor. However, this will not be permitted in a serious case or in
any other case if the circumstances are such that, in the interests of public justice,
the case should be prosecuted.

Before an official grants permission for the withdrawal of a charge, he/she must
ensure that there has been no attempt to compound the crime. Compounding a crime
is when a complainant forces the suspect to compensate them or face prosecution.

The complainant should sign a document (withdrawal statement) requesting the

withdrawal of the charge and giving reasons for this action. Should a complainant
wish to withdraw a charge after the case docket has been sent to the public prosecutor,
they must be referred to that official. On no account should the police suggest that
a complainant withdraw a charge.

Should a complainant disappear and prove to be untraceable, the docket must be

closed as “Withdrawn: complainant untraced”. This manner of closing must be
substantiated by means of affidavits by either the witnesses (the neighbours or others)
or the investigator.

[Link] Undetected
If an offender is not traced during the investigation and if it is clear that a crime has
been committed, the case docket must be closed as “Undetected”.

In the case of stock theft, there is often doubt as to whether the stock was actually
stolen. Unless the missing stock or a substantial portion of it has been recovered or
unless the complainant has made a mistake, this stock must be presumed stolen and
the case must be closed as “Undetected”.

If the complainant who reported a case cannot be traced, the case docket will always
be closed as “Undetected: complainant not traced”. This manner of closing must be
substantiated by means of affidavits by the investigator and witnesses (neighbours
and others).

ACTIVITY 1.13
As we have mentioned above, the wording you use to close a case docket is im-
portant. To practise this skill, indicate the wording that you would use to close a
case docket when neither the offender nor the complainant can be traced.

There are also prescriptions for other case dockets that are closed as undetected.
They stipulate that such dockets must be preserved longer than the prescribed period.
This applies in the following cases:
• when valuable property such as motor vehicles, firearms, cameras and radios, are
involved and when the serial numbers of these items are known
• when identifiable fingerprints or palmprints have been found

Certain crimes never superannuate or prescribe. This means that they never expire
(section 18 of the Criminal Procedure Act 51 of 1977). Crimes normally prescribe
after a period of 20 years. In other words, after 20 years the perpetrators cannot be
criminally prosecuted. If such a case has been closed as “Undetected”, the official

40
 LESSON 1: The criminal justice system

who closes it must, depending on the circumstances of the particular case, determine
the month and year in which the docket has to receive attention once again and note
it in red ink on the front page of the docket. Crimes that do not superannuate are
• murder
• treason committed when the Republic is in a state of war
• robbery if aggravating circumstances were present
• child-stealing
• rape

One exception is the crime of theft because it is regarded as a continuing crime. If

a thief remains in possession of the stolen article, he can still be prosecuted, even
after 20 years.

[Link] Undetected: warrant issued

If a warrant has been issued for the arrest of a person whose identity is known, the
case docket must be closed as “Undetected: warrant issued”.

To facilitate further enquiries to trace a suspect, the month and year in which the
case must be reviewed should be endorsed in red ink on the front page of the docket
(a typical example of brought forward).

A case may be closed as “Undetected: warrant issued” if the evidence in the docket
provides conclusive proof that
• a crime was committed
• the perpetrator’s involvement is beyond reasonable doubt
• a warrant for the perpetrator’s arrest was issued but he could not be traced

If it will serve no purpose to devote further attention to such a case, the case docket
should be marked “File: final”.

The cancellation of a warrant of arrest is based on the availability of the complainant,

witnesses, and so forth. The determining factor should be whether the case can
still be provided in court. An investigator cannot have a warrant of arrest cancelled
before such an instruction has been given by the station or detective commander
or another authorised official.

Check the following before closing a docket:

• Was the complainant informed of the feedback?
• Was SAPS 69 completed and filed?
• Was property noted in SAPS 13 destroyed or handed to the lawful owner?
• Were all circulations done regarding suspects, vehicles, firearms and goods?
• Was an informer’s claim submitted when required?
• Was SAPS 6 check list completed by all parties?
• Was the brought-forward date given if necessary?

OVM1502/141


1.7 RE-OPENING OF CASE DOCKETS

The following process is applied for brought-forward (B/F) dockets:
• The archive clerk re-opens the case on the CAS.
• The docket is sent to the detective commander who acknowledges receipt of
the case.
• The detective commander assigns the docket to an investigator for further
investigation.
• The investigator acknowledges receipt of the case.

1.8 INSPECTION OF CASE DOCKETS

The inspection of case dockets ensures supervision and effective investigation.
Various supervisors are tasked with different levels of inspections. The different
stages of docket inspection will be discussed below.

1.8.1 First level of inspection

This is the most important level of inspection and has the following purposes:
• It ensures that the police official attending to the initial complaint has complied
with the minimum standards set for preliminary investigations.
• It serves as an evaluation and as training for the member on an operational level.
• It ensures a minimum standard of service.
• It enables the detective to start with an investigation immediately.
• It ensures that the correct data is captured on the CAS.

It is the responsibility of the CSC commander or the crime office commander to

perform the first information-of-crime inspection and give guidance to the member
who took down the statement and opened the docket.

Note:
If the above is done diligently, the problem of poor statement taking is eliminated.
There would be no mistakes with the capturing of charges on the docket and on
the CAS.

1.8.2 Check list during case docket inspection

An X is used to indicate whether the following have been done or not:

NO. CHECK DONE NOT DONE

1 The front page of the case docket
(SAPS 3M) has been completed.
2 The A-1 statement has been
completed. The preamble meets the
prescribed requirements and the SAPS
3M form has been completed.
3 The A-1 statement contains all ele-
ments of the crime.

42
 LESSON 1: The criminal justice system

NO. CHECK DONE NOT DONE

4 The A-1 statement is filed and properly
indexed.
5 Proof of report is handed to the
complainant.
6 A full description of the scene of crime
is given.
7 Details of witnesses are provided.
8 The SAPS 14 number (the cell register
number) is recorded if an arrest was
made.
9 Exhibits have been confiscated.
10 The SAPS 13 number (property
register) is indicated on the front page
of the docket.
11 The criminal record centre (CRC) has
been notified.
12 Vehicles or goods are circulated if
necessary.
13 Ensure that sections A and B of the
SAPS 6 check list have been completed.

1.8.3 24-hour inspection

The purpose of this inspection is to ensure that
• the complainant has been interviewed
• the necessary attention has been given to suspects who are in custody
• the follow-up investigation receives immediate attention
• all available investigation resources are used (eg, fingerprints and computer systems)
• guidance is given, especially to inexperienced investigators
• first-phase circulations have been done
• the detective commander is up to date with complaints that were received
• case dockets are distributed among personnel after taking into consideration
factors such as their experience and competency
• immediate attention is given to serious complaints

The purpose of the 24-hour inspection is to avoid a delay in the follow-up investigation.
Entries in the investigation diary (SAP 5) must be made in such a way that they
assist the detective to do a quality investigation into the case. The commander of
detectives at station level must ensure that 24-hour inspections are conducted and
that the detectives acknowledge receipt of the case docket/s.

The case docket must be visually inspected 24 hours after the case docket has been
allocated to a detective. Guidance must be given on the gathering of evidence, the
locating/arrest of suspects and the progress of the investigation. Outstanding computer
information must be entered on the CAS. The date of the next inspection must be
indicated in the investigation diary (SAP 5) as well as on the CAS.

OVM1502/143


1.8.4 Brought-forward inspection (monthly)

The purpose of this inspection is to
• ensure that all case dockets a detective received have been visually inspected at
least once a month by means of a brought-forward inspection system
• ensure that all clues or possibilities in apprehending the suspect/s have been/are
being followed up and that a high quality of investigation has been maintained
• advise and assist the detective if necessary
• identify training needs
• identify and solve any problem which might influence the investigation process
• ensure effective control over all case dockets
• ensure that all actions regarding the case docket are registered on the CAS so
that correct operational/management information can be obtained from the CAS
as well as the SAP 6

This inspection will ensure that the progress and eventual success or failure in the
investigation of case dockets are monitored on a continual basis. The commanders
of detectives at station level are therefore always well-informed about investigations
conducted by their personnel. This is not a once-off inspection. It must be done on
a regular basis to ensure that case dockets showing no further success or solution
are disposed of.

The commander of detectives at station level is responsible for ensuring that once
a month a brought-forward inspection is conducted of all case dockets still under
investigation. They must also ensure that all case dockets are inspected at least once
a month. While inspecting the case dockets, the commander of detectives at station
level must conduct an interview with detectives regarding their case dockets. A full
inspection record must be written regarding members’ case dockets.

The monthly transfer of case dockets must be performed with the assistance of
CAS/CR and the docket control list to ensure the even distribution of case dockets
to detectives. The docket control list serves as a managerial aid and ensures that all
case dockets received by a detective have been inspected once a month.

1.8.5 Inspection of case dockets to public prosecutor for decision

The purpose of this inspection is to ensure that the case docket has been fully
investigated before it is forwarded to the public prosecutor. Care should be taken
that all information or evidence is gathered to assist the public prosecutor in his/
her decision to prosecute or not.

The commander of detectives at station level must ensure that all case dockets have
been inspected before they are forwarded to the public prosecutor. This person must
also certify in the investigation diary (SAP 5) that the case docket is complete and
that it contains all information or evidence. The case docket must be booked out to
court and the CAS must be updated accordingly.

1.8.6 Inspection of case dockets to court for prosecution (or trial)

The purpose of this inspection is to ensure that
• the case docket is ready for the prosecution process (trial)
• case dockets are received in good time at court

44
 LESSON 1: The criminal justice system

The commander of detectives at station level must ensure that all the case dockets that
are forwarded for prosecution (trial) have been inspected. Before a case is referred to
court (for trial), the commander of detectives at station level must evaluate the case
docket to determine if the following steps and actions have been taken:

Steps Actions

1 Statements have been obtained from all witnesses.

2 All witnesses have been properly warned or summoned for court

attendance.

3 The SAP 69 is available.

4 The case has been properly investigated (to be proved in a court).

5 Forensics and other expert reports which are relevant to the case
have been filed in the case docket.

6 Exhibits are available for prosecution as requested by the state

prosecutor.

When the inspection has been conducted, the commander of detectives at station
level must make an appropriate entry in the investigation diary (SAP 5) certifying
that all available evidence has been gathered and that the case dockets have been
thoroughly investigated so that they are ready to be presented in court.

1.8.7 Inspection of case dockets from court

The purpose of this inspection is to ensure that
• all requests, comments or instructions of the public prosecutor are brought to
the attention of the investigator and complied with
• the commander of detectives at station level is able to exercise control over case
dockets that are sent to and received from court
• the commander of detectives at station level is kept up to date with the progress
of the cases investigated by his or her detectives

The commander of detectives at station level must ensure that all the case dockets
from court have been inspected. Note the following steps and actions relating to
this inspection:

Steps Actions

1 The commander of detectives at station level must bring all

requests, comments or instructions by the public prosecutor,
magistrate or judge (in the investigation diary – SAP 5) to the attention
of the detective.

2 The detective must cancel all notices, if relevant to the case, by

forwarding an SAP 92 to the criminal record centre.

OVM1502/145


Steps Actions

3 The detective must dispose of all exhibits according to the instructions

issued by the commander (officer).

4 The detective must complete and dispatch all fingerprint records

(SAP 69).

5 The detective must complete an SAP 62 for all sentences of six

months or longer.

6 If applicable, the FSL must be notified of the outcome of the trial.

1.8.8 Annual inspections

The purpose of this inspection is to
• ensure that training needs have been met
• evaluate the managerial skills of the zone commanders: detective service
• ensure that a high investigation standard is maintained

The Provincial Head: Detective Service is responsible for annual inspections. The
work of the Zone Commanders: Detective Service must be inspected once a year.
The Provincial Head: Detective Service must forward a consolidated inspection
report to the Divisional Commissioner: Detective Service before 1 June of each year.

The consolidated inspection report must contain the following information:

• whether the national policy and procedures for the detective service have
been complied with
• the quality of investigations
• problems and what has been done to solve them
• training needs and what has been done to meet them
• the management of intelligence
• whether inspection procedures have been complied with
• proposals with regard to policy issues, work procedures or any other issues

1.9 CONCLUSION
A case docket is the most important document a criminal investigator must complete.
In this Lesson, we have covered the most important aspects of the case docket so
that you are able to complete it properly. If you need further information on aspects
such as the filing of dockets, please consult the Standing Orders.

