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Portrait of Zaakir Mohamed

Zaakir Mohamed

Partner
Head of Corporate Investigations & Forensics

CMS RM Partners
82 Maude Street
3rd Floor
Sandton
2196
Johannesburg
South Africa
Languages English
Corporate Governance & Compliance

Zaakir Mohamed is a lawyer specialising in anti-bribery, corruption & compliance with over 13 years of experience in practice. 

He is also the Head of Corporate Investigations and Forensics at CMS South Africa.  

Zaakir regularly advises and assists clients with compliance on numerous pieces of legislation relating to Anti-bribery & Corruption, Whistleblowing, Anti-money Laundering and Cybercrime. This includes advice on South Africa's Prevention and Combating of Corrupt Activities Act No 12 of 2004, Financial Intelligence Centre Act No 38 of 2001 and Cybercrimes Act No 19 of 2020. 

He also regularly provides training and workshops to clients on these topics as well as on commercial crime (i.e. fraud, theft, forgery and uttering of a forged document and extortion). This includes insights and advice into both prevention and detection of these types of incidents.

Zaakir has advised clients on the development of robust Anti-bribery and Corruption compliance programmes as well as Risk Management and Compliance Programmes (RMCP). He has also conducted numerous Anti-bribery and Corruption due diligence exercises for clients.

He regularly assists clients with the review and/or drafting of, amongst others, Anti-bribery and Corruption, Anti-fraud and Whistleblowing policies. 
 

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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

Zaakir’s calm demeanour, professionalism and expert advice in dealing with sensitive forensic investigations and anti-bribery and corruption matters was much appreciated. I was very impressed by his knowledge and precision

Chambers & Partners, Corporate Investigations, South Africa, 2022

Zaakir Mohamed is extremely client-focused and provides practical advice tailored to the needs and expectations of the client

Chambers & Partners, Corporate Investigations, South Africa, 2022

Relevant experience

  • A client in the financial services industry - provided a detailed opinion to the client on compliance of one of its new products with South Africa’s anti-money laundering legislation, the Financial Intelligence Centre Act No 38 of 2001 (as amended).
  • 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 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 cybercrime 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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Memberships & Roles

  • Member of the Legal Practice Council 
  • Member of the Institute of Commercial Forensic Practitioners (ICFP)
  • Board Member of the ICFP and Chair of the ICFP's Marketing and Communications subcommittee 
  • Associate Member of the Association of Certified Fraud Examiners (ACFE) International 
  • Associate Member of the South African Chapter of the ACFE
  • Deputy Chairperson of the Board of Directors of the Institute of Commercial Forensic Practitioners (ICFP)
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Awards & Rankings

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Publications

Podcasts:

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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
  • Data Privacy
  • Cybercrime
  • Prevention and Detection of commercial crime incidents
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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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Zaakir Mohamed is a Director and Head of Corporate Investigations and Forensics at CMS South Africa.  He has over 13 years of experience in practice.

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 and 2021 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

Zaakir’s calm demeanour, professionalism and expert advice in dealing with sensitive forensic investigations and anti-bribery and corruption matters was much appreciated. I was very impressed by his knowledge and precision

Chambers & Partners, Corporate Investigations, South Africa, 2022

Zaakir Mohamed is extremely client-focused and provides practical advice tailored to the needs and expectations of the client

Chambers & Partners, Corporate Investigations, South Africa, 2022

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 multinational industrial company – conducted a comprehensive cross-border investigation in Namibia into allegations of unethical conduct, favouritism and nepotism received from a whistleblower
  • A large Information Technology and mobile network construction solutions provider – conducted a detailed investigation into a cybercrime incident as well as provide advice on remedial steps to be taken
  • 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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Memberships & Roles

  • Member of the Legal Practice Council 
  • Member of the Institute of Commercial Forensic Practitioners (ICFP)
  • Board Member of the ICFP and Chair of the ICFP's Marketing and Communications subcommittee 
  • Associate Member of the Association of Certified Fraud Examiners (ACFE) International 
  • Associate Member of the South African Chapter of the ACFE
  • Deputy Chairperson of the Board of Directors of the Institute of Commercial Forensic Practitioners (ICFP)
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Awards & Rankings

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Publications

Podcasts:

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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
  • Data Privacy
  • Cybercrime
  • Prevention and Detection of commercial crime incidents
     
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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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Data Protection & Privacy

Zaakir Mohamed is a lawyer specialising in data privacy & protection with over 13 years of experience in practice. 

He is also the Head of Corporate Investigations and Forensics at CMS South Africa.  

Zaakir has advised and assisted clients with numerous matters relating to data privacy legislation in South Africa. He has extensive experience in advising both local and multinational clients on compliance with South Africa's Protection of Personal Information Act No 4 of 2013 (POPI). In this respect, Zaakir has assisted clients with and advised clients on the preparation and implementation of POPI compliance programmes. 

He also regularly advises and assists clients with matters relating to the Promotion of Access to Information Act No 2 of 2000 (PAIA). This includes advice on compliance with PAIA, as well as advice on preparing and/or appropriately responding to information requests in terms of PAIA.

