REPUBLIC OF SOUTH AFRICA COMBINED SECOND PERIODIC REPORT UNDER THE AFRICAN CHARTER ON HUMAN AND PEOPLE`S RIGHTS
and INITIAL REPORT UNDER THE PROTOCOL TO THE AFRICAN CHARTER ON THE RIGHTS OF WOMEN IN AFRICA
validity of such an order is not affected by the outcome of criminal proceedings. In other
words, a suspected criminal can be acquitted in a criminal case, where the state has failed
to prove its case beyond a reasonable doubt, but still nonetheless have his property
forfeited to the state. This is one of the many benefits of civil forfeiture. It assists in
speeding up the finalization of cases and limits costs, thus addressing some of the risks
and constraints raised above. It also helps to limit the increased losses that resulted from
the focus on high value cases where the prosecution was unsuccessful in an increasing
number of cases due to them being much more heavily litigated. The impact of this shift
is reflected in the increased proportion of assets frozen through Chapter 6 actions. This
measure has drastically increased the amount of assets so frozen.
503.
Because the work of the AFU is extremely dependent on key partners, it has developed
cooperation frameworks with the SAPS (especially the DPCI), the rest of the NPA, the FIC,
the South African Revenue Service (SARS), the state attorney and others. The
institutionalised cooperation model developed in the ACTT may also be effective in
dealing with serious economic crime (other than corruption) and serious organised crime,
for example drug dealing and smuggling, precious metals, etc. This is especially so with
the increased involvement of organised crime in “emerging crimes” with high profit and
low risk, e.g. abalone smuggling, rhino poaching, illicit mining, copper theft, electricity
theft, illicit cigarettes and other grey goods, copyright theft, large frauds on the social
security system, etc.
504.
With a view to strengthen the fight against corruption, during 2010/11, the AFU became
part of Anti-Corruption Task Team (ACTT). The primary mandate of the ACTT is to
expedite the effective investigation and prosecution of priority corruption cases through
a multi-agency approach. It is coordinated by the Directorate for Priority Crime
Investigation (DPCI) that has a multi-disciplinary legal mandate which has been
operationalised through the ACTT, with a cross-cutting focus on targeting criminal
proceeds at the core. The AFU has focussed much resources and efforts to work more
closely with various government agencies, such as the DPCI, the SIU and National
Treasury, represented at the ACTT. This has assisted in ensuring that investigations and
court preparation in big cases are dealt with more speedily and effectively. This was also
done as these cases are a high priority for government.
505.
The operational need and international policy obligations has compelled the AFU and the
Financial Intelligence Centre (FIC) to revisit its approach in dealing with proceeds of crime
in a multi-disciplinary context. This has led to the joint development of an integrated
Resolving of Criminal Proceeds Process to co-ordinate and guide proceeds related
financial investigations across the Justice, Crime Prevention and Security (JCPS) cluster.
The model is based on international research and best practices through which the
operational models in other jurisdictions were identified based on similarities of legal
framework, operational practices and approaches. The Resolving of Criminal Proceeds
Process is being implemented based on the legal mandates of the NPA regarding financial
investigations and the Financial Intelligence Centre (FIC) regarding financial intelligence.
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