46
 LESSON 1: The criminal justice system

STRUCTURE OF THE MODULE

OVM1502: Investigative Principles for Policing I

LESSON 1 You will NOW LESSON 2

The criminal start Obtaining information and
justice system
LESSON 2. recording statements

Key areas of study Key areas of study

(1) Basic concepts
(2) Relationship
(1) Definitions
with the public (2) Methods of taking notes
prosecutor (3) The investigation and
(3) Case docket
(4) Route of information techniques
dockets (4) Types of statements
(5) Conclu- (5) Interviewing of suspects and
sion of
You have now
case COMPLETED witnesses
dockets Lesson 1. (6) Confessions
(6) Reopening (7) The statement
of case dockets
(7) Different types
of inspections
Self-assessment
questions

Key words

Statements; investigation notes; pocketbook; corroboration

OVM1502/147


2 LESSON 2
2 Obtaining information and recording
statements

Definitions

Statements Communication, declaration, explanation, report or

testimony.

Investigation notes Written notes by an investigator usually made in

a pocketbook for investigative record keeping and
evidence gathering.

Pocketbook A notebook issued in accordance with Standing Order

(General) 252 that every police member must keep
in his or her possession for notetaking when on duty.

Corroboration The presentation of evidence which confirms or

supports evidence presented earlier. During a trial or
tribunal, corroborated evidence will assist a presiding
officer (Van Rooyen 2018:192).

2.1 INTRODUCTION
Now that you have a good idea of the judicial system and how you, as an investigator,
fit into the system, we can discuss how you should obtain information and record
it in the most efficient way.

Obtaining information is the primary goal of any investigation. It is the reason for
any investigator’s existence. An investigator has to ask certain questions before he
or she launches an investigation. These questions will guide the investigation and
determine what has to be done and how it will be done.

Information can be obtained and recorded in different ways. The way in which
someone is approached for information indicates whether the person is a suspect,
a witness or a complainant. Information has to be recorded in a permanent and
retrievable form. The best way is a written statement. All good statements are based
on the notes an investigator makes during the initial interview. Notes can be written
on anything that is readily available. While some investigators prefer A4 paper, the
most obvious choice is a pocketbook because all investigators must have one while
they are on duty.

A 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 or a departmental nature. Various kinds of statements
are used for different purposes.

48
 LESSON 2: Obtaining information and recording statements

In this module, we will be considering the process of obtaining information and the
ways in which this can be done. We will also examine various kinds of statements.
We will examine their purpose, structure and the correct procedures, and explain
why a statement should conform to certain minimum standards. The sections of
the Criminal Procedure Act 51 of 1977 that are important for particular kinds of
statements will be mentioned to assist you in conducting your own research. Please
note that, unless otherwise stated, we refer to the Criminal Procedure Act 51 of
1977 as the CPA.
Because this is such an important chapter in the investigation process, you can expect
a repetition of facts. This is done deliberately to remind you of the importance of
vigilance when you interview people, take notes and record statements.

2.2 DEFINITIONS

2.2.1 Information
Information is data or knowledge about a subject (Zinn & Dintwe 2015:445)

2.2.2 Statement
The New Collins Thesaurus (McLeod 1987:486) describes a statement as a “communication,
declaration, explanation, report or testimony”.

2.2.3 Testimony
Whatever a person who testifies tells the court is his or her testimony (Van Rooyen
2018:85).

2.3 BACKGROUND

2.3.1 Terminology
The terminology used in civil procedures differs from that used in criminal procedures.
In criminal cases, the person under investigation is referred to as the suspect and,
when charged before court, the accused. The state is the party taking action in a
criminal trial, and is referred to as the prosecution. The victim or the person who
has suffered injury is called the complainant. Criminal actions are undertaken
by the local senior public (or state) prosecutor who prosecutes as a delegate of the
Director of Public Prosecutions.
In civil matters, the person against whom action is taken is referred to as the
defendant. The party taking action is referred to as the plaintiff. An action for
damages is instituted in the civil court by way of a notice of action in which the
defendant is informed of the pending action.
The SAPS is solely responsible for investigating and preventing crime. A number of
other agencies in the country have mandates that either conflict with or complement
those of the SAPS. It is not the purpose of this Lesson to deal with these agencies.
The aim is to discuss statements, their value and the way they should be taken to
enable any agency, whether criminal, civil or departmental, to record a proper,
coherent and logical statement after obtaining the necessary information.

OVM1502/149


2.3.2 Information
Because information comes in so many forms, it is impossible to list all of them. It
is sufficient to say that everything we hear, see or read is information in some form
or another. What we hear from others or over the radio, watch on television or read
in the newspaper is information. Some information is funny, some is serious, some
stirs feelings in us whereas others causes us to make decisions or to act in a particular
way. The investigative process is no different.

Some people argue that it is unnecessary to obtain information before recording

a statement. They believe that the deponent or witness knows what has to be said
and that the role of the investigator is merely to record it in an acceptable form. But
a proper statement cannot be taken unless all the information has been obtained
from the deponent. The investigator is responsible for casting the facts in a logical,
coherent and legally acceptable format without changing or adding to them. Thus,
the deponent must be interviewed to establish the facts and determine what has to
be done about the matter.

2.3.3 Obtaining information

Obtaining information from a person depends upon the circumstances of the
investigation. Information is obtained from various categories of people,
namely complainants, witnesses, suspects and the accused. Your approach and
attitude will differ depending on the category of people you deal with. Let’s briefly
explain each category. We will cover them in detail later in the Lesson.

[Link] Complainants
These are people who, because they have suffered some kind of loss or experienced
some kind of trauma, approach the authorities for assistance. Unfortunately, some
so-called complainants have ulterior motives and pretend to have suffered a loss
to cover their own criminal activity. For example, some people pretend that their
homes have been broken into so that they can claim from their insurance company.
When these people are caught out, they can be charged for offences ranging from
fraud to making a false declaration under oath.

[Link] Witnesses
People who have witnessed a crime are referred to as primary witnesses. They are
also eyewitnesses. We will deal with them in detail at a later stage.

Other witnesses give formal evidence. They could be referred to as secondary

witnesses because, although they did not witness the crime, their testimony is vital
to the success of the prosecution. Secondary witnesses are, for instance, officials
in banks, government departments, local authorities and organisations responsible
for keeping official records. When entries in their records are required as evidence
in a trial, these authorised persons issue 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: sometimes a witness may turn out to be an accomplice or even

an accused, so you should always be vigilant.

50
 LESSON 2: Obtaining information and recording statements

[Link] Suspects
People who are involved in crimes are referred to as suspects. They may or may not
have been arrested, have not yet been formally charged and have not appeared in
court. These are individuals whose involvement in crime has not been established
beyond any doubt. They have certain rights in terms of the Constitution and the
judges’ rules. Great care should be exercised when dealing with this category of
person because infringement of their rights may lead to all kinds of problems, the
least of which is acquittal.

[Link] Accused
Once a suspect has been charged, he/she is referred to as an accused. The next step
is to get the accused to appear in court. This is done either by arrest and detention
until the case is brought before the court, or by release on bail until the court date,
or by serving a written warning or a summons on this person. (See section 38 of
the CPA.)
Like suspects, accused persons enjoy certain constitutional rights, the most important
of which are a speedy trial and, of course, being innocent until proven guilty.

2.4 METHODS OF TAKING NOTES

No one is able to remember everything that was said during an interview. Especially
when an investigator is called upon to testify about what an accused said or did not
say. The best way to remember is to make notes while a person speaks. These notes
are referred to as contemporaneous notes and can be used during a trial to either
refresh the investigator’s memory or rebut a particular defence. There are certain
conditions for when notes are used during a trial. One of them is that notes used in
court must be made available to the defence.
In many instances, cryptic notes are scribbled on a piece of paper, the back of a
cigarette box or any other surface. They are vital pieces of evidence and should be
seized by the investigator 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 jotted down was, for instance, a wall, a floor or sand, and cannot be
seized (because it is too large, impractical or fragile), it should be photographed. (See
section 232 of the CPA.)
Notes are taken in various ways. We will discuss the most common ones.

2.4.1 Voice recorder

For basic interviewing, a voice recording is an excellent way of proving what a person
has said. Once transcribed, it can be used to formulate a statement
There are always disadvantages to using technological aids. Among these are
availability and limited battery life. A voice recorder can also be plugged into a
laptop computer with a USB cable.
Once a recording has been made of an interview or interrogation, the recording should
be secured on an encrypted file on your laptop and a copy taken to the Electronic
Analysis Unit of the FSL to be duplicated for investigation purposes. The duplicate
can be used for transcription or further duplication.

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2.4.2 Audio-visual equipment

This refers to a video recording. It is an effective way to disprove any possible
allegations of impropriety, assault, harassment or intimidation on the part of the
investigator. It can be shown in court and, if properly identified by the person who
made it, there should be no problem with it being accepted as evidence.

It is important to note that, in the case of the scenario, a statement must be taken
from the person who recorded it. The type of equipment used to make the recording
must also be described because if it was digitally recorded, there may be an allegation
that it has been altered.

2.4.3 Written notes

Notes are usually taken in the presence of the interviewee in a number of ways.
Because taking notes makes some interviewees uncomfortable, the decision depends
on the situation and how well the investigator handles it.

Taking notes of every word a person says is impossible. It is easier to take cryptic
notes. The actual words of an interviewee should be written down when something
important is said. Never put your own interpretation to a word. If you don’t know
what a word means, ask the interviewee to explain its meaning and spell it, if
necessary. Remember that a good investigator is a good listener and a good listener
is a good investigator.

Taking notes and interviewing go hand in hand. An investigator may ask a witness to
repeat her story a number of times so that the sequence of events can be established.
This refers to the chronological order of events from beginning to end. Divide the
witness’s story into events or incidents. A number of incidents make up a whole story.
These incidents took place either in succession, simultaneously or over a period of
time. In serious cases, ask the so-called 5-W’s-and-1-H questions (who; what; where;
when; why; and how). Five questions start with a “w” and one with an “h”.
• Who – Who are the people involved in the matter? Are they known? Can they
be identified?
• What – What exactly happened? What can be determined from the events?
• Where – Where was the witness when the events took place?
• When – When did the events take place (date and time)?
• Why – Why was the witness able to see the events?
• How – How did the events take place?

The advantage of this method is that each event is established as a separate occurrence
and can be fully explored during the interview. As each event is examined, the
witness may remember something which can be added. This saves the investigator
the trouble of making changes to a statement.

Another advantage is that, if there are several witnesses, each one may elaborate on
or add something to a particular event which could be of great importance in the
case. Remember that witnesses will never be in perfect agreement as to what exactly
happened. An investigator has to examine and compare accounts of events to decide
if there is agreement and if further investigation is needed.

It is suggested that a page be divided by drawing a line from the top to the bottom
about three quarters across the page. The wider section on the left-hand side is where

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 LESSON 2: Obtaining information and recording statements

the interview notes are made. The narrower section on the right-hand side is where
the investigator notes facts that require an explanation. This way, the witness is not
constantly interrupted and can relate the story in a relaxed way.

Once the case has been divided into a chronological series of events, it is easy to
draw a schematic presentation of what happened as blocks and insert the names
of the various witnesses who are able to testify to the particular event under each
block. No matter how hard you try, you will never succeed in investigating a case
in its chronological order. This method offers a practical solution to this problem.
You now have the names of all the witnesses and the reference numbers of their
statements at a glance. This saves you the trouble of paging through the whole file
to find a particular statement. It will also assist the prosecutor who reads the case to
make a decision. No docket is arranged according to the chronological order of events.

A person who is not acquainted with the manner in which a particular docket 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 docket, the schematic presentation will make it
easy to put the docket together again and will save you a lot of frustration.

2.4.4 Using a pocketbook

The most important duty that any investigator has is probably keeping record of what
he does in the line of duty. We are referring to keeping a pocketbook as prescribed in
Standing Order (General) 252 which states, among other things, that every member
below the rank of officer must keep an official pocketbook which they must always
have in their possession when on duty. Entries must be made in black ink at the
time of the occurrence giving rise to the entry or as soon as possible afterwards. It
is essential that entries in the pocketbook are made in the order in which they occur.
Blank spaces between entries are not allowed.

