An evaluation of electronic surveillance as a covert technique in the investigation of organised crime

Abstract

This research was initiated as a result of the ever-evolving sophistication of criminal syndicates in their perseverance of organised crime and their use of electronic covert methodologies. Based on the researcher’s extensive managerial and operational experience, and on his unofficial observation of prosecutors, investigators and intelligence operatives, it became clear to him that there is a lack of evidence in court regarding serious and organised crime prosecutions. This can be attributed to the lack of use of investigative techniques, or investigative techniques being incorrectly used and/or a lack of knowledge regarding the use of investigative techniques. One such example of an investigative technique is surveillance or electronic surveillance. In this research study, the use and legality of electronic surveillance as a technique in the fight against organised crime, is discussed. Both national and international literature have been perused on the topic in question. Interviews were conducted with experienced former SAPS officers who were exposed to the use of electronic surveillance in the investigation of organised crime, as well as interviews with prosecutors, outlining the positive attributes of, as well as the shortcomings in, the use of electronic surveillance as an investigative tool in the investigation of organised crime. Surveillance or electronic surveillance has been in existence for a long period of time, but its usage or “know how” has been limited to only a few. The main purpose of the research is to highlight the importance of electronic surveillance as a covert technique in the investigation of organised crime.