10 Mar 2019

The Office of the Receiver's mandate is to preserve the value of property in its possession in respect of court orders made under the Act.

Addressing the Central District Full Council meeting recently, Head of the Office of the Receiver, Mr Bafi Nlanda said the office receives court ordered directing it to take over the management of property in accordance with the provisions of the Act.

He noted that the office, which falls under the Ministry of Defence, Justice and Security, was established in 2017, and had already been served with several court orders to take over the management of property, which has been restrained by court on suspicion that it was proceeds of instruments of crime.

“This property includes residential plots, industrial buildings, vehicles and money,” he said. 

He said when the Receiver has been ordered to take over the management of a property, he manages it from the time it is restrained by the court until it is forfeited to the state.

He said once the property has been forfeited to the state, its ownership vests on government and the Receiver hands it over so that it can be registered in the register of government assets and be distributed in accordance with the rules governing the distribution of government assets.

Councillors were told that when the property is under the management of the Receiver, he is expected to preserve its value.

“This is to ensure that by the time the court decides what the Receiver must do with the property, it would not have lost any value,’’ he said.

He revealed that if the person from whom the property was taken wins the case, they do not sue government for letting the property depreciate when it was in the custody of the Receiver.

Similarly, when they lose the case, the property is forfeited to the state and government will benefit from it.

Mr Nlanda said Proceeds and Instruments of the Crime Act established the Confiscated Asset Trust Fund into which all monies collected under the Act are  paid.

He said the Receiver administers the fund in accordance with the Fund Order and advice from the Confiscated Asset Trust Fund Implementation Committee.

He stated that the committee is appointed by the minister responsible for justice, and it comprises; the Receiver, the Secretary for Defence, Justice and Security, a finance officer, a representative from the Attorney General’s Chambers and a representative from the ministry responsible for finance.

“The money in the fund may be used to compensate victims of crime, and for such other purposes as the minister responsible for finance may approve, subject to advice by the Receiver,’’ he noted.

Most councillors appreciated the government’s efforts in establishing such a body, stating that corruption has been increasing at an alarming rate in Botswana. 

Some councillors requested the office to consult communities in rural areas and further appealed to the Office of the Receiver to do their job without fear or favour.

Some however, felt that the Office of the Receiver is coming in a little late, while big fish have looted the country’s resources. ENDS