OVM1502/1 53


The exact place and time of investigations, statements and the seizure of exhibits
must be entered. Because of circumstances, you are not expected to make entries
in your best handwriting. Entries must, however, be made without delay and while
the events or occurrences are still fresh in your memory.
In the witness box, you may refresh your memory of the facts of an event by referring
to any note you made during or shortly after the event in your pocketbook. The
defence as well as the presiding officer are entitled to see the entries you consulted.
You may be subjected to cross-examination as to the circumstances under which the
entry was made in your pocketbook. All entries must be a true account of the events
because your evidence may be rejected if inconsistencies arise between recorded
evidence and that given in court (Standing Order [G] 252).
A pocketbook serves the same purpose for an investigator as an occurrence book
for a member in a CSC. Its value as a contemporaneous note (note taken at the time
of the occurrence) becomes clear after weeks, months or even years have passed.
When the memory has faded, you may be called to give evidence on what happened
a long time ago.
Please take note of what has been said above about keeping a pocketbook and apply
it diligently. Practise to keep a pocketbook so that it becomes second nature. Not
only will you impress your superiors, but you will soon acquire the reputation of
a reliable, trustworthy, dedicated and meticulous witness. Judges and magistrates
will have great respect for you and you can be sure of favourable comments about
your credibility. It makes you proud to receive a commendation from a judge or a
magistrate. This favourable comment may even be reflected in a judgment of the
Supreme Court of Appeal.

2.4.5 Investigation notes

To make effective investigation notes, you have various technological aids at your
disposal. These aids vary from pen and paper to modern video recorders. We will
now discuss the most common and effective methods crime investigators use today.

[Link] Pocketbook recording

Investigation notes and crime investigation go hand in hand. Investigation notes
are usually taken in a preliminary form in the investigator’s pocketbook. At the
conclusion of the investigation, they are used to formulate a final, comprehensive
report for presentation in court. Field notes are necessary because people rarely
remember details such as dates, serial numbers, the exact words of a victim, suspect
or witness or measures that were taken. The notes must answer the questions where,
when, why and how. The most significant information should be written down and
duplication should be avoided. Incorrect investigation notes must not be erased.
Draw a line through them so that they are still legible, initial them, and record the
correct particulars immediately below them.
The question who deals with the people involved in a crime. The question what
pertains to the property, objects and articles that are involved. The question where
relates to the geographic location of the crime scene, stolen property and physical
clues. The question when refers to dates and times, and how applies to the peculiar
habits (modus operandi) the suspected offender displayed during the commission
of the crime. It is always a good idea to record actions which emanate from a habit
and deviate from normal conduct.

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 LESSON 2: Obtaining information and recording statements

Certain crime investigators find it embarrassing to make investigation notes in public.

They usually jot down a few notes on a piece of paper and later draft an incomplete
and meaningless report. Imagine the frustration of another crime investigator if a
partially investigated case is booked out to him and he discovers that the original
crime investigator made useless or hardly any investigation notes.

The crime investigator who arrives at the crime scene and, because he believes that
the particular crime will never be solved, doesn’t bother to make investigation notes,
makes a bad mistake. Especially in such cases, comprehensive notes on the crime
scene will prove to be of inestimable value should further clues and information be
traced later in the investigation.

The moment you arrive at a crime scene, you engage in a continual process of
gathering, evaluating and comparing information. You observe the crime scene,
question witnesses, collect physical clues, and carry out many other tasks. No person
of average, even above-average, intellectual capacity can memorise all information
and compile a comprehensive report at the conclusion of the investigation.

To give evidence in court months or even years after the event is equally impossible
without proper investigation notes. Therefore, the investigation notes should be
taken at the crime scene as part of the investigation and not at a more suitable place
away from the crime scene when you have to rely on your memory.

The advantage of written investigation notes is that they are permanent and always
available. Taking notes has certain disadvantages. Firstly, your writing speed. Second,
hand cramps and an illegible handwriting. Third, it is difficult to write down every
detail and search the crime scene at the same time. Then a tape recorder comes in
handy.

[Link] Format of investigation notes

All investigation notes should have more or less the following format:
• notes about the reporting phase: case number, date, time, and so on
• notes on your arrival at the crime scene: the date and time of arrival, the address
and a brief description of the crime scene, the particulars of police officials who
were first on the crime scene and all other people on the crime scene
• initial information: the first police official on the scene’s account of what happened,
the boundaries of the crime scene and how they were determined, particulars of
investigators assisting in the investigation, and the time when the scene was secured
• a complete description of the victim
• a description (as complete as possible) of the suspect
• the preliminary investigation notes (the methods of taking investigation notes, the
number of photographs, and particulars of the photographer must be recorded
here).
• the preliminary walk-through of the crime scene: record the time when the
walk-through took place; give a complete layout of the crime scene; the point of
entry; rooms or places that must be searched; steps that were taken to collect or
protect perishable objects; the location and description of marked clues or physical
evidence; any object that appears to be out of place, damaged or of an unusual
nature; and the point of exit
• the times of arrival and departure of all personnel such as doctors and forensic
personnel

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• the searching of the scene together with instructions given to each investigator
(this includes the areas in and times at which instructions were given to each
investigator)
• collection of evidence (collected physical evidence must be described here; the
location where it was found; particulars of the investigator who found it; processing
of evidence by experts; identification marks and labels attached to physical
evidence; the method of packaging; particulars of the people who collected
it and the time of collection; particulars of continuity of possession; and any
other comments about physical evidence such as “investigate for semen stains”)
• sketch plan (indicate whether a sketch plan was made and record particulars of
draughtsmen and people who assisted in taking measurements)
• photographs (record the type of camera, lens and film used, particulars of the
photographer and the photographs that were taken. Additional information
that can be recorded is f-stop setting, shutter speed, focus distance, direction in
which the photograph was taken, for example, north-west and the time when the
photograph was taken. These days, digital cameras are used. Even the most basic
cellphones have digital cameras and can be used in an emergency.)
• Record any activity at the hospital such as name and address of the hospital,
the doctor who treated the victim, the particulars of the victim or suspect, a
description of the wounds and nature of the injuries.
• Record the particulars of an autopsy. They correspond to a large extent with the
hospital particulars. Explain how physical evidence was handled since it forms
part of the continuity of possession.
• Finalise the investigation at the crime scene. The date and time must be recorded.

When you join the police service as a student police official, you will be issued with
a pocketbook. You will be instructed about the policy for keeping and using the
notebook, surrendering it, the issuing of notebooks, and so on. Certain aspects of
the notebook are common to virtually all police forces:
• It notes the starting and finishing time of each period of duty.
• It is used to keep a contemporaneous account (unless impossible) of information
collected during an incident, for example, a statement made by a suspect or a
description given by a witness.
• You are to note where and when you have consulted with another police official
(eg, your assessor while on supervised patrol) before making an entry.
• The notebook may be used to increase the extent and accuracy of recall in court.
• Make sure the language you use is clear, understandable and based on fact.

[Link] How to use the pocketbook

The importance of your pocketbook cannot be overemphasised. You are obliged to
record all matters in this notebook. If you use it to give evidence, the court has the
right to examine it. A set of rules has been established for pocketbooks. If they are
broken, the correctness or authenticity of your entries will be questioned.

[Link] Top 10 hints about a pocketbook

(1) Carry it at all times while you are on duty.
(2) Use it to record evidence (not your own opinion, except in the case of
drunkenness).
(3) It is your supervisor’s responsibility to issue you with a new one.
(4) Always apply the general rules (see below).

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 LESSON 2: Obtaining information and recording statements

(5) It may contain useful information.

(6) You may refer to it while giving evidence.
(7) It is police property.
(8) You may draw diagrams in it besides writing in it.
(9) While on duty, do not use a piece of paper to supplement your pocketbook
or serve as an alternative.
(10) Do not lose your pocketbook!

[Link] General rules for completing a pocketbook

• Write the day, date and year and underline them before you make your first entry
for the day.
• Do not leave spaces.
• If you do leave a space, draw a line through so that nothing can be inserted in
the space.
• Always make your pocketbook entries in black ink.
• Write legibly.
• Enter the time of an event in your pocketbook. If the circumstances make it
impossible to note it immediately, do so as soon as possible after the event. Always
give a reason for not having done it at the time of the event. For example, “Because
I applied police official safety techniques, I was unable to make any entries.”
• Each entry should include the time and the location where the notes were taken.
• Write in a single line. In other words, the letters of your entries should not take
up two or more lines. (When you make drawings, you are allowed to use the
entire page.)
• Use every line and page of the pocketbook.
• Do not overwrite errors.
• Do not erase or obliterate errors.
• If you make a mistake, cross it out with a single line and put your initials beside
the deleted mistake. Write the correction straight after the mistake. If you have
turned over two pages by mistake, draw a diagonal line across the blank pages
and write “omitted in error” across the pages.
• Do not tear out or remove any of the pages or parts of the pages.
• Write all surnames in block capitals.
• Write down the names and addresses of victims, suspects and witnesses.
• Write down all identifying features such as the serial numbers of property and
the registration numbers of vehicles.
• Record conversations verbatim or word for word and in direct speech.

[Link] Summary of the rules

Pocketbook rules can be summarised by a mnemonic or a pattern of letters to help
you remember something. The mnemonic ‘’no ELBOWS” is commonly used in
police training (Bryant, 2006).
E No erasures
L No leaves torn out/lines missed
B No blank spaces
O No overwriting
W No writing between lines
S No spare pages

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[Link] Effective use of a pocketbook in court

Courtroom skills, protocol and behaviour are considered in detail later. You may
well have to refer to your notebook when giving evidence in court if it is permitted
(although, technically speaking, your notes do not constitute evidence). There is
a certain art in this. In a Police Research Series publication, Stockdale and Gresham
(1995:25) noted that, while it was recognised that reference to notes was often essential,
for a variety of reasons, many officials were criticised for being overly dependent on
their notes and for reading them rather than referring to them. Overdependence on
your notes harms the credibility of police evidence and damages the prosecution case.

The following is an example of complete pocketbook entries and it is based on the

fictional scenario below. You don’t need to study the entries for the examination,
only imitate the example in your work environment.

Scenario: Dangerous goods incident

While patrolling the N1 highway, the radio room informs you of a military vehicle
involved in an accident with a bus at a busy intersection in the city centre. It is
not yet established whether people have been injured, but bystanders complain
of a foul chemical smell. You are the first to arrive at the scene and immediately
start to enquire from bystanders while your colleague requests the radio room
to dispatch emergency medical services, the police, traffic officials and the fire
brigade. One of the military officials involved in the accident informs you that
they were on their way to dump highly toxic and flammable material when the
accident occurred. He shows you where the toxic material leaks from the military
vehicle and warns that an explosion could occur if the leak is not stopped.

Time Friday 10 January 2020 Page 33

0:45 Duty on: Report for duty, sober and free of any injury with pocketbook
2020/01, Maglite (torch), handcuffs and Z88 pistol with serial number
H878554Z and 25 rounds. Posted as passenger whereas Constable
Vena, personnel number 05008764, is posted as driver.
Personnel number: 05008765 Constable Jonathan Khumalo [signed]
Inspected by: Personnel number: 00678543 Captain Penny Major
[signed]

07:00 Patrol N1 highway between Botha Avenue and Hans Strydom Avenue,
Pretoria. Peak hour traffic, all in order with nothing to report.

07:17 Receive a report from Sergeant Thuli Mabunda at Control 7, Radio

Control regarding a military vehicle which collided with a bus at
the corner of Proes and Schoeman Streets in the Pretoria central
business district. It is not known, at this stage, whether there are
any injuries but I am informed by Control 7 that bystanders report a
foul chemical smell. Colonel Hans, commander of the radio control
room, informs me that that it could be a dangerous-goods incident
and requests a situation report as soon as possible.

07:20 Take the Hans Strydom off-ramp and proceed towards the accident
scene. Peak hour traffic delays our response time. Emergency lights
and siren are used to shorten our response time.

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 LESSON 2: Obtaining information and recording statements

Time Friday 10 January 2020 Page 33

07:50 Arrival at the scene on the corner of Proes and Schoeman Streets,
Pretoria central business district, and inform Control 7 of our arrival.

07:58 Initial observations at the scene: Camouflaged military Samil 50,

registration number BCC 512 M, collided head-on with a white
Mercedes passenger bus, registration number BCF 432 GP. A very
strong chemical odour in the air. Military personnel at the scene,
possibly the occupants of the military vehicle, assist bus passengers
and instruct them to stand back from the scene as far as possible.
Constable Vena writes a situation report to Control 7 and requests
assistance from emergency medical service, traffic department and
the fire brigade.

08:01 Driver of the Samil 50 identifies himself as Staff Sergeant Trevor

Groener, force number 97281520 PF, stationed at Wonderboom
Airforce Base. He informs me that he was transporting a highly
flammable, hazardous material when he collided with the white
Mercedes passenger bus at the intersection. I am informed by Staff
Sergeant Trevor Groener that every effort should be made to cordon
off the scene as soon as possible and order all bystanders to move
away at least 100 m from the scene. He explains to me that the liquid
leaking from the Samil 50 could react to the engine heat and cause
an explosion. He further warns against the highly flammable vapours
that could be ignited by smoking bystanders. Staff Sergeant Groener
requests immediate assistance and additional manpower to evacuate
people in adjacent buildings. Staff Sergeant Groener alleges that
the brakes of the Samil 50 failed as turned right into Proes Street.

