09 Jul 2014

The Minister of Defence, Justice and Security has presented to Parliament a draft bill that seeks to deprive persons convicted of certain crimes of the benefits or rewards gained from such crimes.

Mr Dikgakgamatso Seretse who is also Member of Parliament for Serowe North East told Parliament that since the standard of proof in criminal cases was ‘proof beyond reasonable doubt’, proceeds of crime dissipated during criminal investigations.

“Further the length of time it takes to secure a conviction also provides an opportunity for proceeds of the crime to dissipate. 

To address the above problem the Proceeds and Instruments Crime Bill of 2014 retains the conviction based forfeiture under the proceeds of serious crime and further introduces a new regime of civil forfeiture which is not conviction based,” he explained.

The minister explained to Parliament that the civil forfeiture order introduced by the Bill will secure property suspected to be proceeds or instruments of crime using a lesser burden of proof which is proof on a balance of probabilities.

“A civil forfeiture order will further enable property suspected to be proceeds of crime to be forfeited within a short period of time. This has the effect of reversing the burden of alleged offender to proof legitimacy of his/her property,” he added.

Mr Seretse told the House that the object of the Bill was to repeal and re-enact proceeds of serious crime acts by amongst other explaining clause three which introduces a pecuniary penalty order which is ordered against a person who has been convicted of one or more serious or confiscation offences.

He also highlighted clause 11 which introduces a civil penalty order, which is non-conviction based and compel the respondent to pay government an amount assessed by court as the value of the benefits derived from a serious crime related activity. 

Clause 16 and 17 lays out methods of the assessment of the benefits derived. Proceeds and Instruments of Crime Bill is an Act to deprive persons convicted of certain crimes of the benefits or rewards gained from such crimes; to deprive persons of property suspected to be a proceed of instrument of crime, to deal with issues such as money laundering, racketeering and other connected matters.
ENDS