CYBER CRIME REPORT FOR URGENT INVESTIGATIONGood evening
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 email@example.com 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 firstname.lastname@example.org email@example.com 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 firstname.lastname@example.org LucilleV@milu.co.za 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 email@example.com firstname.lastname@example.org MONTY STEPHNSON (Finance and IT Manager)Address 20 Lower Burg Street Cape Town 8000Tel Work 021-4097600Email email@example.com
|Address:||20 Lower Burg Street|
|Crime Date/Time:||2 Oct 2012, 00:10 AM|
|Reported Date:||17 Feb 2013, 20:02 PM|