HISTORY

Introduction – (Anti – fraud Section)

The Anti-fraud section under Crime two has been in existence since Zambia’s Independence. The Assistant Director - Crime two is responsible for all matters relating to frauds, Interpol, financial and cybercrimes and supervises all anti-fraud units in the Zambia Police. The offices for Anti-frauds can be found at national, divisional and district levels.

Fraud

• Fraud can be defined as the wrongful or criminal deception intended to result in financial or personal loss to one party and gain to the other party, ora deliberate misrepresentation which causes another to suffer damage usually monetary loss.
• It can also be defined as a deceitful conduct designed to manipulate another person by cheating or concealing truth with a view of gaining something of value.
• To receive and analyses all financial crimes reported by various complainants.
• To investigate and establish the truth in all financial crimes reported to the unit.
• To arrest offenders and take them before the competent courts of law so that justice may prevails.
• Enhancement of cooperation’s with other security wings on all matters relating to financial and cybercrimes.
• Liaising with other countries in matters relating to financial and cybercrimes through our Interpol.
• Educating the general members of the public about the dangers of cybercrimes.
• To report the examinations results accurately and completely.

Such crimes are mostly committed by well educated people working as a syndicate and are usually referred to as ‘white collar crimes’. In most instances, rewards from fraud are much greater.

The main functions of the Anti-fraud unit are as follows-:

• To receive and analyses all financial crimes reported by various complainants.
• To investigate and establish the truth in all financial crimes reported to the unit.
• To arrest offenders and take them before the competent courts of law so that justice may prevails.
• Enhancement of cooperation’s with other security wings on all matters relating to financial and cybercrimes.
• Liaising with other countries in matters relating to financial and cybercrimes through our Interpol.
• Educating the general members of the public about the dangers of cybercrimes.
• To report the examinations results accurately and completely.

• The section has officers who are trained and specialized in investigating: -

  • All financial crimes against persons and corporate entities.
  • All insurance frauds.
  • Crimes of false representations in both private and public sectors.
  • False representation in matters relating to Title deeds, birth and marriage certificates.
  • Crimes of false representation relating to importation of goods into the country.
  • All cybercrimes which include email hacking, unauthorized access to persons and company data, credit card and online transactions such as motor vehicle purchases and banking.

    ---

  • Elements of fraud

    • Unlawfulness-the wrong action must be seen in the eyes of society.
    • Misrepresentation –may take the form of words or failure to disclose certain information in circumstances where there is a duty to do so.
    • Intent- the person making the misrepresentation must have intention to deceive, defraud or foreseeing that the victim would be deceived.
    Types of fraud
    • Financial fraud
    • Forgery
    • Insurance fraud
    • False identities
    • Cyber crimes

    • Financial fraud-these are monetary crimes were perpetrators either falsify or forge documents such as vouchers, cheaque or any other accounting documents in order to obtain money fraudulently.

      Forgery-this type of fraud is related to falsifying and forgery of official documents such as title deeds, passports, academic certificates, driving licenses and National Registration Cards among other documents.

    • Insurance fraud- insurance fraud is any act committed with intent to fraudulently obtain payment from an insurer.

      Credit card fraud-the fastest growing type of credit card fraud is counterfeiting. Recently, most counterfeits were manufactured using card readers to steal information from genuine cards to plastic card ones.

      ---

       

    • CREDIT CARD FRAUD (SKIMMIMG)

      A criminal may use different ways when obtaining or collecting someone’s data among them:-

      • Magnetic stripe of a valid card which can be a debit card, visa, master card and many more.
      • placing a camera, plastic electronic key pad or blocker at the Automated Teller Machine (ATM)

      Once the criminals steal this data, they then use it for Hotel booking, Airline booking, buying of goods through internet or a shop or even paying off bills etc.

      ON LINE BANKING (PHISHING)

      This type of crime is committed when an unknown person requests for your bank details through website providers or the hacker. Once these details are given out, the hacker uses the same information to steal money from the unsuspecting customer.

      ---

      DETECTION OF FRAUD

      Fraud can be detected through –

      • Intelligence, critical auditing and spot checking
      • Critical analysis of documents and monthly reconciliation of all books of accounts.
      • Fraudulent false Accounting Contrary to section 326
      • Theft by Public Servant Contrary to section 277
      • Theft C/Sec 272
      • Forgery C/Sec 342 and 347
      • Uttering C/Sec 352
      • Counterfeiting C/Sec 364
      • Making a false document C/Sec 344
      • Obtaining Money by False Pretences C/Sec 309
      • Conspiracy to fraud C/Sec 313
      • Theft by Directors C/Sec 297 Cap 87

      You may also wish to know that all offences committed under frauds are punishable by law and below are some of the cases and sections in the penal code of the laws of Zambia.

      Unauthorized access to data C/Sec 99 of EFT Act of 2009.

By Mwaba Makasa

Introduction

The story of the Southern African Police Chiefs Cooperation Organisation (SARPCCO) was told slowly and softly yet with undiluted vigour to over 500 delegates drawn from twelve SARPCCO Member States. The auspicious occasion was none other than the 20^th SARPCCO Annual General Meeting (AGM) held from 25^th to 28^th May, 2015 at Birchwood OR Tambo Centre, Kempton Park, Johannesburg in the Republic of South Africa.

The slow and soft spoken Dean of SARPCCO, Commissioner General of the Zimbabwe Republican Police (ZRP) Mr. Augustine Chihuri, one of the two surviving and serving Chiefs of Police founder members of the regional organisation, was given the honour to tell the tale. A sharp glimmer blended with a nostalgic faraway look in his eyes suggestive of child-like excitement evidently betrayed his seemingly calm and serious demenour.