08:10 Driver of white Mercedes passenger bus, registration number BCF

432 GP, identified as Mr Malcolm Prince Dube, ID 7205095098088,
licence number 980000000765 EC. He works for Princeton Shuttle
Services and was transporting 42 nurses from Unitas Hospital to
Netcare Jacaranda Hospital in Sunnyside. Mr Dube supplies me with
a register of all the occupants of the bus at the time of the accident
and informs me that there are no serious injuries “as far as knowledge
serves him”. I explain the dangers to Mr Dube associated with the
hazardous material and request him to take the occupants of the
bus to the Kentucky Fried Chicken, approximately 150 metres from
the scene in Proes Street.

08:18 I am approached by two street vendors who allegedly witnessed

the accident:
1. Geoffrey Koen, 13 Megan Street, Lenasia with cell: 082 310 5678
2. Temba Sukude, 1087, Block E, Soshanguve with cell: 071 345 6576

08:22 EMS ambulance with callsign “AE432”, registration number AA 321

GP, arrives at the scene. The driver introduces himself as Mr Andries
Kleynhans who is also a medic. His cell: 073 456 1213. I request Mr
Kleynhans to attend to injured persons who have been instructed
to congregate at the Kentucky Fried Chicken in Proes Street, 150
metres from the scene.

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Time Friday 10 January 2020 Page 33

08:27 Additional manpower from traffic and the fire brigade converge on the
scene. They are briefed by Staff Sergeant Trevor Groener regarding
the risks associated with the scene. They immediately assist with
closing both carriageways and with the removal and evacuation
of bystanders and occupants to a distance of at least 100 m. The
Kentucky Fried Chicken in Proes Street and Checkers in Schoeman
Street were identified as two rendezvous for all bystanders, motorists
and occupants of adjacent buildings.

08:30 Passenger of Samil 50 identified as Corporal Hansie Geyer, ID

8904025087088 and force number 85089898 PF, cell 078 676 4321,
also working at Wonderboom Airforce Base. Corporal Hansie Geyer
states that “the truck (Samil 50) was not supposed to be used for
the transportation of the hazardous material because of mechanical
problems”. I applied judges’ rules owing to the incriminating nature
of the statement by Corporal Hansie Geyer.

08:37 Investigating officer, Warrant Officer James Neethling of Sunnyside

SAPS, arrives at the scene. He is accompanied by Constable Tabo
Daniel and Sergeant Piet Kiewiet of the Collision Unit. I thoroughly
brief these members on all the aspects and information currently in
my possession.

2.5 INVESTIGATION AND INFORMATION TECHNIQUES

Before you start an investigation, the five-questions rule needs to be applied.
According to the rule, the following five questions have to be answered:
• What do I have? This question needs to be asked in every stage of an investigation
because it forces you not only to reflect on the evidence you have, but also to
determine what to do next.
• What do I need? This question forces you to think how you are to obtain the
necessary proof to secure a conviction 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 where or
from whom the evidence can be obtained. This forces you to do some planning
because investigation is a “systematic search for the truth” (Van Rooyen 2007:6).
• How do I get it? If you know the answers to the first three questions but can’t
answer the last, you need to concentrate on how to go about obtaining the required
evidence. It could mean asking for assistance, obtaining special legal authority
for a particular reason, or adopting a particular investigative technique.
• What do I do with it? You must know the evidential value of what you have. In
other words, you must how the information or evidence that you have obtained
will secure a conviction. This also has to do with the preservation of the exhibit,
in other words, protecting it against damage, theft, destruction or contamination.

Because the investigation process is so closely linked with a sound knowledge of the
law, only someone with a good knowledge of the law can be a successful investigator.
For instance, if you are unaware of the requirements of the Constitution and violate
the rights of suspects and accused, your case is doomed. You need to know the

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 LESSON 2: Obtaining information and recording statements

definition and elements of the crime you investigate because these are the points
you have to prove by way of statements. If your statement does not conform exactly
to the definition of the crime and lacks some of the crime elements, or if it does not
conform to the requirements of the law, you have a serious problem.

There is a vast difference between an investigator who has a high record of arrests
but a poor record of convictions, and an investigator whose arrest record may not be
as good, but who has a 100% conviction rate. The secret lies in knowing common
law and procedural law.

Bear in mind that a prosecutor must read the case docket before he/she decides to
prosecute or not. If the statements don’t prove that a crime has been committed
or if they are deficient in some way, prosecution will not be instituted. Prosecutors
are not mind-readers; they cannot believe facts unless they are written in black and
white. Don’t blame them if they decide not to prosecute a case which you have not
presented properly.

Before you get the idea that all successful investigators are law experts, we need to
assure you that they are not. Successful investigators are a rare breed. They know
what answers they want and are able to get them by respecting the law.

Obtaining information is a tedious and time-consuming process. It requires dedication,

perseverance, tact and a sound temperament. When information is required, the
five-questions rule determines the process to be followed. If the rule shows that an
individual is a complainant or a witness, the person is interviewed to establish what
happened or how that person is a witness.

If the rule indicates that the person is a complainant or a witness who is likely to
become a suspect and probably an accused, the process and the approach are different.

There are various techniques to obtain information, the most common of which are
interviewing, interrogation and extraction.

2.5.1 Interviewing
This is a conversation between an investigator and a person who is not suspected
of a crime. The conversation can be either formal (meaning the process leading to
an affidavit) or informal (meaning a general discussion of the case). The purpose is
essentially the same, namely to obtain information that will lead to the tracing of
the suspect and the recovery of assets.

A very handy and effective aid to obtain information from a witness is the TED
principle. TED stands for tell, explain and describe.

The TED principle is used to prompt the witness to talk. A witness should not
merely reply to a series of questions like a robot. TED allows the interviewee to relax
and communicate more effectively with the interviewer. Here are some examples:
• Tell (when trying to establish a person’s background): “Tell me about yourself.”
• Explain (when trying to find out what a person was doing at a particular place):
“Explain to me what you were doing there.”
• Describe (when trying to get a person to tell you what he/she saw): “Describe
the scene to me.”

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ACTIVITY 2.1
Use the TED principle to formulate six questions you could ask the security guard
in the scenario.

7 FEEDBACK
We cannot give you “correct” questions as there are too many that could be asked
to get the desired result. Just make sure that you have applied the principles men-
tioned above and that your questions are always polite and respectful. Remember
that the purpose of questions, in a police interview, is to get at the truth of the
matter under investigation, gather information and obtain evidence.

It is a good idea to take notes of what a person says (see section 4).

2.5.2 Interrogation
Interrogation takes place when a police official questions a suspect to get at the
truth and to determine the suspect’s role in a matter. It is a formal discussion and
the suspect’s constitutional rights as well as the judges’ rules must be taken into
consideration. Witnesses may also be interrogated, especially when they are hostile
or uncooperative. There are legal ways to ensure that a witness gives evidence in a
criminal matter. As an investigator, you should be aware of the remedies available
to you if witnesses are reluctant or refuse to give evidence. (See sections 179 and 205
of the CPA as well as section 8.2 below.)

2.5.3 Extraction
This highly unconstitutional and illegal form of interrogation entails getting at the
truth by means of assault, torture, threats, intimidation or chemical agents such as
sodium pentothal (the so-called “truth serum”).

2.6 TYPES OF STATEMENT

2.6.1 Sworn statements

These vary according to their use. The most common, as far as criminal investigations
are concerned, are those taken by members of the SAPS and other organisations
whose members are commissioners of oaths. These statements are made under oath
and are known as sworn statements or affidavits. They are taken by investigators
from complainants and other witnesses and are used in criminal prosecution.

It does not mean that only commissioners of oaths can record sworn statements
or that all sworn statements are used in criminal prosecution. Any person can
take a statement, irrespective of whether he/she is a commissioner of oaths or not.
It becomes an affidavit only when the contents are sworn to as the truth before
a commissioner of oaths. To put it simply, if A (who is not a commissioner of oaths)
records a statement for whatever purpose from B and that statement is taken by B in
unsigned format to C, who is a commissioner of oaths, and where B and C comply
with the requirements for affidavits in section 6.2 below, it becomes an affidavit.

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[Link] Commissioner of oaths

A commissioner of oaths is a person who has been appointed in terms 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.

Some people are commissioners of oaths by virtue of their official capacity such
as SAPS members, postmasters and clerks of the court. These appointments are
referred to as ex officio appointments, meaning that the people are appointed by
virtue of their official capacity.

[Link] Requirements for making an affidavit

An affidavit has to meet certain legal requirements to be an acceptable and legally
binding document. These requirements are set out in Government Notice GNR1258
of 21 July 1972 (South Africa 1972), which reads as follows:

“1. (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

affirmation 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
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 commissioner 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 commissioner 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.

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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) sign the declaration and print his full name and business address
below his signature; and
(b) state 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.

6. A commissioner of oaths shall not charge any fee for administering any oath
or affirmation 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 the obtaining of registration in a 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.”

[Link] Administrative arrangements

Many organisations, notably the 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 good practice to know the wording of the certificate prescribed in the regulations
by heart because a pro forma is not always available in the field.

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 LESSON 2: Obtaining information and recording statements

Unfortunately, certain investigators (who have not learnt the wording of the certificate)
leave it to until they are they are back at the office and able to use the pro forma.
This practice is to be strongly condemned because it is against the regulations above.

We may well 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 to
print not only their full names – first and last names – but also their full business
address. This requirement is probably due to the fact that an illegible handwriting
makes it difficult to identify them. Printing this information makes it easier to read.

The reason for requiring printed names and addresses is to identify and trace
the commissioner of oaths if the deponent denies that the statement was an affidavit.
This is common when a deponent is prosecuted for making conflicting statements
under oath or when the validity of a warrant of arrest or of search and seizure is
contested in court. There is nothing more demoralising than losing a case on which
a lot of effort and time were spent because of an oversight in properly completing
an affidavit (not to mention the possibility of facing civil claims).

A deponent must be informed of the serious implications of making an affidavit,

especially when it is to be used to prosecute another person. Therefore, a deponent
must be made aware of the meaning of the words in the affidavit and their connotations
in terms of the crime that is investigated.

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

to determine the street address at which the person conducts his/her business and
to trace the person if it becomes necessary to determine whether the affidavit was
properly sworn to. Don’t give a post box address or other address that cannot be
visited or found because it is vague or incorrect.

Any statement, an affidavit or whatever statement, must be unambiguous, clear,

understandable and to the point. The meaning of words must be the meaning given
to them in normal usage. 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 whose meanings can be interpreted in different
ways.

2.6.2 Affirmation or solemn declaration

When the person making the statement has religious objections to taking an oath or
is not of the Christian faith, an alternative to the oath is administered. This alternative
to the oath (which has the same binding and legal power as an oath) is called an
affirmation or solemn declaration. The procedure regarding its administration was
discussed in section 6.1.2.

2.6.3 Unsworn evidence in court

You are sure to come across instances when a witness, as a result of youth, a
limited education or any other cause, does not understand the nature and import 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 proceedings,

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section 164 makes provision for an admonition by the presiding judge or presiding
official for the witness to speak the truth when it is clear that such a person is unable
to understand the nature and import of the oath or affirmation. This admonition
carries the same weight as an oath or affirmation and a witness can be prosecuted
for perjury or statutory perjury if they make a false statement.

In this situation, you should obtain an unsworn statement from the witness and discuss
the matter with the relevant prosecutor. The CPA determines that only a judge or a
presiding officer may do the admonishing; therefore, it 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 should serve as sufficient grounds for issuing a warrant.

2.6.4 Unsworn statement

The value of unsworn statements must not be underestimated. Although they are
not affidavits, unsworn statements 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 owing to his/her young age, defective education
or another cause. In these cases, the presiding officer admonishes the witness to
speak the truth.

For investigation purposes, an unsworn statement is limited in its application unless

it is either attested to before a commissioner of oaths or supported by other facts.
The unsworn statement of a suspect is of great value in checking a possible alibi
or contradicting a particular defence. It is a pity that many good and experienced
investigators – particularly those in private practice who are not ex officio or
appointed commissioners of oaths – are unable to take sworn statements.

2.6.5 Dying declaration

A dying declaration is one of the exceptions to the hearsay rule. A dying or deathbed
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 him/her before dying. Under normal circumstances, a person cannot
give evidence based on what someone else told him/her. Exceptions to this rule do
not form part of this discussion. A dying declaration is also subject to requirements
that do not form part of this discussion.

