Minister Mmamoloko Kubayi: 63rd Annual Session of the Asian-African Legal Consultative Organisation

Mr President
Excellencies,
Distinguished Delegates,

South Africa expresses its appreciation to the Government of Indonesia and to the AALCO Secretariat for bringing the issue of asset recovery to the agenda of AALCO. This is a matter of central importance to governance, justice, and sustainable development across Asia and Africa.

Corruption and the illicit transfer of assets out of developing countries deprive our peoples of billions of dollars each year – funds urgently needed for health care, education, and infrastructure.

We subscribe to the position that proceeds from crime must be returned to its country of origin where such proceeds are to redirected for its initial purpose, that is to say, to the benefit of the population and victims.

For South Africa, the recovery of stolen assets is not simply a financial exercise, but a matter of justice and restoring integrity to the rule of law.

South Africa ratified the United Nations Convention against Corruption in 2004 and has developed a comprehensive domestic framework for asset recovery, including through the Prevention of Organised Crime Act and the International Cooperation in Criminal Matters Act.

Our Asset Forfeiture Unit has worked extensively to return the proceeds of crime to victims and to requesting States, often on the basis of both formal and informal cooperation. South Africa’s legal framework ensures that confiscated assets are returned to the requesting State, less only the expenses incurred, as provided for in our law.

Mr President
Excellencies,
Distinguished Delegates,

My delegation wishes to emphasise the importance of cooperation and collaboration between different jurisdictions to ensure the prompt recovery of assets of illicit origin.

South Africa was one of the first jurisdictions in the world to introduce non-conviction based forfeiture. The Asset Forfeiture Unit (AFU) of the National Prosecuting Authority implements the freezing and forfeiture provisions in respect of the proceeds and instrumentalities of unlawful activities and benefits of crime.

The Criminal Assets Recovery Account (CARA) was established and is a separate account within the National Revenue Fund (NRF) into which monies and property are deposited following a judicial forfeiture or confiscation order.

This is regulated in law by the Prevention and Combatting of Corrupt Activities Act, of 2004, which forms part of a larger legislative architecture to criminalise corrupt activities. South Africa is keen to share its experiences and to learn from other countries through the establishment of an Asset Recovery Forum.

Criminal asset forfeiture enhances the ability of law enforcement to combat organised criminal activity. The proceeds are distributed to the prosecution and police to assist them in fighting crime. Victims of crimes are also considered.

The Public Protector is an independent institution established in terms of section 181 of the Constitution, with a mandate to support and strengthen constitutional democracy. A supreme administrative oversight body, the Public Protector has the power to investigate, report on and remedy improper conduct in all state affairs.

Accountability, Integrity and Responsiveness are key values that this Office is guided by. Incidentally, the Office of the Public Protector is partly supported by the CARA funds in programmes that are aimed at bolstering accountability and preventing crime

Mr President
Excellencies,
Distinguished Delegates,

South Africa stands ready to share its own best practices, including its beneficial ownership transparency regime, its Corporate Alternative Dispute Resolution framework, and its work with international partners in tracing and repatriating stolen funds.

We will also continue to press for greater cooperation, including in relation to cryptocurrencies and other virtual assets, which present new challenges for asset tracing.

We therefore call on Member States to support the swift operationalisation of the Asset Recovery Expert Forum under AALCO, as a concrete step towards ending impunity for corruption and ensuring that stolen wealth is returned to the peoples from whom it was taken.

I thank you 

#GovZAUpdates