UCT will prosecute current and former staff members who have been found guilty of theft, fraud or similar criminal offences.
In addition, the university has undertaken to recover any loss incurred due to the offenders' transgressions, and would go as far as deducting from their retirement benefits, within the limitations imposed by the Pension Funds Act. In cases where a loss is covered by an insurance policy, this may also be required by the insurer.
According to the protocol for prosecution of offenders approved by the university's Audit Committee late last year, these actions will be followed in all cases except where the vice-chancellor rules that this is not to be done, in which case the decision and the reasons for it will be reported to the Audit Committee.
"The onus will be on the head of the Human Resources' Employee Relations Section to bring to the attention of the vice-chancellor any case in which HR considers that a charge should not be laid," the protocol document reads.
To ensure prosecution, the head of Campus Protection Services' (CPS) Investigations Section will be responsible for laying criminal charges, but must consult with the director of Legal Services and the executive director of HR or a nominee. Together they will formulate the charges, and must inform the head of Internal Audit when the charges are to be laid.
The head of HR's ER section is responsible for informing the head of CPS Investigations of all decisions that require criminal charges to be laid.
The role of Internal Audit in such matters will be to review and report on the control environment in the section or department concerned, and to make recommendations to the line manager(s) about the control environment in that section or department.
Where necessary, as judged by CPS, Internal Audit must assist in the forensic investigation of the case. This would be the exception rather than the rule. It must also report the event and details of the control environment to the Audit Committee.
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