How to Get South Africa off the Grey List

Dear Editor

The NPA’s Asset Forfeiture Unit’s seizure of R52 million in illegal coal mining proceeds through their cooperation with Namibia is encouraging and indicates some success in tackling illicit cross-border transactions.

However, this cannot be said to “assist enormously in getting off the FAFT grey list”. One swallow does not equate to a summer, but any success at this point is something to applaud.

This is a far too rare success in a much greater problem facing the NPA. One of the last remaining reasons South Africa is grey-listed is because the criminal justice system has failed to combat and prosecute financial crimes.

The NPA is failing to address these issues, for example, it is alleged that in Mpumalanga, illegal coal mining, which apparently happens in plain sight, is enabled by government corruption. These officials, who allegedly enable illicit cross-border transactions are not being brought to task.

The NPA simply lacks the independence, resources and capability to prosecute complex financial crimes and has yet to successfully prosecute one high-profile case of corruption. As stated by FAFT “South Africa should demonstrate a sustained increase in investigations and prosecutions of serious and complex money laundering, in particular involving professional money laundering networks/enablers”.

The DA proposes the Anti-Corruption Commission (ACC) as a solution to getting South Africa off the grey list. The ACC, or Scorpions 2.0 would be created by the DA’s Private Members Bill currently before Parliament. The ACC would be an independent body which would be empowered to investigate and prosecute serious corruption and high-level organised crime. It would be properly staffed with the expertise to tackle, on a large scale and holistically, the crimes that have led to South Africa’s grey-listing.

Regards

Adv. Glynnis Breytenbach MP
DA Spokesperson on Justice and Constitutional Development