Exploring South Africa’s capacity to criminalise illicit enrichment

Jacqui-Lyn McIntyre, Duane Aslett and Nico Buitendag

Journal of Financial Crime, 2024, vol. 32, issue 2, 499-512

Abstract: Purpose - Illicit enrichment refers to the unjustified increase in the assets of a public official. Criminalisation of illicit enrichment is required under Article 20 of the United Nations Convention Against Corruption, and as a State Party, South Africa is thus expected to deal effectively with illicit enrichment as an offence. This paper aims to address different approaches of various jurisdictions to deal with illicit enrichment and discusses the elements of the crime, drawing on a South African perspective, to determine how illicit enrichment can be criminalised in South Africa. Design/methodology/approach - The research methodology used was a critical analysis of the definition and elements of the crime, as well as the global action taken to implement this offence. A comparative analysis was used to compare international frameworks with those of South Africa to conclude on the practicality and challenges of introducing the offence of illicit enrichment. Findings - It was found that an element of the crime, in particular the lack of justification, has been a primary point of criticism, as it is claimed that illicit enrichment laws reverse the burden of proof when an accused is required to prove the legitimacy of his or her assets. However, this issue is not insurmountable in the South African context, and the paper concludes that the criminalisation of illicit enrichment is possible, as South Africa possesses the necessary legislation and case law to support such measure. Originality/value - This paper contributes to the scholarly research on criminalising illicit enrichment in South Africa.

Keywords: Corruption; Illicit enrichment; Lifestyle audits; Public official; Wealth (search for similar items in EconPapers)
Date: 2024
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Persistent link: https://EconPapers.repec.org/RePEc:eme:jfcpps:jfc-06-2024-0170

DOI: 10.1108/JFC-06-2024-0170

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