Formative Years (Historical Background)

In 1994, an inaugural meeting of Police Chiefs from the Southern African Development Community (SADC) region took place at Mananga Training Centre in the Kingdom of Swaziland. Ten (10) founding Member States were present. These are; Angola, Botswana, Lesotho, Mozambique, Namibia, South Africa, Swaziland, Tanzania, Zambia and Zimbabwe. The then Inspector General of Police for Zambia Police Service, Mr. Francis Ndhlovu along with Commissioner General for Zimbabwe Republic Police, Mr. Augustin Chihuri and the National Commissioner for the Royal Swaziland Police Service Mr. Isaac Magagula, who are both still serving in the same capacity, were part of the pioneer police chiefs who met in Swaziland and conceptualised the idea of establishing SARPCCO. Interestingly, former National Commissioner of South African Police, Mr George Faivas was also present at this historical meeting.

In 1995, at Victoria Falls, Zimbabwe the same police chiefs met again and crystallised the ideas concerning the establishment of the police organization. At this meeting they named the organization SARPCCO. Heads of Frontline States in the Southern African region also present at this meeting confirmed the name of SARPCCO and adopted it as a Regional Policing body.

SARPCCO crafted seven objectives which are subject to domestic legislation and international obligations of Member States:

• To promote, strengthen and perpetuate cooperation and foster joint strategies for the management of all forms of cross-border and related crimes with regional implications 
• To prepare and disseminate relevant information on criminal activities as may be necessary to benefit members to contain crime in the region. 
• To carry out regular reviews of joint crime management strategies in view of changing national and regional needs and priorities. 
• To ensure efficient operation and management of criminal recordsand efficient joint monitoring of cross-border crime taking full advantage of the relevant facilities available through INTERPOL. 
• To make relevant recommendations to governments of member countries in relation to matters affecting effective policing in the Southern African region. 
• To formulate systematic regional training policies and strategies taking into account the need and performance requirements of the regional police services/ forces. 
• To carry out any such relevant and appropriate acts and strategies for purposes of promoting regional police cooperation and collaborations as regional circumstances dictate.
• sharpening skills of operatives in the region in crime intelligence and, detection and prevention of crime;
• successful joint operations on bi-lateral and multi-lateral levels;
• designing and implementing robust capacity building programmes;
• setting up of SARPCCO Centre of Excellency; and
• entrenching gender equity within the rank and file of SARPCCO Member States.
• Financial constraints thus, certain activities suffer, and
• Non-harmonisation of laws thus making it difficulty in repatriation of exhibits.

Membership

Later, the Democratic Republic of Congo (DRC) Madagascar, Malawi, Mauritius and Seychelles joined the organization as membership grew from the inaugural ten (10) to the current fifteen (15). Thus, the full list of Member States is as follows; Angola, Democratic Republic of Congo (DRC), Botswana, Lesotho, Madagascar, Malawi, Mauritius, Mozambique, Namibia, South Africa, Seychelles, Swaziland, Tanzania, Zambia and Zimbabwe.

SARPCCO Secretariat

The SARPCCO Secretariat was established at the Interpol Sub-Regional Bureau in Harare, Zimbabwe in 1997. The Head of Interpol Regional Bureau also doubles as the SARPCCO Coordinator. A rotational system of leadership at the Regional Bureau has been employed. So far, four (4) countries have provided leadership. These are; Zimbabwe (1997-2001), Botswana (2001-2015), Namibia (2005-2015) and Malawi (2009-2015). The term of the incumbent Head from Malawi, Commissioner of Malawi Police Service, Dr. Chilika Simfukwe is soon ending. Another country will soon take up the position.

SARPCCO Technical Organs

Four SARPCCO Technical Organs were constituted. These are: Permanent Security Sub Committee, Training Sub Committee, Legal Sub Committee and the Women’s Network Sub Committee. A consolidated report generated from the meetings of the Technical Organs constituting the afore-mentioned sub committees form the basis of deliberations at the AGM.

SARPCCO AGM

SARPCCO AGM’s are held in the spirit of cooperation. The AGM’s have been consistently held every year since SARPCCO’s establishment in 1995.Twelve Member States, Zambia inclusive, have hosted this activity save for Madagascar, Seychelles and DRC.

SARPCCO Games

In 1996, the first AGM was held in Swapokmund, Namibia. It was at this meeting that the police Chiefs recognized the importance of sport as a unifying factor in the region. In 1999 the inaugural SARPCCO games were held in South Africa. Since then, the games have now become a permanent feature of SARPCCO activities. The games are also held on a rotational basis. So far, six Member States have hosted the games as follows; South Africa (1999, 2001 and 2003) Botswana (2004) Zimbabwe (2007), Malawi (2009), DRC (2011) and Namibia (2013). Swaziland is scheduled to host the 9^th edition of the SARPCCO games in Mbabane from July to August, 2015.

Milestones achieved by SARPCCO

In its 20 years of existence, the following successes have been scored:

Major challenges faced

Future of SARPCCO

The future appears to be promising. With the establishment of the SARPCCO Centre of Excellence based at the Interpol/SARPCCO Regional Bureau, Harare, Zimbabwe which was officially opened on 22^nd May, 2015, more officers will be exposed to more training and capacity building programmes. Joint operations on bi-lateral and multi-lateral levels are expected to increase. The Intelligence sharing arena will be widened. In effect, regional cooperation as regards crime with regional implications will be significantly strengthened.

The Author is Senior Assistant Commissioner of Police and Deputy Director-Training, Research & Development.