section 28(1)

Investigators only get involved in Section 27 referrals once Section 28(13) or Section 28(1) is authorized and designation is made, after which team meetings inform the members of their roles.

“when the 27 is referred, we are only getting involved when the section 28(13) or section 28(1) is authorised. It will then mean once the designation is made, your name is put there, then there will be a meeting ... you are going to be informed that this is the team that is going to be working on this matter”

An application for investigation under section 28(1) was made on May 30, 2025, marking the start of the full investigation phase.

“this is an application for an investigation in terms of section 28(1) ... that is correct ... that application is made on the 30th of May 2025 ... the true investigation now starts”

The preliminary investigation process involves designated prosecutors and investigators authorized to start and conduct the investigation, leading to a full-blown investigation approval under section 28(1) where additional expertise is added if needed.

“There is a list of all these people that are put in there. That is their, that designation is their authority to proceed and conduct the preliminary investigation ... a full-blown investigation, section 28(1) is approved ... these additional people are added onto the designation and authorisation of this full-blown investigation.”

If sufficient evidence is present in the referral, there is no need for a preliminary inquiry and a full-blown investigation commences under section 28(1).

“If there is sufficient evidence, information, everything, then there is no need to go an inquiry, you can go into a full-blown investigation”

The preliminary investigation phase serves to verify information and determine if there is prima facie evidence before moving to a full investigation phase under section 28(1).

“Because the initial part of it, the preliminary, is to verify. Verify that info, do your necessary investigation, and then when you see that there is substance, there is a prima facie here, then it goes into a full-blown investigation, which is in section 28(1). So the preliminary is just to confirm, identify this, this, etcetera”