INTRODUCTION

The report discusses the international perspective, how Lesotho has strengthened its laws in relation to asset forfeiture and corruption prevention, the achievement and challenges.

 

BACKGOUND

Asset forfeiture is a relatively new and innovative way of fighting crime through civil litigation.1 It is a very recent field of international anti-corruption activity.2 It involves an efficient and effective criminal justice system, sound preventive policies and transparent financial regulation.3

In Lesotho, asset forfeiture is a totally novelOur first legislation to embosom the rudiments of asset forfeiture is the Criminal Procedure and Evidence Act.4 However the Act provides only for conviction based forfeiture.5It was only in 2008 when Lesotho promulgated the law extending even to non-conviction based forfeiture. By the law we showed commitment by giving effect to international obligations. This was an important step in response to international community demand to put in place necessary mechanisms towards tackling corruption by stripping of ill-gotten gains from criminals.

 Asset forfeiture denotes recovery these words are used interchangeably. It refers to the process by which the proceeds of crime are identified, traced, seized, confiscated or [or forfeited] and returned to their rightful owners (which may include states, state owned enterprises as well as private individuals or private legal entities). Read More

Generally corruption has been defined as the abuse of power for private benefit. Corruption has proven to be one of the major challenges that can hamper any country’s stability and economy hence the need to fight it from all angles.

The Directorate on Corruption and Economic Crime (DCEC) was established in 1994 through an act of parliament, the Corruption and Economic Crime Act (CECA) (Act no, 13 of 1994) to combat corruption. This followed a series scandals involving senior members of the cabinet, including senior public officers. Read More

The Anti-Corruption Commission under its current Leadership managed to turnaround several things in its quest to combating corruption. To date, many Namibian are aware that there exists an agency entrusted with the enormous responsibility to prevent and fight against corruption. With its few staff complement, the commission has managed to visit all corners of the country thereby spreading the messages to all Namibians from faith based Christian organization, members of the Namibian Police, Namibian Defence Force, Politicians, Schools, Civil society, Non-Governmental Organizations, tertiary institutions, the youth and the public and private bodies. At the moment the Commission is in the phase of strengthening national systems in all sectors once its National Anti-Corruption Strategy is completed.Read More