Missing Persons and Skip-Tracing
Private Investigators and Missing Persons Investigations
In South Africa 🇿🇦 Private Investigators (PIs) are a resource for families or individuals to find a missing person, especially if they feel that police efforts are moving too slowly. PIs use their experience, advanced techniques, and a network of contacts to track individuals, but they must operate strictly within the law to ensure evidence is admissible in court.
The investigation process
While a family should always first file a report with the South African Police Service (SAPS), a private investigator can supplement the official search. A PI's investigation into a missing person typically involves these steps:
• Initial consultation: The PI will meet with the client to gather all relevant details about the missing person and discuss an investigative strategy.
• Background checks: PIs can legally access public records and databases to gather information on the individual's history, contacts, and last known activities.
• Surveillance: Under legal limits, PIs can conduct surveillance in public places to gather information or observe areas where the missing person is likely to be.
• Interviews: PIs will interview witnesses, friends, and family to gain a deeper understanding of the person's disappearance. Witnesses must be willing, and all statements must be obtained ethically.
• Networking: Investigators often have extensive networks, including former law enforcement, to aid in their search.
• Search of facilities: PIs can conduct searches of hospitals and mortuaries.
• Digital footprint analysis: Investigators may legally trace digital footprints to uncover leads.
Legal and ethical limitations
To avoid compromising an investigation, PIs must adhere to strict regulations set by the Private Security Industry Regulatory Authority (PSiRA). Legal limitations include:
• No unauthorized phone record access: Under the Regulation of Interception of Communications and Provision of Communication-Related Information Act (RICA), PIs cannot illegally access a person's phone records or "ping" their cellphone location.
• No trespassing: PIs cannot enter private property without permission to gather information. Evidence obtained illegally will not be admissible in court.
• Respect for privacy: Surveillance must be conducted in public spaces. Recording individuals inside private properties without consent is illegal.
• No impersonation: PIs cannot pretend to be police officers or other law enforcement personnel.
• No arrest powers: PIs cannot make official arrests. They can only make a citizen's arrest under specific conditions, and the individual must be handed over to the police immediately.
How to hire a private investigator
When hiring a PI in South Africa, it is vital to follow certain steps to ensure you are working with a legitimate professional and not falling victim to a scam.
• Verify registration: The most crucial step is to confirm that the PI are registered with PSiRA. You should ask for their PSiRA registration number and check it.
• Check credentials: Evaluate the PI's work history, relevant experience, and training in criminal justice or forensic science.
• Discuss costs upfront: PIs may charge hourly rates (R500–R2,000+ per hour) or flat fees for different services. A missing persons investigation can range from R7,000 to over R44,000, depending on complexity. Always get a signed contract / mandate detailing the costs and scope of work.
• Agree on strategy: Have a clear discussion about the investigative methods and expected results.
• Get a written contract: A signed mandate agreement protects both you and the investigator by clearly outlining the work to be done and the agreed-upon fees.
Reporting a missing person to the police
Regardless of whether you use a private investigator, you must report a missing person to the police.
• Go to any police station immediately and file a missing persons report (SAPS 55 form).
• It is a misconception that you must wait 24 hours. If a police officer tells you this, you should stand your ground.
• The SAPS 55 form allows the police to legally use the individual's photograph and information for the search.
• Take down the case number and the investigating officer's contact details.
SKIP-TRACING
In South Africa, private investigators conduct skip tracing to find individuals for various reasons, including debt collection, legal proceedings, and reconnecting with missing people. Investigators use specialized databases, public records, and other methods to locate and confirm a person's current whereabouts.
Reasons for skip tracing
• Debt recovery: Private investigators can trace debtors who have absconded to avoid paying what they owe.
• Legal proceedings: Investigators find missing witnesses, heirs, or parties to legal disputes to assist lawyers with serving court documents.
• Asset tracing: In cases of fraud or owed money, investigators can locate hidden assets of individuals or entities.
• Missing persons: People may hire an investigator to find missing loved ones, relatives, or long-lost friends.
Methods used by private investigators
Skip tracing is a systematic process involving several steps to verify a person's information and find their current location. Investigators in South Africa may use the following techniques:
• Database access: Private investigators can access proprietary databases unavailable to the public. These resources contain extensive information that helps locate individuals.
• Public records search: Investigators analyze public records, including property records, court documents, and voter registrations, to find current or past addresses.
• Social media analysis: An individual's digital footprint can be a valuable source of information. Investigators analyze social media profiles to gather leads on a person's location or associates.
• Contacting known associates: A key part of the process is speaking with a person's known contacts, such as family, friends, or former colleagues.
• Verification: Investigators cross-reference all collected information to ensure accuracy, as initial details can often be outdated or incorrect.
Regulation and legal considerations
The Private Security Industry Regulation Act (PSIRA) in South Africa regulates the activities of private investigators. Investigators must operate within the law and adhere to a code of conduct. Ethical considerations and compliance with regulations are critical to ensure that information is gathered legally and can be used effectively in proceedings.
How to hire a skip tracer
If you need to hire a private investigator for skip tracing in South Africa, consider the following:
• Identify your purpose: The reason for the trace is important, as investigators require a "reasonable cause" to proceed. Skip tracing for purposes of harassment or stalking is illegal.
• Gather information: Provide the investigator with as much information as possible on the individual you want to find. This could include their name, ID number, last known address, and any known associates.
• Research firms: Many firms offer skip tracing services across all nine provinces of South Africa. You can find companies by searching online.
• Request a consultation: Contact a private investigator for a confidential consultation to discuss your specific case and get an estimate of the costs involved.

