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. 137

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