What's your take on the South African nationals trapped in conflict-ridden Sudan? You can cancel anytime and if you cancel within 14 days you won't be billed. Our offices are for administrative purposes only, no visitors will be accepted without an appointment. Working together with law enforcement agencies, we will follow every lead pointing towards suspected fraud. The Hawks have arrested two people in connection with R14m PPE tender fraud at the National Health Laboratory Services (NHLS). Comments will be closed 24 hours after the article is published. The Prevention and Combating of Corrupt Activities Act ( PRECCA) is South Africa's main anti-bribery and anti-corruption legislation and is akin to the United Kingdom's Bribery Act. He said he testified out of a sense of civic duty but was not offered any protection despite the important evidence he provided and will not return to his home country unless his safety is guaranteed. According to the complainant, she did not give permission to the employee to have copies of such documents," police spokesperson Brigadier Selvy Mohlala said. Riebeek-Kasteel pupils get swimming lessons in NSRI shipping WATCH | 10 000 Rwandan women help fight against malaria, and can earn a wage doing it, Predict the winners of two FA cup semi-final ties and you could WIN with Edgars, Energy access will be a key discussion point at Enlit Africa, Flexibility, technology and not wasting a crisis: Tips for future-proofing business. 335 0 obj <>stream Millions of unemployed individuals rely on the governments social support grant, and this monthly financial support is associated with positive effects on poverty and inequality. LISTEN | Could Gerhard Ackermans conviction uncover more child sex abuse kingpins? This week, Ivan Israelstam explains the legally distinct reasons for dismissal: for misconduct, for poor work performance, and for operational requirements. A former Labour Department employee was convicted and sentenced on Monday 4 November at the Witbank Regional Court for 15 counts of fraud. However, such gain would not have to be confined to direct financial advantage. "Fraud" is a criminal charge and has criminal elements to prove. 3 0 obj Williams is a former partner at consultancy firm Bain & Co, which he also accused of in his allegations regarding the tax authority. Using comment sections to post about or comment on closed threads will result in that section being closed to further posts. LISTEN | ESKOM DIRTY DOSSIER: Andr De Ruyter, the apartheid spy and the R50m off-the-books snoop. Rapid response in these situations can help employers avoid the possibility of losing out on valuable information or destruction of key evidence as a result of inappropriate handling of processes or inadvertently tipping off a suspect.. Legal officials, public supporters, and his associates demanded . Below, Hinxman shared some insights into key questions you might have as an employer when taking action against employees suspected or alleged of having committed fraud. They are scheduled to be sentenced on 17 May 2022. No matter the size of a business, fraud can have a significant impact on its reputation, operations and revenue, says Lucinda Hinxman, lead consultant of Employment & Labour at law firm CMS South Africa. The initial case against Mlangeni and Daguma is scheduled to be heard in the Bethlehem Regional Court on 11 September. PRECCA creates a general offence of corruption that is broadly defined. Play daily crosswords, sudoku, puzzles, and more. Williams testified before the Zondo Commission implicating about 39 parties in corrupt activities at the countrys tax authority, the South African Revenue Service. Bongani Innocent Mazibuko (38), appeared briefly appeared at the Harrismith Magistrates Court on charges of fraud, money laundering and theft. Shongwe said according to the employer, she received a tip-off from someone who was adamant the suspect had already given her information to someone who later used it for criminal purposes. At the time, the employee's previous. Simply put, the arbitrator found the employee's dismissal unfair once he was dismissed for a misconduct which he was never charged for. He may be contacted on (011) 888-7944 or 0828522973 or on e-mail address: [emailprotected]. According to Sekgotodi, Skosana was sentenced to three years in prison and wholly suspended for five years. This leaves the door open to severe consequences arising, which may be compounded by a delayed and disorganised response.. The Hawks investigation revealed that Daguma utilised some of the money to buy a Nissan NP200 (bakkie), which he sold for R120 000 on 9 June. A third person has been detained by the Directorate for Priority Crimes Investigation (Hawks) in connection with alleged fraud of R1-million perpetrated by an employee at the Standard Bank branch in Harrismith in the Free State. Currently, disciplinary enquiries are held as extremely formal affairs, where those involved will sit down together in a tribunal manner. A newsletter dedicated to the best conversations and comments on News24. In addition, he had claimed payment for