13 Jun 2018

 The Mutual Assistance in Criminal Matters Amendment bill, if adopted will ensure that Botswana adhered to her international obligations by aligning the Mutual Assistance in Criminal Matters Act with other anti-money laundering and counter-terrorism policies.

The Minister for Defence, Justice and Security Mr Shaw Kgathi, who presented the bill in Parliament on June 11 said the bill would facilitate the exchange of information between Botswana and other countries as well as enable the gathering of evidence relating to property which may be hidden in other countries.

“Such property might be proceeds or instruments of crime or money laundering used to finance terrorism. 

Following the enactment of the Proceeds and Instruments of Crime Act in 2014, it has become necessary to align the two Acts,” he said.

Mr Kgathi said the bill would therefore complement the Proceeds and Instruments of Crime Act.

Some of the amendments sought through the bill, he said, included the specifying of instances in which assistance by foreign countries may be refused, as well as the introduction in the Act of a new provision that deals with rejecting request by a foreign country for assistance under the Act due to the use of coercive action.

Mr Kgathi said Section 9 of the Act, which deals with requests for assistance that may be made by the Director of Public Prosecutions, would be amended by broadening the scope of evidence that may be requested.

The minister assured the house that he would bring amendments at committee stage to incorporate the feedback from MPs and further strengthen the bill to ensure that it met the Eastern and Southern Africa Anti Money Laundering Group (ESAAMLG) conference requirements. ENDS