When businesses call an investigator
Corporate investigations usually start when management notices something that does not look right. Acting early matters: the longer a problem runs, the more is lost and the harder it is to preserve reliable evidence.
- Unexplained losses or stock shrinkage.
- Suspicious supplier payments or inflated invoices.
- Procurement irregularities and conflicts of interest.
- Employee theft, fraud or other misconduct.
- Whistleblower reports that need to be tested.
- Due diligence on a person or company before a deal.
Personal matters
People also hire investigators privately, most often when they suspect a partner of infidelity and want facts instead of suspicion. A discreet investigation can give clarity without a confrontation.
Be clear about what the evidence is for. Since the Constitutional Court's 2015 decision in DE v RH, you can no longer sue a third party for damages because they had an affair with your spouse. Evidence may still matter to you or to your attorney in other ways, so speak to an attorney about your situation before you start.
How an investigation works
A professional investigation follows a structure, whatever the matter. It should end with documented facts that decision-makers, attorneys or a disciplinary process can rely on.
- A confidential first consultation to understand the concern and what outcome you need.
- Agreeing the scope, the client's authority and a provisional quote before work starts.
- Securing records, documents and electronic evidence before they are lost or changed.
- Fact-finding: analysing records, verifying documents, interviews and, where lawful, surveillance.
- A clear written report with findings, a timeline of events and practical next steps.
What the law allows
Someone who investigates another person for a client, without that person's consent, is generally a private investigator under the Private Security Industry Regulation Act and must be registered with PSiRA. Check the registration before you hire.
Surveillance has limits. Intercepting someone's calls, messages or email without lawful authority is a crime under RICA, and getting into someone else's phone, computer or accounts without permission can be a crime under the Cybercrimes Act. Be wary of any investigator who offers to read a partner's messages or asks for their passwords. Evidence gathered unlawfully can harm your case and expose you to prosecution. Personal information collected during an investigation is also protected by POPIA.
Workplace matters: fairness and reporting
If an investigation may lead to discipline or dismissal, the process must be fair. The new Code of Good Practice: Dismissal, which replaced Schedule 8 of the Labour Relations Act on 4 September 2025, still requires a fair reason and a fair procedure, so involve HR or your labour attorney early and keep the findings factual.
Some losses must be reported. Under section 34 of the Prevention and Combating of Corrupt Activities Act, a person in a position of authority who knows, or ought reasonably to have known or suspected, that someone has committed corruption, or theft, fraud, extortion or forgery involving R100,000 or more, must report it to the Directorate for Priority Crime Investigation (the Hawks) in SAPS. Failing to report is itself an offence. Ask your attorney how to make the report.
Choosing an investigator
Mtunzini Group handles infidelity and workplace investigations as a confidential service, separate from its guarding work. Whoever you consider, ask these questions first.
- Are you registered with PSiRA as a private investigator, and can I verify it?
- How will you gather evidence, and is every method lawful?
- What will the report contain, and can it be used in a disciplinary hearing or in court?
- How do you protect my identity and the information I give you?
- How is the work priced, and what is included in the quote?
Questions people ask
Does a private investigator need to be registered?
Yes. Investigating another person for a client without their consent is generally a security service under the Private Security Industry Regulation Act, so the investigator must be registered with PSiRA.
Can an investigator read my partner's messages or track their phone?
Intercepting someone's calls, messages or email without lawful authority is a crime under RICA. Getting into someone else's phone or accounts without permission can also be a crime under the Cybercrimes Act, and that includes secretly putting tracking software on their phone. A professional investigator uses lawful methods and will not ask for a partner's phone or passwords.
Can findings be used in a disciplinary hearing?
Yes, if the evidence was gathered lawfully and the process is fair. Involve HR or a labour attorney early so the investigation supports a fair procedure.
What does an investigation cost?
It depends on the matter, its scope and how long it takes. Expect a confidential consultation and a provisional quote before any work begins.
Sources
- Private Security Industry Regulation Act 56 of 2001: definitions ("private investigator" and "security service")
- Constitutional Court: DE v RH [2015] ZACC 18 (no damages claim against a third party for adultery)
- Polity: What is RICA? (the ban on intercepting communications)
- Cliffe Dekker Hofmeyr: Publication of the 2025 Code of Good Practice: Dismissal
- Corruption Watch: Understanding PRECCA (overview of the Act)
- Daily Maverick: Reporting corruption: ignore the law at your peril (section 34 and reporting to the Hawks)
Mtunzini Group is a family-run, PSiRA-registered guarding company in Cape Town that actively manages its officers with field supervision.