Criminalising illicit enrichment to combat economic crime in South Africa
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Date
2024
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Universty of the Western Cape
Abstract
Prosecuting corrupt public officials in South Africa is a difficult task, in part because they gain enormous fortune from their access to public monies. Because of their powerful positions, their wealth has reached unparalleled levels. However, a significant amount of their wealth and assets appears to be disproportionate to their legal income. This research investigates whether criminalising ill-gotten money could improve the chances of successful prosecutions. Examining whether there is adequate evidence to prove their involvement in corrupt activities and then criminalising their hidden disproportionate riches may greatly contribute to successful prosecution. This study examines the criminalisation of illicit enrichment, its relevance in the South African legal system, and the issues that it raises. This paper also explains why criminalising illicit enrichment is vital in South Africa and how it can be done without compromising the constitutional rights of people accused of the offence. The research accomplishes this by assessing several countries that have adopted and implemented this strategy because they regard the crime of illicit enrichment as a beneficial instrument for battling corruption.
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Keywords
Wealth discloser, Undisclosed wealth, South African Police Service, National Prosecuting Authority, Illicit enrichment