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Corporate Investigations & Forensics | South Africa

Corporate Investigations & Forensics

South Africa

Corporate crime is one of the key risks faced by organisations in both the public and private sectors.

Our team assists clients with advising on and dealing with all aspects of corporate crime (both proactive and reactive) as well as compliance in a regulatory environment that is constantly evolving. 

This includes:

  • developing the requisite controls to prevent wrongdoing occurring in your business 
  • understanding and navigating the legal issues and risks when allegations or concerns arise 
  • conducting legally defensible and (where available) legally privileged investigations, while recognising the wider risks and obligations created by the issue at hand.

Our South African team regularly advises corporates, individuals and public sector clients across multiple industries; including financial services, telecommunications, consumer products, mining, aviation, real estate, medical and sport on financial crime and all other areas of corporate crime and regulatory risk (be it bribery and corruption, procurement, competition, cyber, environmental, health and safety or otherwise).

Whether you require a compliance programme to avoid regulatory investigations, or a strategy to minimize the impact of unforeseen corporate crime or regulatory failure, we will provide you with clear and pragmatic advice tailored to your needs.

Broad skills to assist you 

We can help you with:

  • conducting numerous types of investigations, including fraud, theft, corruption, anti-bribery compliance, money-laundering and cybercrime
  • drafting and implementing policies and procedures relating to anti-bribery and other commercial crime
  • performing anti-bribery and corruption risk assessments
  • forensic due diligences and third-party vetting
  • fraud prevention and detection
  • training on anti-bribery and corruption compliance as well as fraud prevention and detection
  • drafting and/or reviewing anti-corruption clauses in agreements
  • regulatory / statutory anti-bribery compliance advice. This includes advice on the Prevention and Combating of Corrupt Activities Act, the Financial Intelligence Centre Act, the Prevention of Organised Crime Act, the Protected Disclosures Act, the United States Foreign Corrupt Practices Act and the United Kingdom’s Bribery Act
  • registering criminal cases and performing watching briefs in criminal matters.

Our approach 

At the outset of any matter, we ensure that we are fully apprised of the facts of the matter as well as the assistance required to ensure that we deliver on our mandates expediently. We follow a co-ordinated and structured approach when performing investigations to ensure that our investigations are conducted efficiently and effectively.

Where necessary, our investigations are carried out by a multi-disciplinary team to ensure that the different components of the investigation are handled by the appropriate skill-set. In this respect, we work with forensic accountants, forensic IT specialists, investigators, handwriting specialists and polygraphers. This approach ensures turnaround agility, skill suitability and cost efficiency. 