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 LESSON 2: Obtaining information and recording statements

2.6.6 Statements made by the accused/defendants

An exculpatory or explanatory statement made by a suspect or an accused in a
criminal matter is referred to, in lay terms, as a “warn and caution” or a “judges’
rules” statement. These statements are, as a rule, not sworn to, especially when taken
by the investigator. Nothing in law prohibits them, but the courts will most certainly
frown upon them, because they tend to prejudice the accused in his defence and
infringe the accused’s constitutional rights.

An accused may prefer to submit an exculpatory statement in the form of an affidavit

made before his legal representative. This would be acceptable because the accused
is properly represented. An investigator will be well-advised to approach this issue
with great caution since the slightest infringement of an accused’s rights may result
in losing the case and severe criticism from the judiciary.

A replying affidavit by a defendant in civil litigation is totally different and acceptable

because the matter is usually dealt with by way of affidavits.

2.6.7 Role of private investigating bodies

The role of civilians in the investigation of criminal cases and civilian and departmental
issues is an important one because they are able to assist the SAPS and other official
investigation bodies in their task. Although their role is secondary to that of the
official bodies, they contribute to the detection of crime and other issues that fall
outside the mandate of the SAPS. Civilian and departmental investigating bodies
concentrate on disciplinary issues and the recovery of money and assets lost or
damaged through internal misconduct and maladministration.

Their part is limited as far as criminal investigations are concerned because they do
not have the powers of law enforcement bodies such as the SAPS or the National
Directorate of Public Prosecutions.

These investigative bodies are as good or as bad as the people doing the investigation.
Their success depends on the quality of the evidence they present to their clients.
In criminal cases, the client is the prosecuting authority; in civil matters, the client
is the plaintiff; and in departmental matters, the client is the chief executive officer.

The quality of the products depends on the contents of statements. The value of
the statements depends on the way in which they were taken and whether they meet
legal requirements.

2.6.8 Other types of statements

[Link] First information of crime (FIC) statement (SAP 4M)

This statement is required in less serious offences and is written on a pro forma
document known as SAP 4M. These cases may include drunk and disorderly and
rebellious behaviour. In addition to the fact that the information contained in this
statement needs to be captured in the CAS of the SAPS, this statement also serves
to decide whether a formal charge or case will be opened and whether evidence
must be led in court. Should a formal charge or case be opened, this will result in
the completion of a police case docket (SAP 3M).

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[Link] Injury statement

An injury statement serves as independent corroboration of a charge relating to some
form of assault or injury sustained by the complainant. A police official working
in the CSC submits an injury statement in his/her official capacity in addition to
the complainant’s statement filed in the case docket. The contents of the injury
statement include the confirmation by the deponents that they were on duty on the
specific date and time when the complainant opened the case, and furthermore, that
they noticed the injuries sustained by the complainant as alleged by him/her and that
the said injuries are those allegedly sustained during the incident. The complainant
should also be advised to have a J88 completed by a doctor or district surgeon
after a medical examination has been conducted. The completed J88 will then
be handed over to the investigator, who will file it in the relevant case docket. If
the complainant sustained serious injuries or is a victim of rape, he/she should be
given the necessary assistance. A section 212(4) statement is also completed by the
doctor or district surgeon who conducts a medical examination which should reflect
the information contained in the J88. The format of the injury statement is similar
to that of an affidavit.

[Link] Scene statement

A scene statement is a written reflection of what happened at the scene of a crime
or incident. It is usually submitted by a police or traffic official in their capacity as,
among others, first responder, investigator or expert who attended the scene for the
purpose of evidence processing. The purpose of the scene statement is to elaborate on
the role of the deponent at the scene of a crime or incident. Observations at the scene
as well as the location of exhibits or other evidential material should be noted. The
scene statement should also be complemented and corroborated by other investigative
aids and resources, for instance, photographs, sketches and video recordings. The
format of the scene statement is similar to that of an affidavit.

[Link] Withdrawal statement

A withdrawal statement is obtained from or submitted by a complainant who laid
a formal charge against a person, but who has subsequently decided not to proceed
with the matter. The deponent of the withdrawal statement withdraws his/her
request for the police to intervene in the relevant matter or for the criminal justice
system to take appropriate action. It is important to note that departmental and/
or criminal action may be instituted against any member or person who unduly
influences a complainant to withdraw a criminal matter. In sensitive and/or serious
cases such as rape or crimes against vulnerable persons, for instance, children, the
decision to withdraw a case should be made in consultation with the senior public
prosecutor. In these cases, the investigator should arrange for a consultation between
the complainant, the victim or parents of the victim (if the victim is under the age
of 18) and the senior public prosecutor. The format of the withdrawal statement is
similar to that of an affidavit.

[Link] Identification statement

Identification is defined as “a process that utilises the class characteristics of an object
or known substances to compare to evidence collected from a scene of incident” (Van
Graan & Budhram 2015:47). An identification statement will therefore be obtained

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 LESSON 2: Obtaining information and recording statements

from a person who is in a position to identify an object and clarify uncertainty about,
among other things, its origin, type and ownership. An identification statement
could be obtained from a complainant to positively identify his/her stolen vehicle
after it has been recovered. The statement should also contain the basis on which
the positive identification is made. The deponent should therefore be in a suitable
or the best position to make such an identification. The format of the identification
statement is similar to that of an affidavit.

It is important to remember that, when obtaining a statement from a witness, great

care should be taken to avoid leading questions. By asking leading questions, you
limit the witness to a specific answer. During a trial, all facts pertaining to a specific
case are placed before all the parties and the court. This is when it is evident that a
witness was either influenced or led by the official obtaining the statement. When
a witness stumbles over a word, concept or explanation while his/her statement is
obtained, it is important not to make suggestions or add words or phrases which
you assume they are struggling to find.

Consider the following examples of leading questions that are posed to a witness:

Incorrect: “Why did the truck driver drive so carelessly?”

Incorrect: “Don’t you think he almost killed the pedestrian?”

The following are the correct way of how posing the questions:

Correct: “How did the driver drove the truck?”

Correct: “What happened when the pedestrian crossed the road?”

First get an overview of what happened and take notes before starting with the
statement.

2.7 SUSPECT PERSONS

Rules have to be followed to protect the constitutional and human rights of persons
who are interrogated about their suspected involvement in criminal activities. If these
rules are not obeyed and the rights of the accused are found to have been infringed,
the accused may be acquitted on technical grounds. Such an acquittal, apart from
being most frustrating to an investigator who have invested a lot of time and effort
in the investigation, also means that a potentially guilty person is released.

2.7.1 Interviewing suspect persons

When it becomes clear during an interview that someone is a likely suspect, the
person is to be warned according to the judges’ rules. In terms of the Constitution,
the person’s rights must be explained if he has been arrested. You must ensure that
the suspect understands this. It is advisable that notes be kept of the interview.
This should be done by the investigator and the notes will ultimately be annexed to
the investigator’s statement. If the interview is recorded by mechanical means, the
original recording should be duplicated for investigation purposes. If the notes were
made in a pocketbook, it is subject to inspection by the court as well as the defence.
The original of a tape or video recording as well as a CD or DVD is to be sealed
and kept as primary evidence. The duplicate can be used to make a transcription.
This is handed to court as evidence regarding the interview. (See section 4.1 above.)

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Certain laws make provision for a defendant 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 conducted under oath. All that is required is that the
proceedings are transcribed and certified. They form a statement under oath and
can be used against a defendant in civil proceedings. The statement can be used in
a criminal trial only if the defendant has deviated from the statement sufficiently
to warrant a charge of perjury. Remember that, if the statements are in writing, a
person can be charged for making only two conflicting statements under oath in
terms of section 319(3) of the CPA 56 of 1955.

2.7.2 Taking a statement from a suspect

Its form 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 must have been explained to them.
This has to be proved, otherwise the statement will not be admitted as evidence. Such
a statement can be recorded either by the investigator or by the suspect’s legal advisor.

A few possibilities exist when dealing with suspects, especially if there is the possibility
of a later dispute as to whether the statement was made freely and voluntarily. One
option is that the suspect prepares the statement personally and then hands it to the
investigator. Another is that the person consults with a legal representative of their
choice and hands the statement to the investigator.

There are many examples of pro forma exculpatory statements. These have been
prepared by various investigators to suit their particular needs. In essence, they are
a mixture of the contents of the judges’ rules and the Constitution. Thus, when a
suspect in a criminal matter is interviewed and wishes to make a statement, the pro
forma is completed and the person is requested to sign it.

There are no rules as far as the application of these requirements in civil matters is
concerned. Because members of civilian investigative bodies are not police officials
or law enforcement officials, these requirements don’t apply to them. However, the
court will regard with circumspection an admission made to these individuals that
amounts to a confession.

2.8 WITNESSES

2.8.1 Cooperative witnesses

The preferred procedure is to record a written affidavit from a witness who is
cooperative and prepared to testify in court. There is no objection in the case of a
cooperative witness because the affidavit is voluntarily. Under certain circumstances,
such an affidavit may be admissible as evidence in a criminal trial and the deponent
does not have to appear in person. (See sections 212, 212A and 213 of the CPA.)

2.8.2 Uncooperative witnesses

When a witness resists or is hostile, the provisions of section 205 of the CPA
should be used. In such a case, the witness is summoned to appear before a judicial
officer and examined under oath in court where the proceedings are recorded. The

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 LESSON 2: Obtaining information and recording statements

proceedings have to be transcribed and certified to have the same legal status as an
affidavit made before a commissioner of oaths. Avoid alienating a witness by forcing
him/her to give evidence. An uncooperative witness should be treated with caution.

Financial institutions such as banks, which have a responsibility of confidentiality

towards their clients, will insist on a subpoena in terms of this section before they
will give the necessary evidence.

2.9 CONFESSIONS
A confession is an unqualified admission of guilt which, when made in court, will be
the same as a plea of guilty. Police officials 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 suspect persons. Strict rules have to be observed before this
can happen, and it is recommended that commissioned police officials be used as a
last resort and that the services of a magistrate be used instead. A judicial officer is
better qualified to take a confession. The format of the confession is not prescribed
and depends on the official. Various pro forma statements are available, but the
official does not have to use them.

2.10 THE STATEMENT

2.10.1 Preamble
You may assume that a witness is a reliable, upstanding member of the community
and is ready, willing and able to do his/her civil duty. Unfortunately, witnesses are
often untruthful because they themselves are involved in the crime or disappear in
the most crucial stage of the investigation (or worse still, the trial itself).

Under certain circumstances, a witness can be detained. A witness must first be

traced before an investigator can detain him/her (the circumstances in which this
can happen are described in section 185 of the CPA). There needs to be sufficient
information in the affidavit to make detention possible. It is difficult enough having
to trace an accused, let alone a witness.

A statement is 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 and must be complete in every
sense. The reasons for this which will become clear in our discussion, but the most
important one is that the witness may disappear and will have to be traced – possibly
by another investigator who will need all information available.

[Link] Information to be included in the preamble

This is elaborated on in great detail in section 11.1.1 below where we deal with
specific crimes.
• Title, full first names and last name (surname) – Ask the deponent to hand
over their identity document. Make sure that it is the same person and check that
you have spelled the names correctly. Alternatively, ask the deponent to either
spell their names or write them on a piece of paper. This may have the benefit of
obtaining a sample of the person’s handwriting. Obtain the person’s nickname

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or the name by which they are known. Many witnesses, especially professional
people, prefer to be addressed by their title. This should be respected. Goodwill
can be generated between an investigator and a witness if good manners are shown.
• Racial group and gender – These are equally important. It is about identification
and nothing else. What are the chances of success if another person has to trace
the witness afterwards and does not know whether the witness is male, female,
black, Chinese, coloured, Indian or white? Often a person’s racial group and
gender can be concluded from their names and surname. However, many people’s
names and surnames makes this impossible.
• Language – This is the tongue in which the deponent makes the statement. The
home language of the deponent is also important because you need to determine
whether an interpreter may be necessary. The second reason is that the language
of a deponent may give you an indication of their ethnic relationship which, in
cases of people from a rural community, may assist you in tracing that person
afterwards.
• Identity number – If the deponent cannot present his/her identity document,
obtain the deponent’s driver’s licence, passport or any other form of identification
on which there is a photograph. You can even go to the person’s home and collect
it (if practical).
• Age – Their age may be a tender subject to some persons and not to others. Avoid
asking the person’s age by simply asking their date of birth (contained in the
person’s identity number). You need to know whether the person you look for is
young, middle-aged or elderly. People tend to associate with others of their own
age; so someone’s age should make it a lot easier to trace the person at a later stage.
• Occupation – The person’s occupation is crucial. A particular occupation
makes it easier to locate people. It is unlikely that a person who is qualified for a
particular profession will take on a job for which they have no training. There are
exceptions, however. An accountant who has a passion for the work of a hardware
salesperson can change jobs for no apparent reason. The next of kin will be able
to provide the investigator with information in this regard.
• Full residential address – It is possible to get a person’s new address from the
local metropolitan council because, when water and electricity connections are
made, a person has to pay a substantial deposit which is refunded by cheque to a
new forwarding address when the person relocates. The neighbours may be able
to give the new address to which they were asked to forward letters. They may
even be able to tell you the name of the removal company, and thanks to the
latter, you will have the address to which the furniture was taken.
• Telephone numbers – The home and work numbers should be obtained.
Landlines as well as cellphone numbers are to be obtained. Telkom and the
service provider may be able to assist.
• Full work address – This is required to determine where the person works and
to obtain his or her employee number. The name of the company will facilitate
tracing at a later stage, the more so if you know the department or business unit
in which the person worked, their particular function and the period of his/her
employment. In large organisations, such information will make it easier to trace
the person.
• 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. Particulars of friends, family
or next of kin are important, because people tend to stay in contact with one
another. If a person is from a rural community, the particulars of a contact person
are 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

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 LESSON 2: Obtaining information and recording statements

local church may also be a valuable source of information. When a member of

a congregation relocates, the church at the new neighbourhood usually requests
the scribe of the former congregation to forward the member’s records.