Zaakir assists clients with data breaches. This includes advice on the relevant notification requirements, incident response and the investigation of data breach incidents. He has also conducted workshops and training to clients on compliance with POPI.
 

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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

Zaakir’s calm demeanour, professionalism and expert advice in dealing with sensitive forensic investigations and anti-bribery and corruption matters was much appreciated. I was very impressed by his knowledge and precision

Chambers & Partners, Corporate Investigations, South Africa, 2022

Zaakir Mohamed is extremely client-focused and provides practical advice tailored to the needs and expectations of the client

Chambers & Partners, Corporate Investigations, South Africa, 2022

Relevant experience

  • A large global cosmetics group – provided advice and assistance with a compliance programme in terms of South Africa's data privacy legislation, the Protection of Personal Information Act No 4 of 2013 (POPI). This included conducting training workshops, a detailed personal information impact assessment, data mapping, drafting of relevant data privacy policy, advice on compliance measures to be implemented as well as advice on relevant agreements to ensure compliance with POPI.
  • A large multinational manufacturer – provided advice on local South African data breach notification requirements.
  • A large multinational home appliance manufacturer – provided advice on compliance with POPI in relation to client’s whistleblowing system.
  • A large multinational records and data management company – provided advice on local Information Officer requirements in terms of compliance with POPI.
  • A French luxury skin care, cosmetics and perfume company - with a high-level overview of POPI in relation to the rollout of electronic and automation systems specifically focusing on sales (invoicing customers), purchases (receiving invoicing from suppliers) and storage of information. 
  • A large global cosmetics group – provided advice on local South African data privacy legislation requirements in terms of POPI in relation to the processing and storage of certain electronic documents.
  • A large mobile operator in South Africa - advised on various queries relating to compliance with POPI.
  • An American medical technology provider - with ensuring that its South African business is compliant with the requirements of POPI. 

 

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Memberships & Roles

  • Member of the Legal Practice Council 
  • Member of the Institute of Commercial Forensic Practitioners (ICFP)
  • Board Member of the ICFP and Chair of the ICFP's Marketing and Communications subcommittee 
  • Associate Member of the Association of Certified Fraud Examiners (ACFE) International 
  • Associate Member of the South African Chapter of the ACFE
  • Deputy Chairperson of the Board of Directors of the Institute of Commercial Forensic Practitioners (ICFP)
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Awards & Rankings

more less

Publications

Podcasts:

more less

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
  • Data Privacy
  • Cybercrime
  • Prevention and Detection of commercial crime incidents
more less

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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31/08/2022
Zaakir Mo­hamed ap­poin­ted as Deputy Chair­per­son of the ICFP
Jo­han­nes­burg - based part­ner Zaakir Mo­hamed has been elec­ted to serve as the Deputy Chair­per­son of the Board of Dir­ect­ors of the In­sti­tute of Com­mer­cial Forensic Prac­ti­tion­ers (ICFP).  The ICFP is a...
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Re­spond­ing to a data breach is a com­plex and bur­den­some task. Even if an or­gan­isa­tion is well-pre­pared and re­sponds ef­fect­ively to a data breach, the fal­lout may still res­ult in severe fin­an­cial, op­er­a­tion­al...
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Data breaches: pre­ven­tion is bet­ter than cure
Re­spond­ing to a data breach is a com­plex and bur­den­some task. Even if an or­gan­isa­tion is well-pre­pared and re­sponds ef­fect­ively to a data breach, the fal­lout may still res­ult in severe fin­an­cial, op­er­a­tion­al...
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All or­gan­isa­tions are vul­ner­able to cy­ber-at­tacks. Cy­ber­crim­in­als will at­tack any or­gan­isa­tion from which they can pos­sibly profit or be­ne­fit (be it fin­an­cially or oth­er­wise). This is a press­ing loc­al...
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Data breaches: prac­tic­al con­sid­er­a­tions
All or­gan­isa­tions are vul­ner­able to cy­ber-at­tacks. Cy­ber­crim­in­als will at­tack any or­gan­isa­tion from which they can pos­sibly profit or be­ne­fit (be it fin­an­cially or oth­er­wise). This is a press­ing loc­al...
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One of the sig­ni­fic­ant con­di­tions for law­ful pro­cessing un­der the Pro­tec­tion of Per­son­al In­form­a­tion Act, 2013 (“POPIA”) is “open­ness”, which can be said to con­sist of two “pil­lars”. The pur­poses...
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In South Africa, per­son­al in­form­a­tion may be trans­ferred to a third party or or­gan­isa­tion out­side of South Africa, provided that one of the per­mit­ted cir­cum­stances out­lined in sec­tion 72 of the Pro­tec­tion...
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Man­aging cross-bor­der data trans­fers
In South Africa, per­son­al in­form­a­tion may be trans­ferred to a third party or or­gan­isa­tion out­side of South Africa, provided that one of the per­mit­ted cir­cum­stances out­lined in sec­tion 72 of the Pro­tec­tion...
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