Address by Minister Lamola at the United Nations Convention Against Corruption: Intervention by the Republic of South Africa at the Tenth Session of the Conference of the Parties to the United Nations Convention Against Corruption, Agenda Item 5: Asset Recovery, 11 – 15 December 2023, Atlanta, United States of America
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Mr President;
Distinguished Delegates;
South Africa joins other States Parties in underscoring the importance of ensuring the effective implementation of the asset recovery mandate as encapsulated in Chapter V of the United Nations Convention against Corruption and reiterates its commitment to extending the widest possible measure of international cooperation towards the return of stolen assets to the country of origin.
As delegations may be aware, the return of assets to their country of origin is a fundamental principle of the United Nations Convention against Corruption requiring enhanced regional and international cooperation amongst States Parties. South Africa calls for the removal of all legal and operational barriers hindering international cooperation and the standardisation of mutual legal assistance frameworks.
Mr President,
South Africa holds the view that the imposition of conditions on returned stolen assets constitutes major interference with domestic priorities of the requesting country. In this regard, my delegation calls for the unconditional return of all stolen assets to their countries of origin.
Mr. President,
Since the last COSP in 2021, South Africa has engaged in various initiatives to prevent and combat corruption, including undertaking legislative reforms in areas such as public procurement, beneficial ownership, and money laundering pursuant to the National Anti-Corruption Strategy. As part of the anti-corruption initiatives, various laws were amended mandating companies, including non-governmental organisations, to disclose their Beneficial Ownership data. Changes were also affected to the Government Central Supplier Database (CSD), to reflect ownership of companies intending to conduct business with the State. To this end, my delegation looks forward to the fruitful deliberation of the resolution tabled by Nigeria on “Enhancing transparency and use of beneficial ownership information to strengthen asset recovery”.
Mr President,
My Government notes with appreciation the progress made by the International Criminal Police Organization (INTERPOL), Stolen Asset Recovery (StAR) Initiative, in facilitating, amongst others, the detection, confiscation, preservation, and ultimate return of stolen assets to their country of origin. Equally, South Africa expresses its sincere appreciation to the Regional Office of the United Nations’ Office on Drugs and Crime for the work done under the Asset Recovery Inter-Agency Network for Southern Africa, (ARINSA) to eliminate all safe havens in the region.
The above is complemented by, amongst others, the effective implementation of the Financial Intelligence Centre Act in the area of identification of proceeds of crime and other unlawful activities with a view to combating money laundering and deprive criminal of the proceeds of illicit activities, pursuant to Chapter 4, Article 53 of the Convention.
Mr President,
Allow me to inform Conference that, as of 31 October 2023, freezing orders to the value of approximately $750 million were granted to South Africa’s Asset Forfeiture Unit. A total of approximately $94 million has been recovered by the AFU and returned to the affected entities or paid into the Criminal Assets Recovery Account (CARA).
Mr President,
There is consensus amongst Member States that corruption deprives states of the much-needed resources to improve the socio-economic wellbeing of society at large, erode Constitutional values and undermines the rule of law.
In conclusion, Mr President, South Africa joins the calls supporting the timely organisation of the Special Session of the Conference of the States parties to the Convention on all aspects of the Asset Recovery and Return Process. This critical Special Session will assist State parties in considering all options available under the Convention, including exploring possible areas for improvement to our international asset recovery framework. Corruption and illicit financial flows must not pay.
I thank you.
