We Welcome The Amendment Of The Proceeds Of Crime Act

Monitor Editor | Monday July 14, 2014 16:03

It is an amendment of an existing law that has its own shortcomings. There is no doubt that once implemented, the law will send many people to jail simply because  there will no longer be need for the State to prove that a property was gained through corrupt means. It will now be upon the suspect to simply satisfy the  law enforcers’ curious minds.

The new amendments would see suspected beneficiaries of proceeds of crime being stripped of their wealth as soon as they are suspected of living beyond their means. The new law will indeed go a long way in fighting accumulation of wealth by unscrupulous means. We hope it comes into law as a matter of urgency to start biting hard, because perceptions of corruption by both the elite and the not so elite are on the rise in our beloved country. 

The proposed legislation would reverse the burden of proof and require the alleged offender to prove the legitimacy of his property. Although the proposed law  retains the conviction-based method of forfeiting the property, it also introduces a new non-conviction based forfeiture regime, the Civil forfeiture regime, which aims to secure property suspected of being the proceed or instrument of crime using a lesser burden of proof, which is proof using a balance of probabilities.

Civil forfeiture will also enable the property suspected of being a proceed or instrument of crime to be forfeited within a short period.  It is also heart warming to learn that  the proposed law  will cover proceeds from money laundering and racketeering, as well as  creating the Office of Receiver and a Confiscated Assets Trust Fund. While we celebrate this new law, we hope that it will not be abused to punish  certain people who might be viewed as anti-establihment. We hope to see even the big fish feeling the long arm of the law.  It should be applied without any fear or favour. At the same time, the new law should not be used to scare away investors either deliberately or unintentionally. It should not  perpetuate the notion that being rich, accumulating wealth, driving fancy cars or having millions in your bank account is sinful.

In fact, we should hope to see more and more Batswana, and residents becoming more successful and owning valuable property in a corruption free society. It would be a step back if anyone were to lose their hard earned wealth simply because some jealous law-enforcer decided to finish him off.