time that he was not at the workplace in that there were 13 instances where he had failed to clock out during lunch break thus representing an incorrect reflection of his actually hours worked. The agency responsible for paying these grants has revealed the payment dates for the next year. . Podcast series: click here to find them all. At CCMA the employer has the full onus of proving that the employee was guilty of the charges and hence that the dismissal was fair; Many commissioners see the preservation of the jobs of employees to be of great importance and will not be likely to uphold a dismissal decision unless the employer has succeeded in convincing the commissioner that dismissal is fully justified; Employees have access to highly experienced and skilled trade union officials to represent them at CCMA. Third person arrested by Hawks in connection with alleged fraud of R1-million by an employee at the Harrismith branch. In the case of CEPPWAWU obo Limba vs Consol Glass (2009, 5 BALR 431) the employee was dismissed for fraud after he completed a form, wherein he claimed to have conducted a sample check. A domestic worker has been arrested on a fraud charge in Mpumalanga after she allegedly took photos of her employer's important documents, ostensibly to use it for criminal purposes. Commissioner Maruping has conveyed his gratitude to law enforcement agencies for the latest conviction and arrests. Mr Ngcobo claimed overtime at an incorrect rate for a period of three months in July, November and December 2013 he had submitted claims at the rate of 1.5 per hour which was higher that his normal hour rate. This case concerns the nature and extent of the obligation that rests on an applicant for employment to disclose the circumstances surrounding a . Podcast series: click here to find them all. Copyright Blue Sky Publications Ltd. All Rights Reserved. A convenient time and Last year Ramaphosa was booed at a May Day rally - unions say things have only got worse, Net closing in: Two more arrested in connection with Thabo Bester escape, Critical changes made to SASSA payment dates for the month of May, Prof Dan Kgwadi, NWU's 'transformation driver', dies, Costa Titch: Ultra SA, emergency medical company deny claims of negligence in treating rapper, Here is what the ANCs elections strategy workshop in May will entail, After 4 years and R100m to fix broken municipalities, a lot of plans are in place, says Cogta, Child sex abuse ring: Police have already identified some of Ackerman's clients, Municipality allows sewage spill to flow through township for six months. All fraudsters are on notice and we hope more suspects are arrested and sent straight to jail. TheSouthAfrican.com is all about South Africa and the stories that affect South Africans, wherever they are in the world. She was shot multiple times inside her car soon after dropping her daughter off at school and her story has become a rallying call. We also thank the public for being vigilant about the abuse of Covid-19 TERS funds by blowing the whistle to us; said Maruping. Andre de Ruyter has spoken of corruption linked to the government and others at the utility and said Wednesday that unnamed sources who provided him with information feared for their lives. This must represent a turning of the tide for our country.. On appeal, the employer argued that the employee was guilty of dishonesty and not negligence because during the arbitration proceedings, the employer had shown that the employee had deliberately submitted false claims. At the CCMA, Mr Ngcobo challenged the substantive fairness of his dismissal. Is External Pressure From A Third Party Sufficient To Justify A Dismissal? Never miss a story. Murray was shot in the head while driving with his son in an SUV on the N1 highway just outside Johannesburg in March. 1 0 obj Shongwe urged residents to be extremely cautious of helpers or domestic workers they employed. The commissioner appeared to believe that the employee had made an error by completing the form. The death of Babita Deokaran, an employee of the health department in Gauteng province, already underlined the dangers for whistleblowers in South Africa. The employer suffered a loss of R8,647.60 as a result of the employees conduct. Invest in the future today. Crime counted a total of 1,971 assassination cases in South Africa between 2000 and 2021, with whistleblowers accounting for many . The good news is that you can apply for an IEB matric rewrite. Copyright 2023 by The Associated Press. But, they all contribute to the economy and create jobs. In this instance intention to %%EOF The liability of an employer, however, under circumstances where an employee commits an intentional wrong entirely for his or her own purpose, is a very different kettle of fish. The fictitious employees reportedly received monthly salaries in their fictitious bank accounts which were later reversed by the suspect and deposited into his personal account," Mogale said. For more information please contact Thabang Rapuleng at [emailprotected] or Tamsanqa Mila at [emailprotected], Article published with the kind