- To
-
Dereleen Elana James
- From
-
CHRISTO VAN DYK
- Subject
- PRECCA Question NW4001 to the Minister of Justice and Constitutional Development
- Date
- Aug. 5, 2025, 8:24 a.m.
Thanks for asking your question about the PRECCA R100K threshold.(Question NW4001 to the Minister of Justice and Constitutional Development)
The reporting of suspicion by TCWG as required by S34 Of PRECCA is problematic. However, the
duty to report in terms of section 34(1) of
PRECCA is not a criminal complaint to set
the law in motion but rather compliance
with a statutory duty to report.
My perception is people are reluctant to report and in cases are deliberately not reporting. In other words, they are not complying with a statutory duty.
As there are no effective policing of this (and direct consequences) the overall effectiveness of PRECCA is reduced.
Perhaps a follow up question to the Minister should be posed regarding how many cases, if any, has been prosecuted where the key official (s) who had an obligation to report, did not do so.
Second, is there a process where non reporting is identified AND acted on ito s34 of Precca. (If there is no such process, it implies DPCI itself has not organised itself to fully impliment PRECCA)
Future replies will be published here.