18/09/2024
If you want the lowdown on the latest legal battles being forged, please read this entire post and give me your opinion at the end...
THIS IS EXPOSURE OF THE SAFPS AND THEIR CRIMINALITY IN DISREGARDING ALL OTHER RELEVANT LEGISLATION AND ACTING WITH CRIMINAL INTENT IN DESTROYING INNOCENT CIVILIANS' LIVES!! I have to speak up and out against this monster and fight to the bitter end to have this beast beheaded!
Below follows my complaint to the NPA, HRC, NCR, IR, DPCI, SAPS and a few heads of state. I've actually managed to contain myself and not spit on them whilst yelling obscenities, but read the message and tell me if you agree or not? I have an entire mailing list of innocent victims to these fools and they are destroying people's lives and livelihoods en-masse!
Introduction:
The South African Fraud Prevention Service (SAFPS) has transformed into a criminal enterprise, cloaking itself in the façade of fraud prevention while systematically violating the constitutional and statutory rights of South African citizens. Operating under the guise of a credit bureau regulated by the National Credit Act (NCA), the SAFPS flagrantly disregards legal standards and treats itself as an entity above the law. Its unlawful conduct includes the unregulated processing of special personal information, the destruction of reputations without judicial oversight, and its egregious violation of the right to privacy, dignity, and due process. This organization must be held accountable for its criminal actions and its deliberate undermining of South African law.
1. The Overreach of the SAFPS: Usurping Judicial Authority with Criminal Intent
The SAFPS has not merely overstepped its regulatory mandate—it has assumed the roles of both judge and executioner, a flagrant violation of the rule of law. By unilaterally determining who is guilty of fraud and unlawfully blacklisting individuals, the SAFPS has crossed the line into criminal behavior, violating multiple legislative frameworks and constitutional protections.
1.1. Criminal Usurpation of Judicial Functions
The SAFPS has no lawful authority to adjudicate allegations of fraud. In South Africa, criminal guilt can only be determined by the courts, not by private entities masquerading as arbiters of justice. Section 34 of the Constitution of the Republic of South Africa states: “Everyone has the right to have any dispute that can be resolved by the application of law decided in a fair public hearing before a court or, where appropriate, another independent and impartial tribunal or forum.” The SAFPS’s actions blatantly violate this right. By blacklisting individuals without giving them the opportunity to be heard before an independent judicial body, the SAFPS acts as a rogue entity that flagrantly disregards the Constitution.
Moreover, in S v Makwanyane (1995), the Constitutional Court reaffirmed that “every person is entitled to the presumption of innocence and a fair trial before they can be deemed guilty of any offense.” The SAFPS arrogantly denies this, presuming guilt with no semblance of fairness or judicial oversight. Their behavior is not just negligent—it is criminal in nature, as they take it upon themselves to destroy lives without due process.
2. The Criminal Violations of Legislation and Consumer Rights
2.1. Violation of the National Credit Act (NCA)
The SAFPS, registered as a credit bureau under the NCA, is required to adhere strictly to the provisions of this Act, including the duty to process data that is fair, accurate, and lawful. Section 70(2)(b) of the NCA states that credit bureaus must “maintain accuracy of data and correct information that is inaccurate, disputed or outdated.” The SAFPS has blatantly violated this statutory requirement by refusing to remove or correct incorrect data, even after consumers have followed the formal dispute process. This willful refusal to rectify data not only breaches the NCA but constitutes fraud in itself—by knowingly providing false or incomplete information to credit providers.
Furthermore, the SAFPS’s listings are not directly related to consumers’ creditworthiness, making their entire operation a violation of Section 70(3)(a), which mandates that data processed by credit bureaus must be relevant to the consumer’s credit standing. By processing irrelevant data—fraud allegations without legal proof—the SAFPS has transformed into an organization that traffics in lies, shattering the livelihoods of innocent citizens. This criminal disregard for statutory obligations illustrates the SAFPS’s belief that it is above the law.
2.2. Unlawful Processing of Personal Information in Violation of POPIA
The SAFPS is guilty of rampant violations of the Protection of Personal Information Act (POPIA), particularly in its unlawful processing of “special personal information” as defined in Section 26 of the Act. Special personal information includes data relating to criminal behavior or alleged offenses. Section 27 of POPIA strictly limits the processing of such information without explicit, informed consent or a lawful basis, such as a court order. The SAFPS, by gathering and disseminating fraud allegations without obtaining consent or a legitimate legal basis, blatantly violates POPIA. This is not merely a violation of consumer rights—it is criminal conduct, as defined by POPIA itself.