ACTIVITY 2.2
How would you respond to a traumatised or impatient complainant who doubts the
necessity of the aforementioned information? Consider how you will summarise
the investigation process and explain the importance of information and evidence
in a meaningful way to the complainant.

[Link] 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 help you to identify the person
and indicate how they are to be addressed. The deponent’s names should preferably
be printed with the last name/surname 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 many last names/surnames sound like first names
and it is embarrassing when you address someone incorrectly.

A statement is written in the first person past tense. For example, a deponent would
state: “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.” Remember that all
statements refer to what has happened in the past.

The words “states under oath in English” should appear in the very next line.
If the deponent is unable to speak English and an interpreter is used, this fact is
stated as “states under oath in (whatever language the deponent speaks) and is
translated into English by (the full names of the interpreter). The interpreter’s
particulars will be recorded at the end of the statement.

Now follows the preamble which identifies the deponent as follows:

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

STATES UNDER OATH IN ENGLISH:

1.
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 are (full street address and area code).
I am employed by (name of company and full physical address as well as telephone
number) as a/an (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 employment).

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My next of kin is (name and relationship) who resides at (different address from the
deponent).
I am single/married/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
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 to obtain
this information by explaining the reason that it is required in a tactful manner.

[Link] Paragraph numbering

The next paragraph, which is the body of the statement, contains a narrative in the
first person past tense, which is a description in sequence of the facts relative to the
statement. The first paragraph is numbered, starting at number 1 in the middle of
the page. The numbering of paragraphs is 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.”

[Link] Introduction of deponent

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 section
236 and 236A of the CPA.)

[Link] Introduction of roleplayers

Now the deponent identifies the roleplayers by setting out each person’s function
and role. 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 should already know what to expect because you would have conducted a full
interview with the deponent beforehand and would have taken interview notes.
(See section 4.3.)

[Link] 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 chronological
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 complainant has to contain the elements of the crime. A witness testifies to what
they saw or experienced first-hand.

[Link] Appendices/annexures
Most statements involving fraud and similar crimes are likely to contain an annexure
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 and of Close Corporations,

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 LESSON 2: Obtaining information and recording statements

the Clerk of the Court, and the Registrar of the High Court. Banks also issue
certificates to certify their records. In such cases sections 212, 234, 236 or 236A
of the CPA are used as the case may be. Bear in mind that the court may order the
person issuing such a certificate to give evidence in person. Also see section 212A
that 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.

[Link] Identification of exhibits

A document that is to be used in evidence at a trial must be clearly identified by the
party wishing to tender it as evidence, by calling either the author, the recipient or
another 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 described in enough detail to identify it. It is
then referred to in the statement as Annexure A, for example. Remember that such
annexed documents are always filed in alphabetical order.
Also remember that the original of the annexure that the deponent refers to in his/
her affidavit must be handed to the presiding officer as an exhibit. Original exhibits,
especially documents, must be safeguarded against theft, damage or contamination.
Copies are usually made for investigation purposes and for use by the prosecutor
and the defence lawyer during the trial.
Sometimes the original is lost or destroyed or, for some reason or another, cannot
be produced in court. In such a case, the best evidence rule applies. This is when
the party wishing to produce the document has to give evidence that the original
document cannot be produced for a particular reason and could not be found after
a diligent search. If the court accepts this, it may allow the copy to be entered as
evidence.

2.10.2 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 allow the witness to read it. 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. If the deponent deviates from the
original to such an extent that you wish to charge him/her with perjury, you will
have to produce the original. You may try the best evidence rule, but the ultimate
decision will lie with the prosecutor.

2.10.3 Administering the oath/affirmation

When all alterations have been made and both parties are satisfied with the statement,
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?

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The deponent’s 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 objects 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 object 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.”

If the witness has indicated that he/she knows and understands the contents of the
declaration, has no objection to taking the prescribed oath, and that the prescribed
oath is binding on his/her 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.” The law does not require the witness to raise his/her right hand:
this is required when a witness is sworn in before testifying in court. Tradition is
hard to break and nothing prohibits this when taking an out-of-court affidavit. After
taking the oath, the deponent signs the declaration, and initials and dates each page
in the bottom right-hand corner in the presence of the commissioner of oaths.

Exactly the same procedure applies to an affirmation, only the wording changes: “I
truly affirm that the contents of this declaration are true”. An affirmed statement
has the same legal effect as that of an affidavit.

If the commissioner of oaths 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.
No spaces are to be left open. This is to protect all parties against allegations
of later insertions.

2.10.4 Certificate by commissioner of oaths

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

“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)”.

Please note:
The words that do not apply must be crossed out and initialled when using a rubber
stamp; 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 NAMES AND SURNAME
RANK (if signing in an official capacity)

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 LESSON 2: Obtaining information and recording statements

EX OFFICIO (member of organisation, eg, police official)

AREA (area for which appointed, eg, Republic of South Africa)

These particulars must be printed.

ADDRESS (It must be the street address where the commissioner of oaths conducts
his/her business AND NOT A POST OFFICE BOX NUMBER.)

2.10.5 Using an interpreter

When the services of an interpreter have been used, the following certificate is added
to the bottom of the statement:
“I (full names) hereby certify that I have translated from (language used by
the deponent) to English and vice versa.”

It is then signed and dated by the interpreter.

2.10.6 Deponent unable to sign

If the deponent is unable to sign, their mark or right thumbprint must be affixed
to the statement in place of a signature. The mark or fingerprint must be clearly
identified as such and signed by the member/commissioner of oaths. The provisions
of regulation 3(2), set out in section 6.1.2 above, must be complied with.

2.10.7 Supplementary statements

Often a witness has to make a second statement to supplement a previous one. This
happens when, after a witness has made a statement about an occurrence at a particular
time and date, subsequent events influence the contents of the statement. Defence
lawyers are quick to ask a witness how many previous statements he/she have made.
This is an attempt to show that the witness has made more than one statement and
that there may possibly be two, even more, conflicting versions of the same facts.

When a supplementary statement is made, it should be stated clearly in the preamble

directly after the words “states in English under oath”. It can start with the words:
“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 with the words: “See
supplementary statement (dated) attached.” The supplementary statement should
be similarly endorsed.

It is possible that the deponent deviates 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 him/her. If the deponent persists, he/she should be taken to another person, if
at all possible, and that person should be requested to take the second statement.
Not the investigator, but an independent person should administer the second oath.
This should be done to avoid the obvious accusation that the investigator knew that
the deponent was about to commit an offence and did nothing to stop him/her.

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Under no circumstances should the original statement be destroyed or handed

to the witness as it constitutes primary evidence.
If conflicting oral statements are made in court, the charge is perjury. When conflicting
statements are in writing, the charge is contravening section 319(3) of the CPA 65 of
1955. To prove this charge, it is not necessary to prove which one of the two statements
is true. Also see section 101 of the CPA. 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.

2.10.8 Anonymous deponent

A witness may wish to remain anonymous. He/she should be informed that this
is, at best, only a temporary arrangement and that his/her identity is bound to be
made public at the start of the trial. Even before the trial, anonymity cannot be
guaranteed because the accused is entitled to a copy of the case docket. As a result,
the names of all the witnesses will 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, probably after conducting an interview with the witness.

2.11 STATEMENTS IN CRIMINAL CASES

We have examined at great length the importance of taking statements properly
and correctly. Let’s now turn our attention to statements that are to be used in
criminal trials. An affidavit is taken from a person who has first-hand knowledge
of the commission of an offence. This could be a complainant, a person who has
witnessed the crime, or a person who is able to contribute in some way to solving the
crime. They are referred to as witnesses and their role is not confined to someone
who witnessed the crime. It could also be a person in some official capacity who has
control over books, records and other mechanical or electrical means of information
storage (see section 212 of the CPA).
A case is as good as the statements it is based on. If a statement is poor or does not
conform to legal requirements, it will be attacked in court and the case will be lost.
The language used in the statement must be correct. Words must convey what the
witness means. Many investigators try to impress the witness, the prosecutor or other
people by using grandiose words or flowery language. This is a fatal error because it
allows the defence to debate about the meaning of a word or a phrase. The golden
rule is KISS (Keep It Simple and Straightforward).
We cannot overemphasise how important it is to use everyday words and to ensure
that they have the correct connotation. Don’t use a dictionary or a thesaurus with
the intention of selecting the most impressive sounding word. Make sure that the
word you use is correct within the context it is used. Remember that a statement
will be used in a criminal trial where a person’s freedom may be at stake. Therefore,
don’t assume that people will know what you mean when you use a word or a phrase
which meaning you are unsure of. Should the statement become contentious, you
can be certain that the court will accept the literal meaning (the everyday meaning
or that provided in a dictionary).
Make sure that your spelling is correct, especially of words which could have a
different meaning if spelled incorrectly. It is not the intention to make all investigators
authorities on language use; it is rather to make sure they understand the importance
of using language correctly.

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2.11.1 Statements for specific crimes

These are statements made by complainants and other people referred to as primary
witnesses. Primary witnesses are those people who are eyewitnesses or people who
have either heard or experienced something that is directly connected to the crime
and whose testimony may contribute to the investigation and the trial.

Secondary witnesses are witnesses who contribute to the investigation by giving

supporting testimony. Examples are bank and government officials who issue
certificates relating to matters before the court.

[Link] Housebreaking and theft

An example of a sworn statement by a complainant in a housebreaking case portrayed
in the scenario will be given. Certain basic requirements apply to all statements
made by complainants in criminal matters. The first and most important, as far as
the contents of the statement are concerned, is that the contents of the statement
should constitute a crime. This statement should conform to the requirements of the
definition of that particular crime. The investigator should know the definition of
housebreaking if he/she wants to take a statement that will prove to the court that
housebreaking did indeed take place. This applies to other crimes as well.

If the statement does not conform to the definition and if the elements of the crime
are not contained in the statement, it does not constitute housebreaking but theft
or malicious injury to property. We now look at the definition of housebreaking:

Housebreaking consists of unlawfully and intentionally breaking and entering

premises with the intent to commit an offence inside those premises.

Once you have satisfied yourself that housebreaking did indeed take place, the
statement can be started. It is a simple matter of either visiting the scene to or to ask
the complainant to explain what happened. You are sure to come across unusual cases
of housebreaking that will make you wonder whether housebreaking did indeed take
place. In the following instances, courts have held that housebreaking took place:
• permanently occupied tent
• tent wagon used as a residence
• cabin on a ship
• caravan
• office
• garage
• storeroom
• small but heavily reinforced concrete mine dynamite magazine
• immovable display cabinet

Bear in mind that the name of the police station and case reference number must
appear at the top of every page of the statement.

[Link] Station name and reference number

This information must appear at the top of each page of every document in the
case docket, except original documentary evidence, which must be contained in a
pre-marked envelope. This is important to the administration of the case. It will

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not contribute to proving the case, but will make things easy for you if your case
docket is one of many that have been returned to you in a pile of loose documents.

The same can be said if your attaché case opens unexpectedly and its content spills
out. You will be faced with the task of getting everything back in order. If your
statements (and other documents) have been clearly marked and numbered, getting
it all back in order will be a simple task.