courtesy of Cliffe Dekker Hofmeyr www.cliffedekkerhofmeyr.com. The CFTC charged South Africa-based Cornelius Johannes Steynberg with fraud in June 2022, alleging the "controlling person" at MTI accepted 29,421 BTC (valued at more than $1.7 billion at the time . The moment that any serious allegations of misconduct are suspected or have been discovered against an employee is exactly when an employer must take action, said Hinxman. This week Ivan Israelstam explains how a CCMA Arbitrator dealt with a dismissal where an employer mistakenly thought that an employee could "dismiss themselves" - and exactly what the mistake cost the employer. Tax fraudsters sentenced in high court. South Africa Blue Sky Publications (Pty) Ltd T/A TheSouthAfrican Number: 2005/028472/07. A newsletter dedicated to the best conversations and comments on News24. During arbitration, he admitted to claiming overtime for time spent outside the workplace during his lunch hour however he explained that his actions were not dishonest and intentional and had apologised for the transgressions. This illustrates the urgent need for employers to make improvements to their evidence preparation skills and labour law expertise. To date, there have been four convictions of individuals who have defrauded the UIF of Covid-19 TERS funds, and more are expected as 15 cases have been referred to the SIU for further investigation. Elevate responsibility for platform risk management Platform fraud requires executive attention and an integrated, enterprise-wide response strategy with a focus on resilience as its foundation. It is the lowest form of unethical behavior to ask a citizen to risk their life for our country and then not offer them protection when they face retaliation.. It provides cover to workers injured and/or who contract diseases at work. In the case of Drs Dietrich, Voigt and MIA v Bennet CM N.O CA 14/2016, the Labour Appeal Court confirmed that not all conduct that leads to financial benefit is nefarious. That is the stern warning issued by UIF Commissioner Teboho Maruping, who has welcomed the recent conviction of a couple who cheated the UIF's Covid-19 Temporary Employer-Employee Relief Scheme (Covid-19 TERS) out of more than R10 million. Millions of unemployed individuals benefit from the Social Relief of Distress grant every month. The legal procedures that an employer is required to follow in implementing dismissals for misconduct, retrenchments and poor work performance are all different. %PDF-1.7 During 2012, now seven years ago, he fraudulently started a company named Simajale Transport and General Dealer. A US judge ordered a South African executive to pay more than $3.4 billion in restitution and fines for a fraud scheme involving Bitcoin the highest-ever civil monetary penalty in any US . As per the case law above, the parity principle is a factor that has . Reaction involves taking seriously all reports or hints of irregularities, swift action and, above all, building a cast iron case against the accused. TheSouthAfrican.com is all about South Africa and the stories that affect South Africans, wherever they are in the world. hb```RO@(1 WRo0 n6nozn>v^ki)@],upAm (;W#fN- The three were accused of colluding with a physiotherapist, Dr Jones Mothemola Modau, by siphoning the compensation fund and channelling the money into Modaus account and a friends driving school account. WASHINGTON (Reuters) - A federal judge in Texas ordered the head of a South African firm to pay a whopping $3.4 billion for what the U.S. commodities regulator said was its largest-ever fraud case . Nothing in any of Labour Guides websites is to be considered as rendering legal or professional advice. The Labour Appeal Court held that the main issue to be determined was whether the employee acted intentionally or negligently. gunmen while traveling on one of South Africa's . 2 0 obj READ |Foreign nationals nabbed by Hawks and FBI for romance scam face extradition to the US. Rc$3@[8#F\XhA|#Cc!m]^V1.8>JVl>q, The ombud investigated more than 2,880 banking fraud related cases last year, an increase of 7.5% from 2020. 295 0 obj <> endobj In relation to the second charge, Mr Ngcobo also explained that the claims submitted at the rate of 1.5 per hour were made in error. At the arbitration the employer was unable to convince the commissioner that the employee had completed the form for reasons of fraud. Not Reportable . The fraud could be committed for the advantage of a friend or family member or could be a means towards gaining the perpetrator a job. In the latest news in South Africa on Tuesday 2 May 2023, two more former G4S employees were arrested in the Thabo Bester case. Rabkin-Naicker J also observed that the Mr Ngcobos claims were approved by his line manager who had also recorded on email that she and Mr Ngcobo had learned a lesson from their mishaps. In 2020 the Fund embarked on the "follow the money" project was close to R 900 million was recovered. To date, there have been four convictions of individuals who have defrauded the UIF of Covid-19 TERS funds, and more are expected as 15 cases have been referred