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Zaakir Mohamed | Head of Corporate Investigations & Forensics | South Africa

Zaakir Mohamed

Partner
Head of Corporate Investigations & Forensics

CMS RM Partners
85 Grayston Drive
5th Floor
Sandton, 2196
Johannesburg, Gauteng
South Africa
Languages English

Zaakir Mohamed is a Director and Head of Corporate Investigations and Forensics at CMS South Africa.

He is instructed to assist clients with highly sensitive and confidential matters. He has extensive experience in corporate crime and forensic investigations, Anti-bribery and Corruption compliance, cyber-crime, corporate crime prevention and detection, money laundering, regulatory compliance as well as working with law enforcement authorities and providing watching briefs in criminal matters.

Zaakir has assisted clients in both the public and private sectors across numerous industries. These include Financial Services, Telecommunications, Aviation, Sport, Mining, Real Estate and Fast-Moving Consumer Goods (FMCG).

Zaakir has been recognised by Chamber’s & Partners, Corporate Investigations, South Africa, 2020 as an “Up and Coming Lawyer”.

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Clients have praised him for his "knowledge of the law and calm approach" during his investigatory work.

Chambers | Corporate Investigations, South Africa, 2020

Another client stated: "He is very dedicated and extremely competent. He understands the field very well and is able to provide focused guidance."

Chambers | Corporate Investigations, South Africa, 2020

Relevant experience

Investigations 

  • A government parastatal - conducted a comprehensive investigation into allegations of corruption involving one of its senior procurement officials. These allegations were also being investigated by the Judicial Commission of Inquiry into Allegations of State Capture 
  • A large South African retailer - involved in the investigation into procurement fraud and provided advice on the applicable Company Law and Anti-Corruption legislation
  • A large listed company and its subsidiaries – conducted an investigation into whether the company group was conducting the business of a bank in contravention of the Banks Act No 94 of 1990
  • A company operating in the prepaid metering industry - conducted a large investigation into certain allegations of corruption made against the Chief Executive Officer 
  • A mining company - conducted an investigation into the conduct of an employee relating to the procurement of suppliers
  • A large government parastatal - conducted a large investigation into numerous allegations made against the Chief Executive Officer. These allegations related to, among others, corruption, mismanagement and incapacity
  • A large government parastatal - conducted an investigation into the leak of certain highly sensitive and confidential information
  • A large South African distributor - conducted an investigation into commission fraud perpetrated by two consultants of the client
  • An entity involved in the Aviation industry - conducted an investigation into mismanagement and dishonesty perpetrated by the executive management team of the entity
  • A mining company - conducted an investigation into the conduct of the client's Chief Financial Officer in the mining industry to determine whether he was involved in any fraud, collusion and/or illegal activity of any kind in the negotiation and conclusion of several agreements that he had entered into on client's behalf
  • A mining company - conducted an investigation into the conduct of a senior procurement officer of the client
  • Conducted a detailed, highly sensitive and confidential investigation of potential collusion between employees of a client and an entity subject to regulatory oversight by the client
  • Conducted a detailed investigation on the veracity of numerous allegations made against the employees employed in a particular department of a client. A substantial amount of the allegations were made against one particular employee of the client. These allegations were received anonymously through the client's whistle-blowing hotline
  • An entity in the financial services industry - conducted a detailed factual review of a restructuring decision made within one of the key business units of a client in the financial services industry. The review was prompted as a result of numerous allegations received that there may have been certain irregularities in the implementation of the restructuring decision
  • An entity in the engineering industry - conducted a detailed investigation into numerous allegations of fraud and corruption made by the former Chief Executive Officer of the entity
  • An entity in the telecommunications industry - conducted a comprehensive investigation into alleged irregularities in the procurement of service providers by employees of the client

Compliance & Regulatory 

  • An international solar construction company – in relation to the Anti-Corruption due diligence investigation for looking to invest in South African solar project
  • An international media company - in relation to an Anti-Corruption due diligence investigation for looking to buy-out South African media company
  • A large mining company - assisted with internal anti-corruption compliance monitoring
  • A client in the renewable energy sector - reviewed an Anti-corruption policy to ensure compliance with South Africa's Prevention and Combating of Corrupt Activities Act No 12 of 2004, the United States of America's Foreign Corrupt Practices Act, 1977 and the United Kingdom's Bribery Act, 2010
  • A client in the telecommunications industry - reviewed the Fraud and Corruption policy, prevention plan and response plan of the client
  • A client in the sports industry - reviewed the Fraud and Corruption policy of the client
  • A client in the financial services industry - provided a detailed opinion to the client on compliance of one of its new products with the Financial Intelligence Centre Act No 38 of 2001 (as amended)
  • A client in the financial services industry - provided with advice on identity theft and recommendations on steps that victims of identity theft may take
  • A client in the financial services industry - conducted a detailed anti-corruption due diligence exercise for disposing 100% of its equity interests in one of its subsidiaries to a buyer in a foreign jurisdiction
  • A client in the financial services industry - conducted a detailed anti-corruption due diligence exercise on potential buyers for the client wishing to dispose a portion of its equity interests in one of its subsidiaries
  • A non-profit organisation - provided a detailed opinion to the client relating to an incident of cyber-crime involving the misappropriation of close to ZAR1 million in funds
  • Numerous clients - with registering criminal cases as well as fulfilling their reporting obligations in terms of section 34 of the Prevention and Combating of Corrupt Activities Act No 12 of 2004
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Education

  • 2019 – FP (SA), Institute of Commercial Forensic Practitioners.
  • 2009 – Certificate in Advanced Corporate and Securities Law, University of South Africa. 
  • 2007 – LL.B., University of South Africa. 
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Memberships

  • Member of the Legal Practice Council 
  • Member of the Institute of Commercial Forensic Practitioners (ICFP)
  • Associate Member of the Association of Certified Fraud Examiners (ACFE) International 
  • Associate Member of the South African Chapter of the ACFE
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Lectures list

Zaakir regularly presents at various seminars and conferences as well as customized training workshops for clients on, amongst others:

  • Anti-bribery and Corruption legislation, including the Prevention and Combating of Corrupt Activities Act No 12 of 2004, the United States of America's Foreign Corrupt Practices Act,1977 and the United Kingdom's Bribery Act,2010
  • Anti-bribery and Corruption compliance
  • What an organisation should do if a commercial crime has been discovered 
  • Forensic due diligences
  • Procurement fraud
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7 October 2019
CMS ex­pands in Africa
South Afric­an and Kenyan law firms ad­ded to CMS’s glob­al...
June 2018
CMS Guide to Anti-Bribery and Cor­rup­tion Laws
June 2019
CMS Pub­lic Pro­cure­ment Glob­al Bro­chure

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