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Seizing Criminal Assets to Fight Crime. Willie Hofmeyr Asset Forfeiture Unit National Prosecuting Authority Report to Parliament May 2008. Overall objectives. NPA set up AFU in 1999 to ensure that POCA properly implemented Offices in every province: Jhb Pta Dbn Ctn PE - PowerPoint PPT Presentation
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Seizing Criminal Assets to Fight Crime
Willie Hofmeyr
Asset Forfeiture Unit
National Prosecuting Authority
Report to Parliament
May 2008
1
Overall objectives• NPA set up AFU in 1999 to ensure that POCA
properly implemented • Offices in every province: Jhb Pta Dbn Ctn PE
– Smaller offices in EL Bfn Kim Polokwane Nels• 2 major strategic objectives
1: Increase the volume of cases
• to build the capacity to do more cases to make a real impact in the fight against crime
2: Developing the law
• to do test cases and create legal precedents that allow the effective use of the law
2
1: Increasing the volume of cases
2006 / 2007 2007 / 2008
Indicator Target: Actual: % ofTarget
Target: Actual % oftarget
Number of cases
Seizures 230 253 110% 250 218 87%
Cases completed 180 246 138% 220 221 100%
Monetary targets Seizures R300m R1 297m 432% R300m R 345m 115%
Cases completed R120m R101m 84% R120m R127m 106%
Funds into CARA R25m R 19m 77% R25m R 46m 182%3
Notes on new restraint cases
• 06/07: was exceptional year, well above target on most indicators
• 07/08: lost several skilled staff, had to replace– Also impacted by uncertainty around DSO
• New restraint orders• No. cases: 06/07 was 10% above target
– 07/08: 13% below target, • but 3% below if take account of staff losses
• Value of cases: 06 /07 330% above target– David King – largest case ever - R1bn frozen– Delport – customs fraud of R350m – 07/08: had good year, 15% above target
4
Notes on completed cases
• Completed cases • No. cases: 06/07 was 38% above target
– 07/08: on target • 10% above if take account of staff losses
• Value of cases: 06 /07: 16% below target– 07/08: had good year, 10% above target
• CARA deposits (Criminal Assets Recovery Account)– 06/07 - 23% below target– 07/08: best year ever, 82% above target– Some big deposits still pending
5
CARA first payments• First CARA payouts made this year • Was an important development • Most of funds to fight crime • But also to help organisations that assist victims
– DSD – 8 rape crisis and battered woman centres
– SAPS – one way glass for ID parades – TRC victims – SOCA – specialised equipment for sexual
offences courts6
2: Developing the law2006 / 2007 2006 / 2007
Indicator Target Actual % oftarget
Target: Actual % oftarget
Total Judgements 36 33 92% 36 30 83%
Judgements: Con Court 3 0
Supreme Court Appeal 4 3
Success rate 67% 81% 14% 72.5% 70% -2.5%
Success rate: CC/SCA 75% 71% -4% 75% 33% -42%
Judgements to date Success rate to date
All judgements 235 67.4%
Constitutional Court 6 83%
Supreme Court Appeal 22 59%7
Note on judgements• Success rate of more than 85% in all cases taken on
– Losses include those where it is not fault of AFU, eg person accquited
• Also measure success rate in cases where judgments are obtained
• In 4 years to April 2003 – won only 48% of judgments (25 of 52)
• Big change in last 5 years in judgements– won 73% of judgements (133 of 182)
8
CC Judgements 06/07, 07/08
Constitutional Court• Prophet drug house - appeal refused. Clarify
instrumentality forfeitures • Absa vs Fraser – legal expenses cannot be
granted to accused at the expense of creditors or victims without hearing them
• Mohunram – illegal casino instrumentality – Lost narrowly 6 vs 5 – Majority appear to require organised crime link
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SCA judgements 06/07, 07/08
Supreme Court of Appeal• Shaik – held that AFU can take gross benefit – not only
the profit. Clarify confiscation procedure – Still waiting for outcome of CC appeal
• Van Staden – drunk driving cars are instrumentalities • Mngomezulu – drug dealer – curator can sell off property
to pay expenses of the estate• Van Rensburg – lost on technical point• Singh - • Vermaak – drunk driving cars are instrumentalities, but it
is not proportional • Geyser – brothel is instrumentality, no proportionality
problem 10
Partners relations• Relations with partners excellent• SAPS (incl SCCU)
– about 83% of cases, 38% value • about 50% of value through SCCU
– 45 SAPS detectives in AFU offices full-time• DSO – about 13 % of cases, 60% value • SARS – Delport, King and other cases• NPS – ensure that get more referrals
– Working on new organised crime initiative• Others: SARB, FIC, Marine & Coastal Managm 11
Challenges• Major challenge to expand its capacity sufficiently to deal
with all the cases that are currently in court and where asset forfeiture can be done
• Estimate is about R1 to R2 billion, – apart from other proceeds that can be targeted
through civil forfeiture• Prepared a business case to expand capacity sufficiently
to deal with this over 5 years• Requires expanding the budget almost eight -fold
– Budget has increased significant additional funding
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