Implementing unexplained wealth orders in South Africa – what are the options?

Jacqui-Lyn McIntyre, Duane Aslett and Nico Buitendag

Journal of Money Laundering Control, 2022, vol. 26, issue 7, 85-98

Abstract: Purpose - This paper aims to focus on the use of unexplained wealth orders (UWOs) in South Africa as a civil method to act upon lifestyle audit results that have indicated wealth from unknown, possibly unlawful, sources. Design/methodology/approach - This paper applied a comparative methodology. Legislation and the application of UWOs in Ireland, the UK and Australia were compared with the situation in South Africa. Findings - It is proposed that South Africa includes UWO legislation within its Prevention of Organised Crime Act or be established as a separate piece of legislation. Also, South Africa should follow both the civil and criminal route to target the proceeds of crime. Originality/value - Corruption in South Africa is rampant and, without the necessary legislation, impossible to fight. For these purposes, this paper proposes measures to be used from a civil forfeiture perspective.

Keywords: Corruption; Civil confiscation; Criminal wealth; Illicit enrichment; Non-conviction-based asset forfeiture; Unexplained wealth orders (search for similar items in EconPapers)
Date: 2022
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Citations: View citations in EconPapers (1)

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Persistent link: https://EconPapers.repec.org/RePEc:eme:jmlcpp:jmlc-09-2022-0140

DOI: 10.1108/JMLC-09-2022-0140

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