Here’s how the digital Section 205 subpoena benefits crime-fighting in South Africa

To bolster South Africa’s capacity to investigate and prosecute financial crime, the Banking Association of South Africa (BASA) and the South Africa Banking Risk Information Centre (SABRIC) partnered with the Directorate for Priority Crime Investigation (known as Hawks) launching the digital section 205 subpoena making it easier for investigators to serve a subpoena. 

National Head of the Hawks Lieutenant General Godfrey Lebeya said the business sector is a crucial partner in the fight against crime. 

He said the digital landscape in which the Hawks operates is evolving at the speed of light. 

“Organised crime has prompted the Hawks, to effectively execute its mandate to equally advance and navigate investigations into the digital sphere. Digital forensics play a crucial role in the Serious Organised Crime, Serious Commercial Crimes and Serious Corruption Investigations,” he said. 

The collection and analysis of electronic data which can provide valuable evidence in an investigation often comes at costly exercise and requires partnerships between government and business. 

“Combating corruption and money laundering cannot be undertaken by a single agency acting in isolation. No matter how competent this agency and its staff may be. The National Priority Crime Operational Committee (NPCOC) encourages cooperation between government departments and organs of the state based on mutual trust and good faith. In particular, an interagency collaboration focused on the lawful exchange of resources,” Lebeya said. 

He said the Joint Initiative on Crime and Corruption Sub-Committee (JICC) of the NPCOC is to mobilise business support for establishing a Digital Evidence Unit to support the prosecution of state capture cases and to ensure South Africa’s removal from the Financial Task Force grey list, demonstrating intent and capacity to prosecute complex money laundering cases. 

Lebeya said they have since gone live with the following banks: Investec, Absa, Nedbank, Alaraka, Access Bank, African Bank, SASFIN, Capitec, Bidvest and Discovery Bank. 

Banks such as SBSA, FNB, Tyme Bank and Post Bank will still follow the old processes until they go live. But, five nodal points have been set up for operation. 

“The successful launch of the Section 205 digital subpoena project follows the establishment of last year when the cutting-edge Digital and Financial Forensic Analysis Centre for the Hawks was launched. 

“Since the establishment of the digital Section 205 subpoena, which will not only assist to bring the Hawks investigators closer to those they are seeking but also ensure that the financial trail ensures the recovery of assets bought with money amassed from ill-gotten gains,” Lebeya said. 

So far: 

• 58 Hawks members are onboarded on the project. 
• 174 cases and 910 exhibits were acquired and processed. 
• 114 bank statements in PDF format were converted, verified, and analysed. 
• 782 law enforcement officers have been trained on bank statement analysis. 
• Hawks, investigators, digital forensic investigators, and financial analysts were trained over two days on the curriculum: conducting forensic investigation, digital forensics and financial analysis covering 11 modules. 

“This is just the beginning and this project is still in its infancy stage, but the roadmaps that have been achieved so far help to confirm this initiative by President [Cyril] Ramaphosa will take over investigation techniques to greater heights,” Lebeya said. 

CEO of South African Banking Risk Information Centre, Nischial Mewalall said this partnership has allowed for advanced training for senior investigators in financial forensic analysis. State-of-the-art software and hardware along with the necessary technical support for use in investigations of a broad spectrum of serious crimes including terrorism funding, promote ongoing collaboration, high ethical and professional standards, and innovation among those working for and with the centre. 

“This initiative was driven by the Hawks to the banking sector, making it essential for the sector to develop a solution to address the required intervention. Our view is that partnerships between business and government should not compromise the independence of either instead it must allow responsible corporate citizens to contribute to building an effective public service that can help deliver prosperity for everyone,” Mewalall said. 

He said the groundbreaking digital service of Section 205 subpoena was introduced on November 28. During the inaugural launch, the Hawks successfully served 10 subpoenas through this digital platform. 

“The Hawks in Gauteng are now connected to 11 banks via a secure communication network enable them to serve subpoenas electronically. Banks can acknowledge receipt and respond to information requests through the same platform, streamlining the process. This development marks a significant milestone in the modernisation and digital transformation of investigative procedures. Most importantly, it reduces investigation timelines and facilitates faster prosecutorial decisions,” Mewalall said. 

He said in the coming year, the aim is to expand this initiative to all nine provinces and eventually roll it out national for the South Africa Police Services (SAPS). 

“These advancements are more than milestones, they are pivotal strides towards removing South Africa from the FATF grey list, bolstering economic confidence, and promoting a culture of accountability,” Mewalall said. 

robin.francke@iol.co.za

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