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23 June 2020
Cor­por­ate In­vest­ig­a­tions & Forensics in South Africa Bro­chure
In­tro­duc­tion Fraud, theft, cor­rup­tion, money laun­der­ing and cy­ber­crime are amongst the key com­mer­cial crime risks with which or­gan­isa­tions glob­ally are faced. Know­ing that you have ex­per­i­enced and prag­mat­ic ad­visers on your side in man­aging these risks is the first step to­wards suc­cess­fully ad­dress­ing such risks.The fin­an­cial and repu­ta­tion­al con­sequences arising from in­cid­ents of com­mer­cial crime can be quite severe. Suc­cess­fully man­aging com­mer­cial crime risks re­quires a hol­ist­ic ap­proach which fo­cusses on be­ing pro­act­ive and not merely re­act­ive in ad­dress­ing such risks in or­der to curb such con­sequences.Our Cor­por­ate In­vest­ig­a­tions and Forensics team has the re­quis­ite depth of know­ledge, ex­pert­ise and ex­per­i­ence to as­sist or­gan­isa­tions in man­aging all com­mer­cial crime risks. Our broad range of ex­pert­ise will as­sist or­gan­isa­tions in de­vel­op­ing and/or strength­en­ing be­spoke com­pli­ance pro­grammes aimed at man­aging com­mer­cial crime risk, nav­ig­at­ing the ap­plic­able reg­u­lat­ory en­vir­on­ment as well as as­sist­ing or­gan­isa­tions with man­aging com­mer­cial crime in­cid­ents ef­fect­ively.Whatever your needs, we will bring our know­ledge, ex­pert­ise and ex­per­i­ence to bear, ana­lys­ing the is­sues quickly and ef­fect­ively, draw­ing on our deep un­der­stand­ing of all types of com­mer­cial crime to find the op­tim­al solu­tion at the right cost. We al­ways meas­ure our suc­cess by how well we work with you, and the dif­fer­ence we make to you and your busi­ness.  
7 October 2019
CMS ex­pands in Africa
Frank­furt, 7 Oc­to­ber 2019. CMS an­nounces that RM Part­ners and Daly & In­am­dar Ad­voc­ates, based in South Africa and Kenya re­spect­ively, have today joined the lead­ing glob­al law firm. Go­ing for­ward, they will be known as CMS RM Part­ners and CMS Daly In­am­dar Ad­voc­ates.The ad­di­tion of these firms con­sid­er­ably strengthens CMS’s pres­ence in Africa, already en­com­passing An­gola, Al­ger­ia and Mo­rocco. For over 50 years, CMS has de­veloped a track re­cord of sig­ni­fic­ant deals in Africa, show­cas­ing its deep know­ledge of the leg­al sys­tems across the con­tin­ent. CMS now has 75 of­fices in 43 coun­tries and more than 4,800 law­yers world­wide.Duncan We­st­on, Ex­ec­ut­ive Part­ner, CMS said, “Our cli­ents see Africa as a ma­jor growth op­por­tun­ity, and many are look­ing to ex­pand in­to key mar­kets on the con­tin­ent. South Africa and Kenya are both siz­able eco­nom­ies, but they’re also gate­ways in­to oth­er sub-Saha­ran mar­kets. RM Part­ners and Daly & In­am­dar Ad­voc­ates have out­stand­ing repu­ta­tions thanks to their loc­al mar­ket know­ledge and the over­all qual­ity of ser­vice they provide to cli­ents.” With this ex­pan­sion, CMS is un­veil­ing a ded­ic­ated or­gan­isa­tion that brings to­geth­er our Afric­an firms and ex­perts in a unique mod­el and aligned prac­tices to provide our cli­ents with the best sup­port in Africa. CMS Africa has a pres­ence in the most dy­nam­ic re­gion­al hubs – Cas­ab­lanca, Jo­han­nes­burg and Nairobi – provid­ing us with a strong foot­print, sus­tained by of­fices in Al­gi­ers, Lu­anda and Mom­basa. CMS Africa of­fers the ideal al­tern­at­ive for tax and leg­al ser­vices in Africa, a po­s­i­tion that is be­ing re­in­forced through the ad­di­tion of the new firms.CMS RM Part­nersCMS RM Part­ners spe­cial­ises in provid­ing prac­tic­al and in­nov­at­ive leg­al, tax and trans­ac­tion ad­vis­ory ser­vices. It is com­mit­ted to de­vel­op­ing young Afric­an tal­ent and is ac­cred­ited as a Black Eco­nom­ic Em­power­ment (BEE) Level 1 law firm. Foun­ded by seni­or law­yers with ex­cep­tion­al track re­cords from top in­ter­na­tion­al and loc­al firms, the firm is based in Jo­han­nes­burg and com­prises more than 20 law­yers. Its cli­ents in­clude loc­al private and pub­lic in­sti­tu­tions, lis­ted com­pan­ies and nu­mer­ous glob­al en­ter­prises.Riza Moosa, Founder and Dir­ect­or at CMS RM Part­ners, said, “We are on a jour­ney to trans­form and mod­ern­ise the South Afric­an leg­al mar­ket, but we also re­cog­nise the im­port­ance of an Afric­an and in­ter­na­tion­al foot­print. Join­ing CMS is the right step for our firm be­cause they re­cog­nise the im­port­ance of grow­ing an Afric­an busi­ness from Africa, and have a clear, re­gion­ally-fo­cused growth plan for Africa which aligns with our own strategies.”CMS Daly In­am­dar Ad­voc­atesCMS Daly In­am­dar Ad­voc­ates is one of the top-rank­ing law firms in Kenya. It was formed via the mer­ger of two of Kenya’s old­est law firms and com­prises more than 35 law­yers work­ing out of of­fices in Nairobi and Mom­basa. The firm’s part­ners have handled nu­mer­ous ground-break­ing com­mer­cial trans­ac­tions and con­ten­tious civil dis­putes.Ham­ish Keith, Seni­or and Man­aging Part­ner at CMS Daly In­am­dar Ad­voc­ates, said, “Kenya is East and Cent­ral