[Link] Title, full first and last names

Don’t assume that a person’s first name/s will indicate gender. The names of some
people give no indication of whether they are male or female, such as Bulelani,
Francis and Alex. The irony of these names is that the person is known for the rest
of their life by the male or female derivative of the name. You may find that a boy
child was christened Gertruida because the father wanted a girl. Thereafter the boy
was known as Gert. The converse is also true as far as females are concerned. In
some African cultures the same name is given to both genders depending on the
circumstances of their birth, for instance, Mapula can either be a male or female.

Always act professionally and address people by their rank or title. Examples are
military and police ranks, and professional titles such as professor, doctor and pastor.

[Link] Statements under oath in English or another language

In many cases, the deponent does not have an objection to making a statement in
English even though their home language is not English. Under no circumstances
should you take a statement from someone whose language you do not understand,
unless you are both able to communicate satisfactorily in another common language.
The services of an interpreter or another member who speaks that language should
be used. The language spoken by the witness should be indicated in the statement
so that the witness can be addressed correctly.

The language used by the deponent is important because an interpreter may have
to be arranged. The witness may express themselves in a way that you find difficult
to understand and interpret correctly. Your inability to correctly interpret what the
witness means may lead to a misunderstanding. The expressions used by the deponent
and the description of events should, as far as possible, be recorded in their own
words. For example, in a case of assault the investigator wrote: “Peter informed me
that he was going to assault me.” He should instead have used the actual words:
Peter said: “I am going to knock your head off.”

Investigators and officers of the court will have to know that a statement under oath
is if it is necessary to apply for warrants of arrest or of search and seizure. Unsworn
statements make such applications impossible.

[Link] Race, gender, cultural connection and citizenship

You may be faced with a title and name that do not indicate race or gender. These
particulars should be mentioned in the preamble because race and gender are part
of a person’s personal description. If you have to trace a witness, his/her race and
gender are crucial.

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The deponent’s cultural connection is equally important. For instance, if the deponent
is a Zulu from a remote part of KwaZulu-Natal, the unique cultural connection will
assist in locating them.

Citizenship is vital. If the person is not a South African citizen, you need to indicate
whether or not the person has been naturalised. You need to indicate whether or
not the person is permanently resident in South Africa. This becomes apparent
when an arrest has been made and the deponent has to appear as a witness. Without
this person’s testimony, you may lose your case. Therefore, it is important from a
prosecution point of view to know whether your witness will be available or not.
Because the CPA provides for the detention of a witness who may abscond, it is
always a good idea to be aware of your witnesses’ availability. Think carefully before
detaining a witness who may abscond because this will certainly cause a great deal
of anger. See sections 184 and 185 of the CPA.

[Link] Minor/adult, date of birth/identity number

The law may require that, under certain circumstances, a particular category of
persons be assisted when signing documents in civil matters. Underage persons,
referred to as minors (under the age of 18), fall into this category. It means that minors
cannot sign certain documents unless their signatures are countersigned by a parent
or legal guardian. There are two notable exceptions to this rule. The first is where
the Minister of Home Affairs grants an underage person permission to marry. This
process is referred to as emancipation and means that, although the person is under
the required age, the marriage has caused the person to be regarded as an adult in
the eyes of the law. The second is when an underage person applies to the minister
to be declared an adult for particular reasons, for example, when an underage male
has to take on the responsibilities of caring for members of his family because his
father passed away.

In criminal cases, minors may make statements without being assisted by a parent.
Examples are allegations of sexual assault and neglect against the parents. Often this
should not present any problems and, unless the complaint involves the parents, it
is always safer to have the minor assisted by a parent.

The date of birth will remove all doubt as to whether the witness is a minor. It is
advisable to obtain the witness’s identity document and to make sure that it has not
been tampered with. Many illegal immigrants and criminals carry forged identity
documents. A close scrutiny of the identity document is strongly advised.

Foreigners, as a rule, do not have South African identity books. They carry passports
that indicate their names, date of birth and nationality. You must insist on some
acceptable proof of identity such as a driver’s licence or a passport. Bear in mind
that the deponent may be an illegal immigrant who does not want you to see their
passport. Whatever the proof of identity, make sure you write down the particulars
correctly. Check and double-check if necessary, but get it right.

[Link] Address/employment
Residential and business addresses as well as the position and personnel number of
the deponent number will help not only to identify the person, but also to track them
later. If a person is unemployed, don’t simply write the word “unemployed”. Find out
where the person was previously employed. What kind of job did they have? What

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were they trained for? It may surprise you to see the wealth of information you can
obtain from a person just by asking. People tend to stay in the same line of business/
employment and you can safely assume that a person will not deviate from it.

Home addresses are about as impermanent as life itself. Here today, gone tomorrow.
That is exactly what you don’t need in your case. If your witness disappears, so does
your case. Obtain the particulars of the next of kin: people who may assist you to
trace the deponent if they move and forget to tell you. Section 183 of the CPA places
the responsibility to inform the investigator of any change of address on a witness.

Find out the landline and cellphone numbers. They are a good point of departure
as Telkom and service providers may assist you to trace a person.

Another point to remember when have to trace a person, is the particulars of children,
such as the school they attend or the church or club they belong to. Enquiries at
these institutions may reveal the person’s current whereabouts. The most important
thing is that it should be quicker and easier to find a witness than an accused.

You may have arrested a suspect in a series of cases. It then is necessary to re-open
cases previously investigated by other detectives. You may discover that some were
shoddily investigated and the particulars are incomplete. You then have to trace the
witnesses yourself.

To prove the case in court, you need the evidence of the complainants in the closed
cases. As a result, you need to re-open dockets that have been closed as “undetected” to
build your case against the suspect. You may find that some incompetent investigator
has written “unemployed, no previous addresses” on the statement of the most
important witness in the docket. The lack of information makes it difficult to trace
this witness. Imagine your frustration if the accused go free because this vital witness
could not be traced!

Now we deal with the statements.

2.11.2 Statement by a complainant

PRETORIA CENTRAL CAS 123/04/2020
Mr Pieter MAIMELA
States in English under oath

1.
I am an adult black male. I am an English-speaking South African citizen aged 40
years. My identity number is 790515 5080 089.

I reside at 1 Vista Complex, 2nd Avenue, Rietvallei, 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, Meyers Park, 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.

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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 have one child, a girl named Chantal, who is a Grade 11 learner at St Alban’s
College in Lynnwood, Pretoria. (Here you can add as much detail as you think necessary.)

2.
On Sunday 6 April 2020, 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. (First, this proves that
the structure is a house and that it therefore meets the requirement set out in the definition and,
second, that the house was properly secured and that the only way in which access could be gained
was by breaking in.)

3.
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.

4.
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.)

5.
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 force open the front door. (This proves that someone had broken open the house and
had entered it.)

6.
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 in width and approximately 1,3 m in height. The
serial number of the chair is 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 your work much easier. You have to
know how the chair looks like because you are the person who will have to identify it when it is
found. This paragraph proves that certain items had been stolen.)

OVM1502/183


7.
The value of the chair is R125 000. I will be able to identify my chair. I am insured
with Outsurance, policy number 12345k67.

8.
I do not suspect anyone. 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 and
prosecution in 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 because “permission”
may be a valid defence by the accused.)

9.
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. The

contents of this declaration are true, so help me God. (If the deponent has a religious
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)

We want to remind you once again of the importance of doing this correctly and
properly. Do not give a postal (postbox number) address. No businessman conducts
a business in a postbox. The commissioner of oaths must have a business street
address where they can be found if necessary.

2.11.3 Statement by a witness

Once the statement of the complainant has been obtained, the witness must be
interviewed and his/her statement obtained.

As you read through the following statement, take particular note of the detail that
has been included. The names and addresses of the various people who are involved
are provided. The descriptions given by the security guard are detailed and clear.

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Read through these descriptions carefully and decide how they will help to solve
the investigation.

PRETORIA CENTRAL CAS 123/04/ 2020

Mr Johannes Gerbrand VAN DER WALT
Solemnly states in English:

1.
I am an adult white male. I am an Afrikaans-speaking, South African citizen aged
40 years. My ID number is 790809 5910 087.

I reside at 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 Security 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.)

2.
I know Mr Pieter Maimela. He is a resident of the complex where I am employed.

3.
On Sunday 2020-04-06 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.

4.
While I was on duty, a green Mazda bakkie approached me from the outside of
the complex. It stopped at the boom and I approached the driver to determine what
he wanted. I saw two white males in the bakkie. They were dressed in blue overalls
and spoke Afrikaans. The driver was about 40 years of age and wore a blue cap.
He had a brown moustache and wore silver spectacles. Because of the cap I could
not see the colour of his hair. He had a scar on the right cheek which I could see
clearly. The other occupant was a youth of about 15 years. He was blond and 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.)

5.
I asked the driver what he wanted. He informed me that they had to collect 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.

OVM1502/185


6.
He then returned the access control form to me and I noted the particulars of the
vehicle:
Make: Mazda bakkie
Model: 2001 B2500
Registration: ZFG 000 GP
Colour: Green

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

7.
I then allowed them to enter the complex and lost sight of the vehicle as it turned
right into 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 handled the equipment
except me. I removed the cassette afterwards and kept it in a locked drawer of 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.

8.
On the same day at about 14:15, I was on bicycle patrol in the complex and went past
the house of Mr Maimela at 1 Vista Security 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 vehicle. I did not find it strange and then returned to the main gate
to relieve my colleague.

9.
While I was on duty at the gate, at about 14:30 on 2020-04-06, the same vehicle
approached the gate. When it 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.

10.
On 2020-04-06 at about 14:45 I was on patrol again and rode past Mr Maimela’s
house at 1 Vista Security 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 found nobody inside the house and telephoned Mr Maimela and informed
him. Mr Maimela arrived after a short while and confirmed to me that the chair
had, in fact, been stolen.

11.
I will be able to identify the two persons.

12.
I know and understand the contents of this declaration.

I have a religious objection to taking the prescribed oath.

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 LESSON 2: Obtaining information and recording statements

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)
Remember that when a statement comprises multiple pages, every page must bear
the names of the deponent as well as the initials of the two parties. Each page should
also bear the name of the station and the reference number.

2.11.4 Statement by a law enforcement official in his/her capacity as both

witness and complainant
Often a law enforcement official (ie, police or traffic official) witnesses the commission
of an offence while performing official duties. It can occur at a time and place where
there were not any witnesses or the circumstances may be such that tracing witnesses
may be impossible. Because of the nature of such an offence and the potential risk
to life, the law enforcement official needs to intervene and fulfil the role of both
witness and complainant. Owing 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 with sufficient facts that justifies the course of action taken.
Please note: The following scenario and statement serve only as an example.

Scenario: Reckless and negligent driving

You are posted alone in patrol vehicle Alfa Tango (AT) 142 and responsible for
patrols in the Walmer Police Station area in Port Elizabeth. At approximately 03:15
on Friday 8 May 2020, you stop at a red traffic light in Beach Road, Humewood.
While you wait for it to turn green, you notice a vehicle in your rear-view mirror
approaching from behind at a significant speed. You immediately switch on your
blue lights and hazards to deter the oncoming driver from speeding. However,
the driver switches off his headlights, increases speed and drives recklessly
across the set of red traffic lights. You immediately chase after the vehicle and
the driver ignores your indications to stop. After a while, the driver loses control
of the vehicle and collides with a barrier next to the road. He is seriously injured.

OVM1502/187


WALMER CAS 566/05/2020

Mr John Thobile
Solemnly states in English:

1.
I am an adult black male. I am an English-speaking South African citizen aged 40
years. My identity number is 790402 5065 088. I reside at 43 Willow Park Road,
Sydenham, Port Elizabeth. 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 Avontuur Street, Bridgemeade, Port Elizabeth (telephone 041 371 1345). I
am employed as a traffic officer by the Nelson Mandela Metropolitan Municipality,
242 Kempston Road, Sydenham, Port Elizabeth. My persal number is 04056676.
My telephone number at work is 041 453 2000. I am unmarried.

2.
On Thursday 7 May 2020 at 18:45 I booked on duty sober and free of any injuries as
per my pocketbook 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 I started
duty, I inspected the said vehicle. Everything was in order and working condition
(ie, 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 Walmer Police Station area.

3.
At approximately 03:15 on Friday 8 May 2020, I exited the 24-hour McDonald’s
restaurant in Beach Road, Humewood after buying myself a cup of coffee. I turned
right into La Roche Drive and immediately left into Beach Road and came 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 rear-
view mirror approaching from behind at a great 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 drove
through the red traffic light.