to the SIU for further investigation. endobj uzs^Ksl:ggo]]H}e]=&3s{u:>S}G:?1>$A2zz?0zBan'7. WhatsApp 060 011 021 1. There are always exceptions in the cases, but employers are well-advised to follow the standard methods for each circumstance. A domestic worker has been arrested on a fraud charge in Mpumalanga after she allegedly took photos of her employer's important documents, ostensibly to use it for criminal purposes. However, employers may need to begin to rethink their idea of what an enquiry should look like, while still meeting the procedural fairness required in terms of the Labour Relations Act (LRA), particularly as the Covid-19 pandemic and remote work have changed the work environment.. Play daily crosswords, sudoku, puzzles, and more. Thorough background checks should be made of people we hire in our houses, whether they are local or foreign nationals. However, for the same misconduct, the allegation of misappropriation of funds could be used which has less of a burden of proof did the employee take the money without an authorisation? WATCH | Oh buoy! Security breaches took a heavy toll on the industry, whose losses to online payment fraud were estimated at 20 billion U.S. dollars that year. . In August of 2018, three men by the names of Maxwell Ramaphosa, Samuel Mfeleng, and Kgabo Johanna Methi were found guilty on charges of defrauding the Department of Labours Compensation Fund of R476 150.58 as reported by The Citizen. BREAKING NEWS LIVE | More arrests in Thabo Bester escape case. Appointing the correct chairperson can also help to ensure that the true misconduct (if any) is identified, notwithstanding the categorisation of the allegation against the employee, she said. This week, the former head of the state-owned electricity utility, a company brought to its knees by mismanagement and corruption, appeared at a parliamentary hearing virtually from an undisclosed location because of fears for his safety, he said. Kindly take notice of our disclaimer policy published at the bottom of the home page of this website. Celebrating World Book Day with trees and TikTok. How To Apply To Rewrite IEB Matric Papers, Beware Of Retrenchments For Poor Performance, How To Check The Status Of Your NSFAS Application, Here's The Sassa Grant Payment Schedule For 2023/2024, 2024 Applications Are Now Open At These Universities, April Sassa Grant Payments Continue Today, often have easier access to bigger amounts of money, can cause great damage to customer relations, can be in a better position to cover up irregularities. Then he goes explain what employers need to be able to prove to sustain a case, when there is a dismissal dispute lodged at the CCMA. It is possible that, after completing a sample check, the employee could make some errors while completing the check confirmation form. In times of uncertainty you need journalism you can trust. The man was arrested in the early hours of Wednesday by the serious corruption investigation unit and was expected to appear in the Potchefstroom Magistrates Court to face charges of fraud and money laundering. He was found guilty and he was dismissed on 10 April 2014. A government health department employee who warned of illegal dealings worth nearly $50 million was shot 12 times in the driveway of her home. Prevention involves the principle of trusting nobody and the implementation of comprehensive safeguards. Invest in the future today. May Employers Dismiss All Employees Who May Be Involved Without Evidence? This means that those frauds, for which employees have been caught are likely to be only the tip of the iceberg. <>/Font<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> which confirms that employees committed fraud. Hawks spokesperson Colonel Katlego Mogale said the man allegedly approached area supervisors working around North West to start recruiting "ghost employees". $~w'Rm@`HG3%9F1Lr1LzT[f$;6gBX4LRI@ He explained that they were not submitted with an intention to deceive the employer because they were supported by time sheets which were approved by his manager. South African anti-corruption organization Corruption Watch said the killings of the Murrays was further evidence that the country faced a crisis in terms of the rule of law. What are the procedures you need to follow? In fact, the Global Economic Crime and Fraud Survey showed that 41% of economic crimes in South Africa were committed by employees, compared to only 36% by external fraudsters and 21% a collusion between the two. The court examined the test for reasonable person in the context of the workplace and held that the employee failed to act with the degree of care and standard expected of a person in his positio n. It assessed the evidence that was before the commissioner and held that the commissioners findings were reasonable. The procedural requirements which employers must meet are that an investigation must be held; employees must be notified of the allegations against them using language they can reasonably understand; employees must be able to respond to the allegations, and be given a reasonable amount of time to prepare such