The Asset Forfeiture Unit (AFU), established in May 1999 within the National Prosecuting Authority (NPA), plays a critical role in South Africa’s efforts to combat organized crime and corruption. Empowered by the Prevention of Organized Crime Act (POCA), the AFU focuses on making crime unprofitable by seizing assets and proceeds derived from criminal activities. This initiative is vital in the fight against crime, ensuring that criminals do not benefit from their illegal actions.
The Mandate of the Asset Forfeiture Unit
The primary mandate of the AFU is to implement Chapters 5 and 6 of the Prevention of Organized Crime Act 121 of 1998. These chapters empower the unit to seize assets that are identified as the rewards of criminal behavior. The AFU primarily focuses its prosecutions on cases involving organized crime and corruption across both private and public sectors.
To successfully seize assets, the AFU, in collaboration with the NPA, must establish a direct link between the assets in question and the alleged criminality. This rigorous process ensures that only assets connected to illegal activities are targeted, thereby safeguarding the rights of individuals while effectively deterring crime.
Collaborative Efforts for Enhanced Effectiveness
The success of the AFU is bolstered by partnerships with various stakeholders, including local law enforcement agencies, regulatory bodies, and international organizations. By working alongside the South African Police Service (SAPS) and the South African Revenue Service (SARS), the AFU can share intelligence, resources, and expertise, further enhancing its capability to identify, recover, and reinstate assets accumulated through criminal activities.
Despite facing experienced opposing counsel in legal proceedings, the AFU has made significant strides in its mission. The unit’s ability to successfully litigate cases sets important precedents for future legal recourse and establishes a strong framework for continued operations against organized crime.
The Team Behind the AFU
The effectiveness of the AFU can be attributed to the dedicated team of professionals leading its initiatives:
- Adv. Ouma Rabaji-Rasethaba – Deputy National Director of Public Prosecutions
- Adv. Chuma Mtengwane – Acting Special Director of Public Prosecutions
- Mr. Bishum Somaru – Regional Head – Free State
- Mr. Gcobani Bam – Regional Head – Western Cape
- Mr. Mfanafuthi Simelane – Acting Regional Head – KZN
- Ms. Wendy Da Silva – Regional Head – Gauteng, Johannesburg
- Mr. Chris Ndzengu – Regional Head – Eastern Cape
This diverse team brings together a wealth of experience and expertise, enabling the AFU to navigate the complex landscape of asset forfeiture effectively.
Contact Information
For further inquiries regarding the Asset Forfeiture Unit, you can reach them at:
- Tel: 012 845 0000
- Email: lnongogo@npa.gov.za
Conclusion
The Asset Forfeiture Unit (AFU) is a vital part of the National Prosecuting Authority in South Africa, dedicated to disrupting the financial incentives behind organized crime. By ensuring that crime does not pay, the AFU not only recovers illicitly gained assets but also contributes significantly to the broader goals of justice and public safety. For more information about the NPA and its various functions, visit the National Prosecuting Authority.