4.
Only when the vehicle passed me, did I notice it to be a yellow Fiat Pallio. I immediately
pursued the vehicle with my blue lights, siren and hazards still switched on. I informed
Control 7 of the situation and requested the immediate backup of any other traffic
or police vehicle in the area. At this point, I had not yet been able to identify the
registration number of the vehicle owing to its distance in front of me. The yellow
Fiat Pallio kept driving at a significant speed as it passed the Virgin Active gym (on
the left) in Beach Road. At this stage I noticed that I was travelling at approximately
145 km/h.

5.
The yellow Fiat Pallio then approached the intersection between Beach Road and
Walmer Boulevard in the direction of Central and its driver still had no intention
to decrease his speed. The said vehicle then violated the red traffic light at the
intersection of Beach Road and Walmer Boulevard and swerved to the right to take
the M4 freeway in the direction of Deal Party. I managed to close in on the vehicle

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 LESSON 2: Obtaining information and recording statements

and was able to identify 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 backup and that Hotel 4 was
approaching from Rowallan Park.

6.
The yellow Fiat Pallio BCW 741 EC was still driving on the M4 freeway and passed
the Russel Road, Albany Road and Mount Road off-ramps. As I passed the Uitenhage
off-ramp, I then noticed that the speed at which I was travelling was approximately 150
km/h. I remained close behind the yellow Fiat Pallio 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 Pallio BCW 741 EC
and almost collided with a lamp pole on the left-hand side of the road.

7.
I gave another situation report to Control 7 at exactly 03:21 (according to the
electronic clock in my vehicle) while the yellow Fiat Pallio 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 then 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 Pallio BCW 741 EC was registered to a Mr W van Schalkwyk residing
on Plot 41, Greenbushes. The position I requested Hotel 4 to take up was the most
used of two roads leading to Greenbushes.

8.
At exactly 03:24 (according to the electronic clock in my vehicle) the yellow Fiat
Pallio BCW 741 EC took the Grasvoëlkopbridge off-ramp and again violated a red
traffic light at the Disa and Burt Streets intersection. This time, the yellow Fiat Pallio
BCW 741 EC caused another motorist driving a silver Mazda Etude (unknown
registration number) to collide with a lamppost in Burt Street owing to the said
violation of the red traffic light. Because the latter accident was not a high impact
collision and since I personally noticed 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 Pallio BCW 741 EC, which
failed to stop at the accident.

9.
At the intersection between Disa Street and Cape Road, the yellow Fiat Pallio BCW
741 EC turned right into Cape Road in the direction of Greenbushes. Hotel 4 was
monitoring his radio and confirmed that he was in position on the corner of Cape
Road and Boshoff Street. The yellow Fiat Pallio 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 Pallio BCW 741 EC was now rapidly approaching
his position at an approximate speed of 160 km/h (according to my speedometer).

OVM1502/189


10.
As I approached the Cape Road and Boshoff Street intersection in pursuit of the
yellow Fiat Pallio 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 Pallio 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 imminent.
At an approximate distance of 30 metres before colliding with the marked police
vehicles, the yellow Fiat Pallio BCW 741 EC suddenly swerved to the left and smashed
through the barrier at the side of the road causing the yellow Fiat Pallio BCW 741
EC to overturn approximately five times. The collision took place at exactly 03:27
according to the electronic clock in my vehicle.

11.
I then drove my vehicle onto the side of the road in Boshoff Street, approximately
250 metres from where the yellow Fiat Pallio 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 wept. He was seated approximately 10 metres from the yellow Fiat
Pallio BCW 741 EC and had already been placed in handcuffs by the police officials
at the scene. I walked towards the overturned yellow Fiat Pallio BCW 741 EC and
was surprised to find another person still strapped to the safety belt hanging in an
upside down position on the passenger side of the vehicle. On closer inspection, I
noticed a decapitated white female.

12.
The senior police official at the scene introduced himself to me as Captain Johan
Barnard of the Port Elizabeth Flying Squad and informed me that the white male
was flung out of the driver’s seat after the accident. He tried to run away and resisted
when he confronted him. Captain Johan Barnard stated that he arrested the white
male for driving under the influence of alcohol and for 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 interviewed the white male in order to obtain his personal particulars. He
introduced himself as Mr Gregory Watson who resides at 1 Gordon Terrace, Central,
Port Elizabeth. His identity number is 8001025042087. He confirmed that the yellow
Fiat Pallio 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 slurry 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 pocketbook entry 3/2020 on page 37
(time: 03:55) as confirmation that he took over the management of the scene and
the processing of the suspect.

13.
HUMEWOOD CAS 566/05/2020 was registered by me at 04:45. My statement was
supplied to Captain Johan Barnard at 06:40.

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 LESSON 2: Obtaining information and recording statements

14.
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
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 Port Elizabeth on 2020-05-08 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, PORT ELIZABETH
CONSTABLE

Remember that any statement has to contain sufficient information which will assist
the public prosecutor in determining whether to prosecute a case or not. In practice
law, enforcement officials often write short and incomplete statements. This can
result in a serious case not being prosecuted or charges against the accused being
withdrawn.

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

statement?

2.11.5 Statement by a suspect

Dealing with this subject is like opening the proverbial can of worms. Numerous
pro forma forms are an attempt to standardise the format in which a statement by a
suspect should be taken. They 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.

This statement is also called an exculpatory statement and is made voluntarily. A

suspect cannot be forced to make a statement in the same way as a witness.

OVM1502/191


A defence lawyer will ask his/her 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
regarding the rights of suspect persons, you can be certain that the defence will
attempt to get it 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.

General rules apply when it comes to suspects. The following list is by no means
exhaustive and should be seen as an example:
• Know the constitutional requirements.
• Know the law and the difference between a confession and an admission.
• Know the judges’ rules.
• Be aware of human rights.
• Treat the suspect with respect.
• Be aware of your language usage: do not swear.
• Control your temper and remain calm.
• Do not intimidate the suspect.
• Do not coerce the suspect into making a confession.
• Take notes: audio-visual notes, if possible.
• Never take a sworn statement from a suspect.
• In many cases, it may be advisable to refer the suspect to his legal adviser. This
can benefit your case because the suspect will then be assumed to have been
properly protected and advised.

It is not the aim of this Lesson to lecture on when and how statements of suspect
persons may be used in the investigative process, but rather to caution the investigator
when dealing with such 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.)

2.12 CONCLUSION
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 without legal foundation. The SAPS or other agency that executes an irregular
warrant will be quite 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. In the event
that a deponent denies that the statement was properly attested, that something
irregular took place or that false information was added to the statement afterwards,
the commissioner of oaths will be called to testify. That is one of the reasons that
the complete street address of the place of business of the commissioner of oaths
must appear on the certificate.

As the investigator, you are 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

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 LESSON 2: Obtaining information and recording statements

else who has to make a decision on the basis of the contents of the statement. If there
is little chance of a conviction, the official will decline to institute a prosecution.

Make sure that witnesses who are involved in drawn-out cases provide sufficient
personal information so that they can easily be traced.

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
do not pay attention to detail, the statements you take will show it. 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.

Self-Assessment Questions
(1) How would you best describe the criminal justice system?
(2) What is the purpose of bail?
(3) The ‘A-clip’, ‘B-clip’ and ‘C-clip’ are the three parts of which the police case
docket consist. Describe the purpose of each section in the case docket.
(4) The date and time column of the investigation diary must be filled in correctly
and always kept up to date. Why is this so important?
(5) In terms of Section 18 of the Criminal Procedure Act 51 of 1977, as amended,
a case of rape is an example of a crime that never…?
(6) What is the purpose of inspecting a case docket before it goes to court for
prosecution (trial)?
(7) The Provincial Head: Detective Service is responsible for performing an an-
nual inspection. What is the purpose of this inspection?
(8) Why are detailed notes and pocketbook entries important during the inves-
tigation of crime?
(9) Why is the numbering of paragraphs in a statement so important?
(10) What are the likely consequences if a statement is poor, or does not conform
to legal requirements?

OVM1502/193
 REFERENCES

Bryant, R. 2006. Blackstone’s student police officer handbook. New York: Oxford Univer-
sity Press.
Collins English dictionary. 6th edition. 2003. Sv “information”. Glasgow: HarperCollins.
Collins English dictionary. 6th edition. 2003. Sv “testimony”. Glasgow: HarperCollins.
Joubert, C (ed). 2010. Applied law for police officials. 3rd edition. Cape Town: Juta.
Joubert, C (ed). 2013. Applied law for police officials. 4th edition. Cape Town: Juta.
McLeod, WT. 1986. The Collins pocket English dictionary. Glasgow: Collins & Sons.
McLeod, WT. 1987. The Collins paperback thesaurus in A-Z form. Glasgow: Collins & Sons.
Smith, AH & O’Louglin, JLN. [Sa]. Odhams Dictionary of the English language. London:
Odhams.
South Africa. 1963. Justices of the Peace and Commissioners of Oaths Act 16 of
1963. Pretoria: Government Printer.
South Africa. 1972. Government Notice R1258. Regulations governing the administering
of an oath. Pretoria: Government Printer.
South Africa. 1977. Criminal Procedure Act 51 of 1977. Pretoria: Government Printer.
South Africa. 1996. Constitution of the Republic of South Africa 108 of 1996. Pre-
toria: Government Printer.
South African Police Service. [Sa]. South African Police Service Standing Orders (General)
321–327. Pretoria: Commissioner of the SAPS.
Stockdale, JE & Gresham, PJ. 1995. The presentation of police evidence in court.
Paper No 15, Police Research Series.
Technikon SA. [Sa]. Investigation of Crime I: Study guide for OVM241ZE. Florida.
Van der Westhuizen, J (ed). 1996. Forensic criminalistics. 2nd edition. Johannesburg:
Heinemann.
Van Graan, J & Budhram, T. 2015. Principles of investigation, in Forensic investigation:
Legislative principles and investigative practice, edited by R Zinn & S Dintwe. Cape
Town: Juta:43–66.
Van Rooyen, HJN. 2007. Crime scene investigation. Pretoria: Henmar.
Van Rooyen, M. 2018. Evidential aspects of law enforcement. Cape Town: Juta.
Zinn, R & Dintwe, S. 2015. Forensic investigation: Legislative principles and investigative
practice. Cape Town: Juta.

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 GLOSSARY

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.

Bail: A manner in which a person may be released from detention. Bail is provided
for in section 35(1)(f) of the Constitution under certain circumstances and dealt with
in sections 58 to 71 of the Criminal Procedure Act 51 of 1977.

Criminal justice system (CJS): A formal structure of the state that consists of those
government departments responsible for coordinating the criminal justice process,
which entails bringing a criminal to justice. The CJS consists of the South African
Police Services, The National Prosecuting Authority, the courts, the Department of
Justice and Constitutional Development, and Department of Correctional Services.

CIAC: Crime Intelligence Analysis Centre.

Extraction: This is a highly unconstitutional and illegal form of interrogation and

consists of forcing the “truth” from a person by assault, torture, threats, intimidation
or the administering of chemical agents such as sodium pentothal (the so-called
truth serum).

Interrogation: Interrogation takes place when a police official questions a suspect

to get at the truth and to determine the suspect’s role in a matter. It is a formal
discussion and the suspect’s constitutional rights as well as the judges’ rules are to
be taken into consideration.

Interviewing: This is a conversation between an investigator and a person who is

not suspected of being involved in a crime.

Investigator: A person who investigates a crime, civil wrongdoing or incident

by obtaining corroborating information or evidence. This is usually the person
responsible for managing the case docket in a criminal investigation.

Judicial officer: The person presiding in a court of law during the proceedings,
who has the power to make a decision in relation to the matter presented to the
court. A judicial officer presiding in a magistrate’s court is called a magistrate and
is addressed as “your worship” whereas a judge presides in a High Court and is
addressed as “my lord/lady”.

Law enforcement official: Any public sector employee whose duties involve the
enforcement of laws. This may include officials attached to police, traffic, prisons,
customs, immigration and home affairs or any officials who have been granted
powers to enforce specific laws.

OVM1502/195
 Modus operandi (or MO): The techniques or methods used by a criminal to commit
a crime.

Suspect: A person who is involved in a crime as a possible perpetrator is referred

to as a suspect. A suspect may or may not have been arrested, but has not yet been
formally charged and has not appeared before court. Suspects are individuals whose
involvement in the commission of the crime has not yet been established beyond
all doubt.

Traffic officer: A “traffic officer” (Road Traffic Act 29 of 1989) means a traffic
officer appointed under section 3 and any member of the South African Police
Service as defined in section 1 of the South African Police Act 68 of 1995, and
includes a peace officer.

96