employee frauds cases south africa

Working together with law enforcement agencies, we will follow every lead pointing towards suspected fraud. 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 . They are scheduled to be sentenced on 17 May 2022. The domestic worker was arrested on Tuesday but has yet to appear in court. 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. Please enter your email address. Download the survey (PDF 3.7 MB) Start a conversation Hide Required fields are marked with an asterisk ( * ) Name * Email * Organisation * In 2020 the Fund embarked on the "follow the money" project was close to R 900 million was recovered. 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. But in his State of the Nation Address this year, President Cyril Ramaphosa acknowledged shortcomings and the need to strengthen the witness protection unit. Financial Crime in South Africa: Overview | Practical Law endstream endobj startxref Contact the public editor with feedback for our journalists, complaints, queries or suggestions about articles on News24. The 2020 fraudulent and dishonest claims statistics, released this week by the Association for Savings and Investment South Africa (Asisa), show that 2020 saw 3,186 cases of fraudulent and. The Unemployment Insurance Fund in South Africa ensures that workers can access short term financial relief if they require it, by asking employers to contribute towards the Fund. Unforeseen circumstances that lead to a loss of income can be devastating for many people. Contact the public editor with feedback for our journalists, complaints, queries or suggestions about articles on News24. 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). b\eX3x|NUGU=+P#I ;I{>N|Uf|+x;y"8c"Y^fb'evx_fIS4e6-;~$u6me;4ug'fNu3-+cBjNi?ymYiur'wev~o)'lq9N0yx6i,:s^Vb} KBqd}zUMO[\E06].D+aDaYs |ikAy8,Q1U"TtH,z6>rONA{8ORi{{8JCG&6h%pSy=F>=#|z9 Nw(s/t9v@9^ But, they all contribute to the economy and create jobs. Shongwe urged residents to be extremely cautious of helpers or domestic workers they employed. For more information about how we protect your personal information, click here, As its name suggests, Labour Guides websites are intended for guidance, or otherwise information, purposes only. Her August 2021 slaying was described as an assassination. 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 . Meanwhile, he advised social clubs members to approach the police for assistance when they doled money at the end of the year. hXmo6+pw@.uvAD# Two arrested for R14 million PPE corruption at the NHLS For 14 free days, you can have access to a world of in-depth analyses, investigative journalism, top opinions and a range of features. She then transferred an amount of R1-million from the clients account into Dagumas account through various fraudulent transactions. It provides cover to workers injured and/or who contract diseases at work. JOHANNESBURG (Reuters) - South African retailer Steinhoff said an independent report had found it had overstated profits over several years in a $7.4 billion accounting fraud involving a small. In South Africa, sentencing is considered the primary prerogative of trial courts, which enjoy wide discretion to determine the type and severity of a sentence on a case-by-case basis. Podcast series: click here to find them all. Media enquiries:Makhosonke ButheleziCell:071 491 7236, Copyright 2023 Government of South Africa. At the time, the employee's previous. A government health department employee who warned of illegal dealings worth nearly $50 million was shot 12 times in the driveway of her home. ", Levels of public confidence in our law enforcement capabilities, not to mention the political will to hold criminals and the corrupt accountable, have dropped to an all-time low, Corruption Watch executive director Karam Singh said. WATCH | Oh buoy! READ |Foreign nationals nabbed by Hawks and FBI for romance scam face extradition to the US. You can cancel anytime and if you cancel within 14 days you won't be billed. Employers sometimes know that misconduct has definitely taken place, but the employer cant pinpoint the actual culprit/s. PRECCA also imposes a statutory reporting obligation in instances where suspicion exists . To prove fraud, the. Once an investigation has been completed and sufficient evidence has been established to take disciplinary action against the employees involved, the next step is, generally, to convene a disciplinary enquiry. His son, Thomas Murray, who worked with his father, was declared dead at the scene. At the CCMA, Mr Ngcobo challenged the substantive fairness of his dismissal. Williams testified before the Zondo Commission implicating about 39 parties in corrupt activities at the countrys tax authority, the South African Revenue Service. US Court Orders South African Firm's CEO to Pay $3.4 Billion for Those who attempt or defraud the Unemployment Insurance Fund (UIF) should be aware that they will be arrested and punished for their