THE NEED FOR A PRIVATE INVESTIGATOR
INFORMATIVE AND DIRECTIONS MEMORANDUM
- There are supposed to be a certain amount of steps taken in any event justifying an investigation in whichever scenario.
- There must be some sort of wrongful deed or occurrence which resulted in the fact that somebody suffered some sort of injury, prejudice (patrimonial or non-patrimonial) or emotional damages.
- When this event occurred the prejudiced individual has the options or remedies to report the incident to the South African Police or obtain the services of an attorney to process the matter through the legal mechanisms available.
- In South Africa today the services of a qualified Private Investigator became much more essential because there are just to many requirements to comply with in equilibrium with the Constitution of 1996 that Attorneys and the South African
Police cannot cope to prove these incidents sufficiently in a cost effective manner on the one hand and in a less frustrating manner on the other hand.
- In order to function as a Private Investigator the person must be registered as a service provider with the Private Security Industry Regulatory Authority known as PSIRA.
- Once registered the service provider is issued with a silver identification card from PSIRA as well as a certificate in order to authenticate this registration.
- In order to have the words "Private Investigator" printed on his/her identification card he/she need to have a competent qualification recognized by the SAFETY AND SECURITY SECTOR EDUCATION AND TRAINING AUTHORITY known as
- If the "Private Investigator" does not have this recognized qualification he/she is simply not a private investigator and cannot provide you with admissible evidence in the Courtrooms of South Africa nor in an adjudication forum.
- In order to perform the duties of a Private Investigator it must be clearly stated on the identification card issued by PSIRA. Insist on that proof before you sign the contractual and investigative mandate. It shall be null and void anyway but your
paid fee will be gone forever.
Individuals and Companies performing the duties of Private Investigators
- A sole proprietor acting on his own may perform the duties of a Private Investigator only if he/she is registered as such.
- Anyone can employ such a sole proprietor on a contractual basis for a certain period of time for the financial reward of that proprietor alone. The proprietor receives the financial reward himself and no other person can share his/her fees unless
that person is registered as a company providing the services of private investigations. The Private Investigator shall in the last instance earn a salary and will be an employee of such a company or business.
- More or less the same rules apply for a Company and the difference lies therein that if someone in the format of a business want to use an investigator to perform his/her companies functions as an investigator and gain financially from the client
through the labour of the investigator, such a person must be registered as a Company with PSIRA at a current cost of R 5400-00 and it must also comply with certain other criterion.
- Associates are individuals who share infrastructure but work for their own pockets. They are the same as sole proprietors but the only difference is that they share resources which reduce costs like for example shared office space.
Explanation of evidence accumulation and the burden of proof
- In order to prove any case there are two essential pieces of evidence overshadowing all the requirements set out by law and rules and it is:
- The facta probanda, and
- The facta probantia.
The facta probanda:
The facts that must be proved by The Client (Complainant, Plaintiff, Applicant etc.) as the case may be, in order to make out a valid cause of action.
The facta probantia:
The evidence that is required to be led by The Client (Complainant, Plaintiff, Applicant etc.) as the case may be, in order to prove the facta probanda.
- It is these two essential components of evidence together with the other ingredients that a Private Investigator will accumulate and then you take the end result in other words your case file to the South African Police, Attorneys, Trustee's,
Employer, Employees, Managers, Victim's, Board of Director's etc. to deal with it accordingly.
- A Private Investigator accumulate all the necessary facta probanda and facta probantia to successfully achieve the desired result or outcome to the benefit of The Client if these allegations are in fact the truth and legal remedies exist to deal with
the positive result accordingly.
- There are two results in a private investigation namely a positive result and a negative result.
- When the investigator report back that the result is positive it means that there are prima facia evidence in the investigation that The Client or person or entity who gave the instruction to investigate the isolated issue allegations proves to carry
enough watertight merits to achieve the initial desire of The Client and that he/she can now proceed to the next step to institute a legal remedy to "prosecute" or "sue" or "interdict" or "discharge an employee" etc. The result can be argued as
"a positive result". In other words the allegations of The Client were objectively correct and true.
- When the investigator report back that the result is negative it actually means that the investigator still investigated the isolated matter and that refuting evidence was discovered and that The Client did not make out a proper case and that no
grounds exists for him/her to go further with the matter. The truth has thus been discovered or nothing which will fly in a "prosecuting tribunal" was discovered or accumulated.
- The Client uses his/her prerogative to decide which route he/she wants to follow with the comprehensive set of available evidence applicable in the isolated scenario.
- It appears to be a costly exercise at first sight but at the end it is far less expensive and frustrating in comparison with the experiences you will encounter with the South African Police, Attorneys, Government Officials, Hospitals but to name a
- It saves a lot of money and frustration and it gives closure on an occurrence much quicker.
- At the conclusion of the investigation the South African Police have the minimum work to do in obtaining plus-minus 10% of outstanding requirements like warning statements from the suspects, apprehending (arrest) the suspects etc.
- The Attorney can immediately proceed with the drafting and should not sent you back "home" to bring outstanding documents or witness affidavits which you will already have ready if you used the services of a Private Investigator. You and
The Private Investigator already bridged this obstacle.
- Remember every time you talk or engage with your attorney they charge fees. Even if you speak on the telephone with them, they charge fees. When they need further information they need to consult and write letters which cost you an
average of R2 500-00 each time.
- Assist the Attorneys to do what they are good at and that is to draft your evidence in a chronological manner in order to persuade the presiding officer to rule in your favour.
- Obtain the services of a duly qualified and registered Private Investigator to streamline your case and to put you in a position to find solace and joy.
Adv. E. Smit (Private Investigator)
N. Dip. Pol. Admin. Bachelor of Laws (LLB) (UNISA)
PSIRA Reg. No: 2068519 SASSETA Reg. No: 201219BA040509 P.I.
Cell: 060 635 6205 /
19 Perskeblom Street, Pellissier, Bloemfontein, South Africa
(Sole Proprietor i.t.o. Sections 1; 20 (1) (a) and 21 of the PSIRA Act No. 56 of 2001)