response whereafter an independent decision-maker must decide whether the employee has acted as alleged and whether dismissal is appropriate. facts which is a dishonesty offence related to fraud. Tshwane: Heres your updated load shedding schedule for Tuesday, Daily devotion: Your bible verse and prayer for 2 May 2023, South Africa: Todays latest news and headlines, Tuesday, 2 May 2023, Load shedding on TUESDAY: Heres the UPDATED schedule, KwaZulu-Natal Weather: THUNDERSHOWERS and clouds TODAY, Gauteng Weather: Cool but mostly sunny day expected. This week ivan Israelstam deals with cases where this has happened. These are distinctly different reasons, and each has a distinctly different procedure to achieve a legally compliant dismissal. A new wave of fraud is targeting bank customers and the number of people falling victim . This material may not be published, broadcast, rewritten or redistributed. For example, claiming false qualifications for a job would be fraudulent in the sense that the job applicant would be gaining employment based on a lie. endobj This week Ivan Israelstam answers the question: what is workplace fraud? However, it is most unclear how an employee could logically complete an entire check confirmation form by mistake. The annual International Fraud Awareness Week last November highlighted an increasing problem that organisations around the world are . WhatsApp 060 011 021 1. Grants are paid out based on a grant payment schedule. It is a type of dishonesty that is normally committed in such a way that its very existence is concealed. In either instance, a capable chairperson will be able to recognise that an employer is not a legal representative and can identify the true misconduct of the employee.. 18. Posts that attempt to bypass word filters will be deleted. Hawks spokesperson Colonel Katlego Mogale said the man allegedly approached area supervisors working around North West to start recruiting "ghost employees". Remembering that the fraud began in 2012, Skosana was in and out of court. x\]o}0d"`}^RAYmXS=%PSUjozt9=}{p}{/S^'Gy\R~G74w{[zSSnnSs~ READ |Man found guilty on 280 counts of fraud after card cloning crime spree across Western Cape. BY Ivan Israelstam, Chief Executive of Labour Law Management Consulting. After concerns from Mr Ngcobos line manager regarding his overtime claims, the employer audited his claims forms and the investigation revealed the following: Mr Ngcobo was charged with dishonesty and/or falsification of overtime claims. The compensation fund is a public entity under the administration of the Department of Labour. Are you an IEB learner looking to improve your matric results or unable to sit for the exams? <> He advised communities to avoid carrying large sums of cash but to rather share the dividends by doing electronic transfers. Knowing when they will receive their money is critical for beneficiaries of the grant as it will inform them how to manage their funds. WASHINGTON, April 27 (Reuters) - A federal judge in Texas ordered the head of a South African firm to pay a whopping $3.4 billion for what the U.S. commodities regulator said was its largest . Financial Implications For Employers Who Lose Unfair Discrimination Matters, How To Register Your Company For UIF & CF Using BizPortal. PODCAST | Consexual with Dr Eve: Weak erections and dissatisfaction, how to treat erectile PODCAST | Consexual with Dr Eve: Is sexting cheating? "The complainant reported that she got information that her 26-year-old employee has photos of her documents [ID, bank card and an actual photo] on her (the . All JSE data delayed by at least 15 minutes. More AP Africa news: https://apnews.com/hub/africa. Unforeseen circumstances that lead to a loss of income can be devastating for many people. He may be contacted on (011) 888-7944 or 0828522973 or on e-mail address: ivan@labourlawadvice.co.za. Consequently, the statements from the people who were falsely registered to receive UIF benefits were obtained and Skosana was arrested. The information on this website does not constitute legal advice. This week, the Commodity Futures Trading Commission took aim at a South African individual in the largest Bitcoin fraud case under the regulator's purview, resulting in more than $3.4 billion in . It was then revealed she had compromising information about the woman and her family, he added. LISTEN | ESKOM DIRTY DOSSIER: Andr De Ruyter, the apartheid spy and the R50m off-the-books snoop. To prove fraud, the employer must be able to prove misrepresentation, unlawfulness, actual or potential prejudice and intention. Can Employers Retrench Employees For Poor Performance? The Court additionally ordered him to pay the spent money back to the department. Oops! While fraud can occur at any level it is at its most dangerous at the upper levels of the organisation. Police say a serious commercial crime investigation has linked Mazibuko to an alleged case of fraud committed at Harrismith Standard Bank earlier this year by Hopewell Mpendula Daguma (31) and his partner Thandeka Tryphina Mlangeni (32).
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