I was the Managing Director of Cape Consumers in Cape Town. I was on sick leavesince August 20, 2012 after severe work stress / depression and blood pressureproblems. My condition was quite serious and I was eventually booked off until14 January 2013.
I was in possession of my work laptop and have had full access to my work andprivate emails. On October 2, 2012 my employer (Chairman and IT Manager), aftera resolution by the full Board, decided to intercept all my emails and to openand re-route to and only my personal emailswere forwarded to a new personal at gmail. Their reason – “it will help that Irecover quicker”.

There is no company policy authorizing interception of emails. According to meboth the company / my employer and the individuals involved are guilty ofcriminal as well as civil complaints / claims.

I requested my employer at numerous times during the period from 2 October 2012to discontinue the interception, but they refuse. The chairman “called it alegitimate re-routing”. Their attorney later on gave a complete differentreason (an unacceptable reason too) for the illegal interception of my emails –namely par 6: Regulation of Interception of Communications and Provisionof Communication-related information Act, 2002.

16 October 2012: Letter received from Chairperson that the Board willinvestigate 2 issues against me reported by the external auditors of CapeConsumers.  Later on they have changedtheir minds and requested their internal auditors to investigate allegedmisconduct against me. The end result was that they could not proof a singlepoint. On the 14th of January 2013 they started to negotiate aretirement package with me, although they first threatened me with a disciplinaryhearing. Apparently the reason was that the issue re the intercepting of myemails and the invalid claim of misconduct caused a situation of breach oftrust. They have paid me a ‘early retirement package’ of R1,1 million. This isa clear indication that they could not find any reason for a disciplinaryhearing or any other action. I left the company on 31 January 2013. Pleaseinvestigate the illegal interception of my emails as soon as possible. Thewhole Board as well as the IT Manager are parties to this clear transgressionof the law. (First contacts must be Retief and Stephenson) I willdefinitely consider civil claims against the Board thereafter. I amavailable as a witness. Tel 083 2848671 8 LAS lemmer Close Welgelegen Parow 021558 6270

Kind regards   My attorney's ReplyGood day.

You can submit charges and it will have to be at the SAPS. They have acybercrime unit if your local SAPD cannot assist you. This is a clear transgression ofthe Regulation if Interception of Communications Act. UnfortunatelyI cannot find any contact details for this unit, but your local SAPS will beable to assist you with contact information.

You can still continue with civil proceedings should this illegal interceptionresulted in any damage to you.

If the SAPD cannot assist, I suggest that you approach an attorney to bring anurgent application to interdict them from further intercepting your e-mails.The costs should be for their account.Furtherquestion:I’m on sickleave until 31/12/2012 - would you recommend that I only report thetransgressions after my sick leave ?As this is aclear transgression of the Act, will the Board be 'accountable' or only thechairperson, Vice Chair and IT Manager. What type of penalties might apply ?If the Board isguilty, it will mean each member will have a criminal record against them ?ThanksAttorney's Answer 1. If it doesnot bother you that your e-mails are intercepted, then I cannot see why youcannot wait. If the SAPS contacts them in this regard, then chances are theywill stop out of fear of prosecution.

2. Section 332(5) of the Criminal Procedure Act reads as follows:

“When an offence has been committed, whether by the performance of any act orby the failure to perform any act, for which any corporate body is or wasliable to prosecution, any person who was, at the time of the commission of theoffence, a director or servant of the corporate body shall be deemed to beguilty of the said offence, unless it is proved that he did not take part inthe commission of the offence and that he could not have prevented it, andshall be liable to prosecution therefor, either jointly with the corporate bodyor apart therefrom, and shall on conviction be personally liable to punishmenttherefor.”

So, if this was a boarddecision, every director will be liable, except if he can prove that he did nottake part in the commission of the offence or could not have prevented thecommission of the offence.

If this was the decision of a sole director, he will be solely responsible.  CAPE CONSUMERSBOARD OF DIRECTORS AE RETIEF(Dries)            JC van der Walt (Christo)Chairman                                                                     Address:          20 Mountainview Close  78Camdebo Street                        Durbell                          Loevenstein7550                                             7530ID:                   4207145095086           4709205009089Tel Work                                                          Tel Home          021-9762545               021-9134441Cel                   0824597099                MA BROMLEY (Michael)          LAVeldsman (Lucille)Address:          7 Belvedere Close       16Constantia Glen                        Belvedere Noordhoek LochnerRoad Constantia                        7975                          7806ID:                   6204105043089        5411200003089           Tel Work          021- 4056021            021-7004500   Home                021-7892836            021-7941282Cel                   0828263493              0835842169   JA van Tonder (Koos)        JF BASSON (Johan)Address:          3 Braemar Road         5BataviaStreet                                               Oranjezicht               Welgemoed,Bellville                        8001                          7530ID:                  490905085086          5109225067085Tel Work          021-5112244Home                021-4614467            021-9131138Cel                   0832553517          MONTY STEPHNSON (Finance and IT Manager)Address           20 Lower Burg Street                        Cape Town                        8000Tel Work          021-4097600Email       

Report ID: 3250
Crime Category: Corruption
Province: Western Cape
City/Town: CAPE TOWN
Suburb: Cape Town
Address: 20 Lower Burg Street
Crime Date/Time: 2 Oct 2012, 00:10 AM
Reported By: Username3250
Reported Date: 17 Feb 2013, 20:02 PM
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