10 Jun 2018

The Proceeds and Instruments of Crime Amendment Bill has been labelled a progressive step towards curbing crime and ensuring that no one reaped where they did not sow.

During the debate of the bill recently, MPs noted that in addition to the proposed law being capable of disrupting criminal activities, it would serve to protect individuals as well as the nation’s economy.

Debating the bill, Nkange MP, Mr Edwin Batshu said although the object of the bill was to target assets acquired through proceeds of crime, it was necessary to also look into issues of day-to-day life through which some people benefited where they were not supposed to benefit.

Mr Batshu also called for the enforcement of the bill, saying the existence of the bill on paper with no plans and capacity to enforce it would not benefit Batswana.

The legislator also spoke on the need for the speeding up of the wheels of justice, observing that it was critical for the justice system to swiftly investigate, hear and dispose of matters before it.

MP Wynter Mmolotsi of Francistown South also noted how necessary the amendment of the law was.

He said it was sad that some people were benefitting from what was not theirs. He said it was time that such people were stopped from reaping where they had not sown.

Regarding the provision that one could be held liable if it was proven that they intended to benefit from instruments of crime, MP Mmolotsi wondered how such intent would be measured.

He argued that the provision was an example of how ambiguous and unenforceable some laws were.

Jwaneng-Mabutsane MP, Mr Shawn Ntlhaile also welcomed the bill, arguing however that there was need to ensure that the implementing ministry did not have resource constraints that would hamper its implementation.

The MP also called for the putting in place of redress mechanisms to allow for suspects to seek recourse to recover their assets which would have been seized as a result of them having been the subject of investigations.

Selebi Phikwe West MP, Mr Dithapelo Keorapetse said while the law should be adequate to disrupt criminal activities, its primary concern ought to be elite corruption, which he said was happening on a grand scale in the country.

MP Polson Majaga of Nata-Gweta also hailed the bill, commending it for widening the net regarding the confiscation of property pending the conclusion of cases.

He said it was commendable that whatever asset acquired through unscrupulous means would be seized. This, Mr Majaga said, would serve as a deterrent.

Ngami legislator, Mr Thato Kwerepe also supported the bill, saying it would ensure that each person ate only from the brow of their own sweat.

He however expressed discontent with the effect the law would have on married persons.

Mr Kwerepe noted that it would have been better if only the spouse who had brought proceeds of crime into the joint estate to suffer consequences of the seizure of assets without the entire estate being taken.

MP for Maun West, Mr Tawana Moremi supported the bill, saying it would deter criminals from engaging in criminal activities.

He nonetheless complained that legislators had not been furnished with copies of the Eastern and Southern Africa Anti Money Laundering Group (ESAAMLG) report that had found the Proceeds and Instruments of Crime Act to be inadequate, a finding that had consequently necessitated the amendment of the act.

He said it was disappointing that the act was being amended not because of the input of citizens but rather of a foreign entity.

MP for Ghanzi North, Mr Noah Salakae shared Mr Moremi’s sentiments that Batswana should have been consulted on the law instead of relying on the recommendations of a foreign body to review it. ENDS