| (1) |
Any person who holds a position of authority and who knows or ought reasonably to have known or suspected that any other person has committed— |
| (a) |
an offence under Part 1, 2, 3 or 4, or section 20 or 21 (in so far as it relates to the aforementioned offences) of Chapter 2; or |
| (b) |
the offence of theft, fraud, extortion, forgery or uttering a forged document, |
involving an amount of R100 000 or more, must report such knowledge or suspicion or cause such knowledge or suspicion to be reported to the police official in the Directorate for Priority Crime Investigation referred to in section 17C of the South African Police Service Act, 1995, (Act No. 68 of 1995).
[Section 34(1) substituted by section 21 of the South African Police Service Amendment Act, 2012]
| (2) |
Subject to the provisions of section 37(2), any person who fails to comply with subsection (1), is guilty of an offence. |
(3)
| (a) |
Upon receipt of a report referred to in subsection (1), the police official concerned must take down the report in the manner directed by the National Head of the Directorate for Priority Crime Investigation, appointed in terms of section 17C(2)(a) of the South African Police Service Act, 1995, (Act No. 68 of 1995), and forthwith provide the person who made the report with an acknowledgment of receipt of such report. |
[Section 34(3)(a) substituted by section 21 of the South African Police Service Amendment Act, 2012]
| (b) |
The National Head of the Directorate for Priority Crime Investigation, must within three months of the commencement of the South African Police Service Amendment Act, 2012, publish the directions contemplated in paragraph (a) in the Gazette, during which period any existing notice issued in terms of the Act shall remain in force. |
[Section 34(3)(b) substituted by section 21 of the South African Police Service Amendment Act, 2012]
| (c) |
Any direction issued under paragraph (b), must be tabled in Parliament before publication thereof in the Gazette. |
| (4) |
For purposes of subsection (1) the following persons hold a position of authority, namely— |
| (a) |
the Director-General or head, or equivalent officer, of a national or provincial department; |
| (b) |
in the case of a municipality, the municipal manager appointed in terms of section 82 of the Local Government: Municipal Structures Act, 1998 (Act No. 117 of 1998); |
| (d) |
any head, rector or principal of a tertiary institution; |
| (e) |
the manager, secretary or a director of a company as defined in the Companies Act, 1973 (Act No. 61 of 1973), and includes a member of a close corporation as defined in the Close Corporations Act, 1984 (Act No. 69 of 1984); |
| (f) |
the executive manager of any bank or other financial institution; |
| (g) |
any partner in a partnership; |
| (h) |
any person who has been appointed as chief executive officer or an equivalent officer of any agency, authority, board, commission, committee, corporation, council, department, entity, financial institution, foundation, fund, institute, service, or any other institution or organisation, whether established by legislation, contract or any other legal means; |
| (i) |
any other person who is responsible for the overall management and control of the business of an employer; or |
| (j) |
any person contemplated in paragraphs (a) to (i), who has been appointed in an acting or temporary capacity. |
Gold Membership
