1. Seizing Criminal Assets to Fight Crime
Asset Forfeiture Unit
National Prosecuting Authority
Report to National Council of Provinces, Parliament
May 2007

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

3. 1: Increasing the volume of cases
2005 / 2006
2006 / 2007
Indicator
Target:
Actual:
% of
target
Actual
Number of cases
Seizures
210
252
120%
230
110%
Cases completed
160
220
138%
180
244
134%
Monetary targets
R 250m
R 344m
R300m
R 775m
258%
R 100m
R 107m
107%
R120m
R101m
84%
Funds into CARA
R 50m
R 20m
40%
R25m
R 19m
77%

4. Notes on volume of cases
New seizures
No. of cases: well above target
Value of cases: More than double annual target
Due to King case (est R500m frozen – possibly R1bn)
Completed cases
Value of cases: About 15% below target
CARA
Slightly below target
Shaik deposit of about R42m only next year

5. Important cases David King – obtained freezing orders through MLA
in Guernsey, England and Wales
for as much as about R1 billion – one of largest cases ever
He has vowed to drag the case on for next 10 years
Delport – customs fraud of R350m
largest ever number of assets seized in SA – about R80m
Shaik finalised – will pay about R40m

6. CARA first payments First CARA payouts made this year
Was an important development
Most of funds to fight crime
But also to help organisations that assist victims
DSD – 8 rape crisis and battered woman centres
SAPS – one way glass for ID parades
TRC victims
SOCA – specialised equipment

7. 2: Developing the law 2005 / 2006 2006 / 2007 Indicator Target Actual
% of
target
Target:
Total Judgements 45 38
84% 36 32
89%
Judgements: Con Court 1 2
Supreme Court Appeal 4
Success rate
67%
72%
+5%
81%
14%
Success rate: CC/SCA
75%
80%
-8%
Judgements to date
Success rate to date
All judgements
204
Constitutional Court 6
83% 19
63%

8. Note on judgements 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 48% of judgments (25 of 52)
Big change in last 3 years in judgements
03/04 won 77% of judgements (27 of 35)
04/05 won 65% of judgements (30 of 46)
05/06 won 72% of judgements (27.5 of 38)
06/07 won 81% of judgements (26 of 36)
Since Nov 2004, have won 12 of 15 cases in SCA/CC = 80%

9. Important judgements Constitutional Court
Prophet drug house - appeal refused. Clarify instrumentality forfeitures
Absa vs Fraser – legal expenses cannot be granted to accused at the expense of creditors or victims without hearing them
Mohunram – illegal casino instrumentality
Lost narrowly 6 vs 5
Majority appear to require organised crime link
Shaik – will argue leave to appeal on 24 May

10. Important judgements Supreme Court of Appeal
Shaik – held that AFU can take gross benefit – not only the profit. Clarify confiscation procedure
Van Staden – drunk driving cars are instrumentalities
Mngomezulu – drug dealer – curator can sell off property to pay expenses of the estate
Van Rensburg –lost on technical point
High Court notable cases
Boekhoud/Yield – hearsay admissible when undercover agents still in syndicate
Marinus – compelled to disclose assets to get legal expenses

11. Partners relations Generally relations are excellent SAPS (incl SCCU)
about 90% of cases, 30% value
Have SAPS task teams in most AFU offices
DSO – about 8 % of cases, 67% value
SARS – Delport case
NPS – ensure that get more referrals
Working on new organised crime initiative
Others: SARB, FIC, MCM

12. 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 eight -fold
Budget has increased significant additional funding