Africa’s epi­centre of tech in­nov­a­tion and its eco­nom­ic ex­pan­sion has been sup­por­ted by a gov­ern­ment that is com­mit­ted to im­ple­ment­ing busi­ness re­forms. Our de­cision to join CMS fol­lows a peri­od of close col­lab­or­a­tion on cli­ent work and a shared com­mit­ment to ser­vice. This will only deep­en as Kenya be­comes in­creas­ingly at­tract­ive as a des­tin­a­tion for for­eign in­vest­ment.”Pierre-Sé­bas­tien Thill, Chair­man, CMS, said, “This is an ex­cit­ing time in the de­vel­op­ment of CMS. Our cli­ents have a glob­al mind­set, and when they come to CMS, they need to know that they can ac­cess qual­ity ad­vice and ser­vice de­liv­ery in every ma­jor jur­is­dic­tion. One of our primary ob­ject­ives for the next four years is to fur­ther grow our geo­graph­ic­al reach. This is a sig­ni­fic­ant ex­pan­sion in our jour­ney to be­com­ing a genu­inely glob­al law firm.”
June 2018
CMS Guide to Anti-Bribery and Cor­rup­tion Laws
We are de­lighted to present the fifth edi­tion of the CMS Guide to Anti-Bribery and Cor­rup­tion Laws.This edi­tion of the Guide cov­ers more coun­tries than ever be­fore, as­sess­ing the laws in 42 coun­tries. We in­clude full cov­er­age of the BRIC na­tions, as well as in­creased cov­er­age in Asia (China, Singa­pore, Thai­l­and, Malay­sia and In­done­sia), the Middle East (the UAE, Saudi Ar­a­bia and Oman) and South Amer­ica (Brazil, Mex­ico, Chile and Colom­bia).Since the last edi­tion was pub­lished in 2016, there have been sig­ni­fic­ant changes to the glob­al anti-cor­rup­tion land­scape. Many of the coun­tries covered in the fol­low­ing pages have up­dated, strengthened and widened the scope of their anti-cor­rup­tion laws. Only 10 coun­tries who were covered in the last edi­tion have made no changes at all. For ex­ample, the in­tro­duc­tion of the Sap­in II Law in France aims to bring French an­ti­cor­rup­tion le­gis­la­tion in line with in­ter­na­tion­al stand­ards in the fight against cor­rup­tion. The new French law in­cludes the cre­ation of a new anti-cor­rup­tion agency (Agence française an­ti­cor­rup­tion), and ob­liges com­pan­ies with at least 500 em­ploy­ees and a turnover ex­ceed­ing EUR 100m to im­ple­ment a pro­gramme to pre­vent and de­tect cor­rup­tion. In a fur­ther ex­ample, Aus­tralia’s Crim­in­al Code Act 1995 (Cth) is ex­pec­ted to be amended by the Crimes Le­gis­la­tion Amend­ment (Com­batting Cor­por­ate Crime) Bill 2017 (Cth), which will in­tro­duce a new strict cor­por­ate li­ab­il­ity of­fence for bribery of for­eign of­fi­cials con­duc­ted by its as­so­ci­ates for the profit or gain of the com­pany, even if the con­duct oc­curred out­side of the jur­is­dic­tion. The Aus­trali­an chapter is pre­pared on the basis that the Bill is en­acted in­to law later this sum­mer.The ma­jor­ity of coun­tries provide for private sec­tor bribery of­fences, with only 11 hav­ing of­fences that only ap­ply to brib­ing pub­lic sec­tor of­fi­cials. Al­most all coun­tries re­cog­nise the concept of cor­por­ate li­ab­il­ity for bribery (with the ex­cep­tion of Bul­garia and Oman, where only in­di­vidu­als can be pro­sec­uted), al­beit that in five jur­is­dic­tions only civil or ad­min­is­trat­ive pen­al­ties can be ap­plied to cor­por­ates (Brazil, Colom­bia, Ger­many, Hun­gary and Mex­ico). Five coun­tries (Aus­tralia, Chile, Italy, Switzer­land and the UK) now provide for a spe­cif­ic cor­por­ate of­fence whereby a cor­por­ate will be crim­in­ally li­able for fail­ure to pre­vent rep­res­ent­at­ives com­mit­ting bribery on its be­half.  This shows the glob­al trend to hold cor­por­ates to ac­count for their em­ploy­ees’ ac­tions and a shift in at­ti­tudes to­wards cor­por­ate re­spons­ib­il­ity.As with pre­vi­ous edi­tions, in this Guide we provide an­swers to the fol­low­ing key ques­tions for each of the 42 coun­tries: what are the of­fences?who can be li­able and when?what are the pen­al­ties?what are the de­fences?We hope you find the Guide use­ful. We wish to thank all those who have con­trib­uted to this Guide. We would also par­tic­u­larly like to thank con­trib­ut­ors from:Khait­an & Co., the lead­ing In­di­an law firm with of­fices in Mum­bai, New Del­hi, Kolk­ata and Ban­galore, for their con­tin­ued con­tri­bu­tion to the Guide.Ra­jah & Tann Asia (a transna­tion­al law firm, with of­fices across Asia) for con­trib­ut­ing chapters on Thai­l­and, Malay­sia and In­done­sia.Corrs Cham­bers West­garth, Aus­tralia’s lead­ing law firm, for con­trib­ut­ing the chapter on Aus­tralia.Fer­as Al Shawaf, CMS’ part­ner firm in Saudi Ar­a­bia, for con­trib­ut­ing the chapter on Saudi Ar­a­bia – one of nine new coun­tries ad­ded to this edi­tion of the Guide.Con­tact de­tails of all our key con­trib­ut­ors are at the back of the Guide. Please do not hes­it­ate to con­tact them with any ques­tions you may have.

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23 June 2020
Cor­por­ate In­vest­ig­a­tions & Forensics in South Africa Bro­chure
Cor­por­ate In­vest­ig­a­tions & Forensics leg­al ex­perts in South Africa. Meet our team here | CMS South Africa