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AFU Report

AFU Report. Presented by: Willie Hofmeyr. Overall objectives. 1: Increase the volume of cases to build the capacity to do more cases to make a real impact in the fight against crime 2: Developing the law to do test cases and create legal precedents that allow the effective use of the law.

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AFU Report

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  1. AFU Report Presented by: Willie Hofmeyr afu

  2. Overall objectives 1: Increase the volume of cases to build the capacity to do more cases to make a real impact in the fight against crime 2: Developing the law to do test cases and create legal precedents that allow the effective use of the law afu

  3. 1: Increasing the volume of cases afu

  4. Continued afu

  5. Notes on targets • New seizures • Number of cases: well above target • Value of cases: over R300m for first time • R306.3m against target of R250m • AFU reached milestone of R1 bn of seized assets this year • Completed cases • Number of cases: well above target • Value of cases: above target afu

  6. Provisional targets 06/07 afu

  7. Achievements since May 1999 New seizures Number of cases: 937 Value of cases: R1.2 billion Completed cases Number of cases: 652 Value of cases: R427 million Payment of monies Funds to CARA: R99 million Funds to victims: R220 million afu

  8. 2: Developing the law afu

  9. Continued afu

  10. Success rate in Judgments • Have maintained success rate of more than 85% in all cases • Also measure success rate in cases where judgments are obtained • In 4 years to April 2003 • won only 44% of judgments (21 of 48) • Big change in past 3 years in attitude of courts • 03/04 won 75% of judgements (23 of 30) • 04/05 won 64% of judgements (30 of 47) • 05/06 won 70% of judgements (25 of 36) • Since Nov 2004, have won 6 of 7 cases in SCA afu

  11. SCA / CC cases SCA cases Seevnarayan judgement on instrumentalities made it almost impossible to act against dirty hotels Recent SCA decisions in Parker, Prophet,Mohunran adopted a more balanced approach for fixed property SCA cases - other Nel and Du Toit lost – issue of legal expenses CC cases Phillips application for leave to appeal refused afu

  12. Partners Have excellent relations with SAPS – about 90% of cases, 30% value DSO – about 8 % of cases, 67% value Others: NPS, SARS, SARB, FIC Have SAPS task teams in most AFU offices afu

  13. All Staff Management Designated groups 82% 76% Black 61% 66% African 37% 29% Women 45% 41% Employment equity afu

  14. Major challenges Major challenge to expand its capacity sufficiently to deal with all the cases that are currently in court and where asset forfeiture can be done Estimate is about R1 to R2 billion, apart from other proceeds that can be targeted through civil forfeiture Prepared a business case to expand capacity sufficiently to deal with this over 5 years Requires expanding the budget almost ten-fold - Securing funding a massive challenge afu

  15. Legislation A number of areas have been identified where the law should be clarified or strengthened Amendments have been prepared and submitted to DOJ We have identified a shorter list of urgent amendments Helpful if they can be processed in in the second half of the year Minister is about to publish regulations to specify the maximum legal expenses that may be paid from assets preserved ito chapter 6 afu

  16. Conclusion Asset forfeiture is an important part of the war against crime ‑ it hits the crime bosses where it hurts most ‑ in the pocket In this way it helps to deter criminals But most importantly, forfeiture is a vital weapon to take the profit out of crime If we are to deal effectively with crime, it must become true “that crime does not pay” afu

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