Section 32 of POPIA also grants every citizen the right to access their personal information and challenge its accuracy. The SAFPS, by refusing to provide the “credible evidence” upon which it claims to base its allegations, deliberately obstructs consumers from exercising this legal right. The SAFPS, therefore, is not just guilty of violating administrative processes—it is engaged in a criminal conspiracy to unlawfully process sensitive information, destroying the privacy and dignity of innocent citizens.
In Investigating Directorate: SEO v Hyundai (2000), the Constitutional Court held that “the right to privacy is entrenched in our Constitution and should not be violated without justification.” The SAFPS has arrogantly disregarded this principle by violating the privacy of individuals without any legal or moral justification, and it must be treated as a criminal enterprise for its actions.
3. The Criminal Defamation and Reputational Destruction of Innocent Citizens
The SAFPS has not only defamed but systematically dismantled the life and career of Dr. Pretorius, who, at the time of the alleged fraudulent activities, was not even present in South Africa. Despite clear evidence in the form of travel documents proving that Dr. Pretorius was abroad during the time the fraud was allegedly committed, the SAFPS allowed its member companies to accuse him of defrauding both a bank and a large retail chain. The member companies claimed to have video footage of Dr. Pretorius perpetrating these acts, but the footage was never provided. Instead, Dr. Pretorius was met with dismissive one-line emails, simply stating: “Client is guilty, listing will stay.”
This baseless accusation, coupled with the refusal to provide evidence, has caused irreparable damage to Dr. Pretorius. He has lost several job opportunities and promotions as a result of the fraudulent listings maintained by the SAFPS. Moreover, the SAFPS’s stranglehold on the banking system has led to grossly discriminatory behavior against him by banks, who refuse to allow him to open even a basic bank account. Dr. Pretorius’s life has been systematically dismantled due to the criminal negligence of the SAFPS and its refusal to acknowledge incontrovertible facts that prove his innocence. The SAFPS, in its malicious insistence on keeping him blacklisted, has clearly placed its financial interests above the truth and the rights of an innocent man.
The SAFPS’s actions meet every element of criminal defamation, as described under South African law. According to Le Roux v Dey (2011), “defamation harms a person’s dignity and reputation, both of which are constitutionally protected rights.” The SAFPS has done precisely this to Dr. Pretorius and countless other consumers—destroying their reputations through deliberate falsehoods, and in doing so, they have shattered the foundational protections guaranteed by our Constitution.
4. The Criminal Profit Motive Behind SAFPS’s Actions
The SAFPS has allowed its profit motive to dictate its behavior, engaging in what can only be described as criminal extortion. The SAFPS charges membership fees to financial institutions and relies on maintaining a large database of alleged fraudsters to justify its existence and profitability. This creates a conflict of interest where the SAFPS is incentivized to expand its listings, regardless of the accuracy or fairness of its allegations.
4.1. Allegation of Unjust Enrichment
It is alleged that the SAFPS has engaged in unjust enrichment by continuing to list consumers without correcting or verifying the information in its database, even after formal dispute processes. The organization’s refusal to remove inaccurate data benefits it financially, as it retains its status as a resource for financial institutions seeking fraud data, regardless of the accuracy or fairness of its listings.
The SAFPS’s financial model suggests that its practices are driven by profit, rather than by a genuine concern for preventing fraud or ensuring fair treatment of consumers. This creates a situation where consumers bear the burden of unjust listings, while the SAFPS profits from providing unverified data to its members. Such unjust enrichment at the expense of consumer rights demands investigation and appropriate legal action.
5. Recommendations for Criminal Investigation and Prosecution
5.1. Urgent Investigation by the National Credit Regulator (NCR)
The National Credit Regulator (NCR) must immediately open a criminal investigation into the SAFPS for violations of the NCA and for engaging in fraudulent conduct by knowingly disseminating inaccurate information to financial institutions. The SAFPS’s blatant disregard for legal obligations should result in its deregistration as a credit bureau and criminal prosecution of its leadership for their role in perpetuating these unlawful practices.
5.2. Investigation by the Information Regulator for Violations of POPIA
The Information Regulator should urgently investigate the SAFPS for its unlawful processing of special personal information and its failure to adhere to POPIA’s provisions. The SAFPS’s criminal mishandling of personal data demands the highest penalties under the law, including criminal prosecution and financial sanctions.
5.3. Criminal Prosecution for Defamation and Extortion
The South African Police Service (SAPS) and the National Prosecuting Authority (NPA) must investigate the SAFPS for criminal defamation and extortion. The SAFPS’s conduct, which has destroyed the reputations and financial stability of countless innocent citizens, constitutes criminal behavior deserving of the highest forms of legal sanction.