heinous actions. This breaks my heart, Williams said in an interview with The Associated Press. This week Ivan Israelstam answers the question: what is workplace fraud? Last year Ramaphosa was booed at a May Day rally - unions say things have only got worse, Net closing in: Two more arrested in connection with Thabo Bester escape, Critical changes made to SASSA payment dates for the month of May, Prof Dan Kgwadi, NWU's 'transformation driver', dies, Costa Titch: Ultra SA, emergency medical company deny claims of negligence in treating rapper, Here is what the ANCs elections strategy workshop in May will entail, After 4 years and R100m to fix broken municipalities, a lot of plans are in place, says Cogta, Child sex abuse ring: Police have already identified some of Ackerman's clients, Municipality allows sewage spill to flow through township for six months. They were consequently charged with just over 80 counts of fraud, which includes theft and money laundering. To buy our E-book WALKING THE NEW LABOUR LAW TIGHTROPE please contact Ivan via ivan@labourlawadvice.co.za or 011-8887944 or 0828522973. For millions of South Africans who depend on Sassa's social grants, the start of a new month means grant payments have begun. Mlangeni and Daguma were arrested on 5 June this year at their respective homes when warrants for their arrest were executed. Entrepreneurs make big ideas turn into reality. The fraud could be committed for the advantage of a friend or family member or could be a means towards gaining the perpetrator a job. PODCAST | Consexual with Dr Eve: Weak erections and dissatisfaction, how to treat erectile PODCAST | Consexual with Dr Eve: Is sexting cheating? 2023 (3.0.23103.7) 24.com. endobj <>/Metadata 169 0 R/ViewerPreferences 170 0 R>> uzs^Ksl:ggo]]H}e]=&3s{u:>S}G:?1>$A2zz?0zBan'7. 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. As the most recent example, the brazen murder of Cloete Murray and his son sends a chilling and intimidating message to anyone seeking to end impunity for corruption and crime. During the period that Skosana pretended to be claiming for his staff, he made a total of R63 033.56, which the department is now without. A 49-year-old general security manager has been arrested after he allegedly committed fraud to the value of R2.1 million in Potchefstroom in the North West, the Hawks said. 1. The employer suffered a loss of R8,647.60 as a result of the employees conduct. "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 suspect) cellphone. Remembering that the fraud began in 2012, Skosana was in and out of court. After killings, calls to protect S. Africa's whistleblowers Oops! More AP Africa news: https://apnews.com/hub/africa. An employee is caught committing fraud in South Africa - BusinessTech Posts that attempt to bypass word filters will be deleted. a) thereof. In a statement, the UIF said not only did Uniondale Integrated Empowerment Project (UNIEP) illegally apply for the funds, the non-profit organisation (NPO) also . Feature: Internal fraud - Who commits it and why? - Accountancy SA 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. stream "Leader of A Movement:" During a Turbulent Time - Garvey <> Employment law update - Competent verdict - employee charged for 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. This helps to safeguard the integrity of the investigation, any evidence, as well as any potential witnesses, said Hinxman. They appeared in the Harrismith Magistrates Court and were granted R5 000 each, pending further investigation. The company led clear evidence that it had lost trust in him. 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. Through this company, he registered ghost employees so that he could claim UIF benefits on their behalf, when in fact it was going into his pocket. 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. Currently, disciplinary enquiries are held as extremely formal affairs, where those involved will sit down together in a tribunal manner. READ |Man found guilty on 280 counts of fraud after card cloning crime spree across Western Cape. Employers tend to charge employees who have received financial gain from misconduct with dishonesty or fraud even in cases where the benefit can be attributed to human error or negligence. What's your take on the South African nationals trapped in conflict-ridden Sudan? This week Ivan Israelstam gives examples of fair discrimination. Mr Ngcobo was charged with dishonesty and/or falsification of overtime claims. Another arrest in fraud case involving Standard Bank employee As per the case law above, the parity principle is a factor that has . This means that those frauds, for which employees have been caught are likely to be only the tip of the iceberg. Our offices are for administrative purposes only, no visitors will be accepted without an appointment. 