Course in Anti-Corruption and Commercial Crime Investigation (PCCI02B)
Institution
University Of South Africa
This exam preparation contains questions and answers from previous papers and tutorial letters from 2017 to 2020. Well summarized and easy to study. If you master all the questions and answers, then a distinction is yours.
course in anti corruption and commercial crime investigation
unisa
university of south africa
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University Of South Africa
Course in Anti-Corruption and Commercial Crime Investigation (PCCI02B)
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Exam Date: 20/10/2021
Examination Preparation Pack 2021
APPLY LEGAL PROCEDURES AND PRECEDENTS
PCCI02B
Course in Anti-Corruption and Commercial
Crime Investigation (7246X)
Centre for Criminological Sciences
DISCLAIMER INFORMATION:
This examination preparation was compiled by a study using previous question
papers and tutorial letters from 2016 – 2020. Please note that this paper does NOT
represent the true reflection of the exam paper to be written.
Exam target: 75%
,Qualification: Module Code:
Course in Anti-Corruption and Commercial Crime Investigation PCCI02B
QUESTION 1:
State whether the following statements are true or false and substantiate your answer:
1.1. Nowhere in the Protected Disclosures Act 26 of 2000 does one find the word
“whistleblower”. (2)
❖ True, because “whistleblower” (in this context) is only a dictionary word is South
Africa.
1.2. The Protected Disclosures Act 26 of 2000 only applies to the State (as the employer)
and a State official (as the employee). (2)
❖ False, according to the Protected Disclosures Act 26 of 2000 section 2(2), this Act
applies to any protected disclosure made after the date on which this section comes
into operation, irrespective of whether or not the impropriety concerned has
occurred before or after the said date.
1.3. Since the advent of the Protected Disclosures Act 26 of 2000, a so-called “hotline” is
outdated and unnecessary. (2)
❖ False, because the Act did not amend and/or repeal any other legislation.
1.4. Employee X has made a bona fide protected disclosure which turned out to be
unfounded. Since then employee X is (legally) searched every time she arrives at her
office, as well as every time she leaves her office, while other employees (colleagues of
X) are never, ever searched. As far as employee X is concerned, this is an occupational
detriment referred to in Act 26 of 2000. (2)
❖ False,
1.5. An employee who makes a protected disclosure to her employer in terms of Act 26
of 2000, is in fact a statutory informer. (2)
❖ True, because the discloser information referred in the Protected Disclosures Act
26 of 2000 is, nothing but the statutory informer, because the concept is established
by statute.
Compiled by: Bravellipius 2
,Qualification: Module Code:
Course in Anti-Corruption and Commercial Crime Investigation PCCI02B
Identify whether the following statements, regarding the Prevention and Combating of
Corrupt Activities Act 12 of 2004, are true or false:
1.6. If corruption, committed before Freedom Day 2004, comes to light, there is nothing
the SAPS/public prosecutor can do about it. (1)
❖ False
1.7. Section 10 of the Prevention and Combating of Corrupt Activities Act 12 of 2004 is
in essence a replacement of the common law offence of bribery. (1)
❖ True
1.8. Professor X, who corruptly demands an undue gratification from student Y for him
to pass his/her examination, is guilty of contravening section 10, alternatively section
3 of Act 12 of 2004. (1)
❖ True
1.9. X is a bank manager and knows about fraud being committed in his/her bank. He
fails to disclose it to a police official because he is afraid of a public scandal. Because
the amount involved in the alleged fraud is R99 999 00, X is not obliged to report it to
a police official. (1)
❖ False
1.10. X is a bank manager and is aware that one of the staff members has divulged
information about a client’s account to an unauthorized person. She feels that because
only a bottle of brandy that was given as a token of gratitude, she is under no
obligation to report it to anyone. (1)
❖ False
1.11. The definition of “gratification” in act 12 of 2004 is so wide that it includes anything
from a bottle of brandy, to a holiday in Mauritius, or to sex. (1)
❖ True
1.12. A police officer who chairs a disciplinary hearing is considered to be a judicial
official for the purposes of this Act. (1)
❖ True
Compiled by: Bravellipius 3
, Qualification: Module Code:
Course in Anti-Corruption and Commercial Crime Investigation PCCI02B
1.13. If an Australian member of a South African cricket team touring in India,
corruptly receives a gratification in India for fixing a certain cricket match in India,
he can be tried in a South African court of law for the offence concerned. (1)
❖ True
1.14. A person who has given information of corruption and has reason to fear for his/her
life or safety may be placed under protection in terms of the Witness Protection Act
112 of 1998. (1)
❖ True
1.15. A person who accepts an undue gratification and a person who gives an undue
gratification both commit the same offence of bribery. (1)
❖ False
______________________________________________________________________________
Identify whether the following statements, in terms of the Electronic Communication and
Transactions Act 25 of 2002 as well as the Regulation of Interception of Communications
and Provision of Communication-related Information Act 70 of 2002, are true or false:
1.16. “Cyber-crime” is a substantive offence. (1)
❖ False
1.17. The overall objective of Act 25 of 2002 is to enable and facilitate electronic
transactions by creating legal certainty around transactions and communications
conducted electronically. (1)
❖ True
1.18. Act 25 of 2002 applies in respect of any electronic transaction or data message in
criminal and civil proceedings. (1)
❖ True
1.19. A data message made by a person in the ordinary course of business, or a copy or
printout or an extract from such a data message certified to be correct by an officer
in the service of such person is on its mere production admissible in evidence against
any person in any civil, criminal, administrative, or disciplinary proceedings. (1)
❖ True
Compiled by: Bravellipius 4
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