Khasho August September 2010 - National Prosecuting Authority

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10 NPA NewsNo more safe havens for stolen assets!Corrupt officials have been warned. The world will no longer provide a safe hiding place for their loot.Tebogo SeateThis is a strong message that emanated from the Global Forumon Asset Recovery and Development which was held in Parisin June this year. In attendance was our Minister of Justice andConstitutional Development, Mr Jeff Radebe and Head ofAsset Forfeiture Unit, Mr Willie Hofmeyr. The Minister wasinvited to this forum as a keynote speaker particularly becauseSouth Africa is regarded as one of the countries that have dealteffectively with criminal asset recovery. The internationalcommunity therefore wanted South Africa to share herexperience in tackling this problem. As the world isrecovering from the globaleconomic crisis of the past threeyears, there is yet anotherchallenge which keeps onaffecting poor people,particularly in the developingcountries - corruption in theform of theft of public funds andthe laundering of proceeds ofcorruption through theinternational financial system.The world, however, is nowspeaking with one voice that warmust be waged against themassive drain of funds awayfrom the people who need themthe most, and international cooperation is vital to ensure theirreturn.Corruption has an adverse effect on development as servicedelivery to the poor is negatively impacted when resourcesaimed at uplifting them are diverted elsewhere. Mr Radebewas therefore identifying with crime-fighting efforts by theinternational community to curb this form of crime. He saidthe world at large needed to be given assurance that those whocommit crime and seek to benefit from it will have nowhere torun to, that they will have nowhere to hide their assets, andthat the community of nations will pursue them relentlessly nomatter where they may be in the world.The Minister said it was for this reason that South Africa haspledged its support to an initiative like the StAR (StolenAssets Recovery) initiative, which is a joint venture betweentheDelegates at the Global Forum on Asset Recovery andDevelopmentWorld Bank and the United Nations Office on Drugs andCrime (UNODC). Its aim is to assist developing countries torecover assets that have been stolen and to return them tothose countries. He said increased international cooperationwas needed in this area to ensure that there are no safe havensanywhere in the world for the proceeds of corruption.Mr Radebe said as the leader of the justice and security clusterin South Africa, he has signed a performance agreement withthe President in which he committed himself to ensuring that100 people are convicted in corruption cases where assets ofmore than R5 million have beenrestrained. He said he had to meetthis target by 2014. This, said theMinister, was a tangible expressionof political will to root outcorruption. He said, “South Africahas taken a very strong stance intackling corruption. As a country wehave demonstrated our resolve andcommitment to dealing withcorruption and asset recovery byputting in place the necessary legalframework to support suchendeavours”. Mr Radebe said whileSouth Africa may not have been thepioneer on the asset recovery front,the country was able to draw valuable lessons from thosecountries that led the way. In turn, may other countries havebeen able to benefit from the South African experience,because we have been able to assist a number of countrieswhere assistance was requested.One of the challenges of asset recovery is that it is still arelatively new concept in criminal law internationally andmany legal issues remain unresolved. It also raises manycomplex legal issues, and deals with cases that are generallyvery heavily litigated and resource intensive. It is for thisreason that the Minister made a number of recommendationsto the forum, which among others, calls for more formalmeasures of co-operation among participating countries,increased sharing of information and optimal use ofinformation technology. Mr Radebe also called for intensivetraining of lawyers and investigators, and the building ofrelevant contacts and networks.Professionalism, Integrity, Service Excellence, Accountability and Credibility
NPA News 11Asset Recovery Inter Agency Network of Southern Africa - 1 st AGMRepresentatives fromthe nine membercountries: Botswana,Lesotho, Mauritius,Namibia, South Africa,Swaziland, Zambia andZimbabwe converged inPretoria to discuss andshare experiences onhow to effectively seizethe ill-gotten wealthfrom the unscrupulouscriminals to ensure thatjustice in the economicregion prevails.Amongst other thingsthe AGM also aimed atdeveloping lines ofcommunication andoperating procedureswith the view tofacilitate work ofinvestigators and prosecutors in tracing, freezing, confiscatingand repatriating the proceeds of corruption and other financialcrimes.In the increasingly globally connected world, the crimes ofcorruption, money laundering and drug trafficking routinelycross national borders. It is for this reason that collaborationthrough ARINSA networks where prosecutors andinvestigators will easily connect with counterparts in membercountries is encouraged. Consequently, Minister Jeff Radebe,emphatically voiced his support for the need to increasecapacity of prosecutors and investigators to pursue corruptionand its proceeds.The Minister said he was very pleased to witness measures toNomilo MpondoThe Minister of Justice and Constitutional Development, Jeff Radebe made an opening address at an ARINSAAGM in Pretoria last month.combat crime being implemented as that will guaranteeThe Minister expressed his gratification in being part of thehistoric event as it was the very first Asset Recovery Inter-Agency Network of Southern Africa (ARINSA) AnnualGeneral Meeting in the Southern African region. ARINSA ismodelled on the European Camden Asset Recovery Inter-Agency Network (CARIN) and is affiliated to the CARINNetwork.investors and all other role players in our regional economy ofthe legitimacy of the regional development agenda.He asserted that the route of asset forfeiture is a fittingresponse to the threats of crime and corruption in the regionaleconomy and social welfare of the region. The Ministerconcluded by pledging South African Government’s supportto the initiatives of the ARINSA. “We will endeavour to createa climate conduciveto the realisation ofyour full potential,consistent with yourmandates in yourcountries”.Mr Willie Hofmeyr, Minister Jeff Radebe and the programme director at the ARINSAAGMThe head of AFU, MrWillie Hofmeyr, afterMinister Jeff Radebedeclared the AGMopen, gave aresounding historicalbackground about theformation of assetforfeiture and how itwas modelled. Hepointed to thechallenges andcomplexities in theeffectiveimplementation ofasset forfeiture. Healso explained the usage of civil litigation and its effectivenesswhere evidence is not sufficient to secure a criminalconviction. In such cases, the AFU can often still meet civillitigation standard of proof, i.e. a balance of probabilities, tosecure the forfeiture of proceeds of crime.In the early days of asset recovery across borders, the use ofdiplomatic channels for mutual legal assistance proved to bevery slow and it necessitated the creation of more efficientmechanisms for mutual legal assistance. This led to theinternational requirement for states to set up centralauthorities, where requests get to be channelled to relevantdomestic agencies quicker and speedily, thereby resulting inefficient asset recovery. In closing he said that asset recoveryis an intellectually stimulating work but not easy.Professionalism, Integrity, Service Excellence, Accountability and Credibility
Page 1 and 2: Professionalism, Integrity, Service
Page 3 and 4: NDPP Message 3Message from theNatio
Page 5 and 6: NPA Performance 5From all the women
Page 7 and 8: NPA Performance 7Chauvinist gets li
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Page 17 and 18: NPA News 17Update on Operation Recr

Khasho August September 2010 - National Prosecuting Authority

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