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. are often trusted more than are junior employees. The survey went on to say that South African organisations reported that senior and middle management commit 77% of all internal fraud and that the profile of the typical fraudster is; Male Aged between 31 and 40, Has worked for his employer for more than 10 years Has acquired a university degree. %PDF-1.7 There are always exceptions in the cases, but employers are well-advised to follow the standard methods for each circumstance. This case cautions employers against charging employees with dishonesty simply because the employee has enjoyed some financial gain as a result of his or her misconduct. 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. After killings, calls to protect S. Africa's whistleblowers Recommended Reading:How To Check The Status Of Your NSFAS Application. UIF opens fraud case against NPO | SAnews 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. Where possible, people should use employment agencies to source helpers. The legal procedures that an employer is required to follow in implementing dismissals for misconduct, retrenchments and poor work performance are all different. Thereafter you will be billed R75 per month. 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.. The commissioner considered the evidence and held that the employer failed to prove that Mr Ngcobo had acted dishonestly and/or deliberately falsified his claims. However, it is important to note that an employee must be suspended on full pay. Deokarans killing spurred another corruption whistleblower, Athol Williams, to leave the country, he said. LISTEN | ESKOM DIRTY DOSSIER: Andr De Ruyter, the apartheid spy and the R50m off-the-books snoop. It is important that misconduct enquiries be led by a competent, impartial chairperson in order to ensure fairness, substantively and procedurally.This person can be an independent party or an internal manager who has no prior knowledge of the incident, said Hinxman. 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. This illustrates the urgent need for employers to make improvements to their evidence preparation skills and labour law expertise. He was found guilty and he was dismissed on 10 April 2014. 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. Journalism strengthens democracy. According to Sekgotodi, Skosana was sentenced to three years in prison and wholly suspended for five years. WATCH | Oh buoy! However, it is most unclear how an employee could logically complete an entire check confirmation form by mistake. 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. Thokozani Percy Skosana, 42, was a former employee of the Department of Labour and worked in the Unemployment Insurance Fund (UIF) sector. A former Labour Department employee was convicted and sentenced on Monday 4 November at the Witbank Regional Court for 15 counts of fraud. 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 times of uncertainty you need journalism you can trust. At what age did you start saving for retirement. For example, employers often get trapped into levelling an allegation of fraud against an employee. However, such gain would not have to be confined to direct financial advantage. At the CCMA, Mr Ngcobo challenged the substantive fairness of his dismissal. 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. Case against SARS accomplice postponed for a further pre-trial. Buying a home: Are deposits still needed? Many universities in South Africa are now taking applications for the 2024 academic year, here's a list of them and how you can apply. The specialist accountant and liquidator, 57-year-old Cloete Murray, was working on the financial accounts of a company that was heavily implicated in allegedly bribing government ministers and others to win huge state contracts. An employer is legally able to suspend an employee without informing them of the nature of the allegations. PDF In the Tax Court of South Africa Held at Durban They were found guilty on 487 counts of VAT fraud and alternative charges such . It is a type of dishonesty that is normally committed in such a way that its very existence is concealed. committing fraud and concluding that his dismissal was substantively fair. Spokesperson for the Mpumalanga Hawks, Captain Dineo Lucy Sekgotodi said: Nobody could count how many court appearances he has made over the years.. Thorough background checks should be made of people we hire in our houses, whether they are local or foreign nationals. BREAKING NEWS LIVE | More arrests in Thabo Bester escape case. In the latest news in South Africa on Tuesday 2 May 2023, two more former G4S employees were arrested in the Thabo Bester case. Those who have helped themselves to funds earmarked for workers during the lockdown should always remember that the law is creeping towards them and they will not have any peace. Workplace fraud, by its nature, is a secretive act. 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.

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