ARINSA 15th Anniversary AGM: A huge Milestone in Regional Collaboration Against Financial Crimes

Kasane, Botswana, 4-6 December 2024 – The United Nations Office on Drugs and Crime (UNODC) in partnership with the Presidency of the Asset Recovery Inter-Agency Network for Southern Africa (ARINSA) hosted the historic 15^th anniversary Annual General Meeting (AGM) of ARINSA under the theme, “Promoting Development through Asset Recovery: Strengthening Regional Cooperation in Southern Africa”.

ARINSA, marking 15 years of combat against crime, convened representatives from 17 member countries^{^[1]}, development partners, and international organizations to strengthen regional cooperation in combating financial crimes, money laundering, and asset recovery capabilities, highlighting progress made and exploring innovative strategies.

Ms. Lindy Muzila, Regional GPML Project Coordinator for (UNODC), Regional Office for Southern Africa (ROSAF) in her opening address on behalf of the Global Programme Against Money Laundering (GPML), offered valuable insights on enhancing regional cooperation and streamlining asset recovery processes. She emphasized the importance of standardized procedures, efficient communication, and capacity building among member states. Her

<p><span style="color: #888888;"><em>João Conde Correia of Portugal discusses the challenges of lengthy litigation and the importance of persistence in non-conviction-based forfeiture at the ARINSA AGM 2024.</em></span></p>

João Conde Correia of Portugal discusses the challenges of lengthy litigation and the importance of persistence in non-conviction-based forfeiture at the ARINSA AGM 2024.

Chobe District Council Secretary Joseph Segopa emphasized the role of prosecutors in regional security and cooperation, highlighting the success of ARINSA in combating financial crimes and the need to protect Kasane's biodiversity-rich environment, expressing gratitude to UNODC for the venue.

Jane Marie Ongolo, UNODC ROSAF Regional Representative, underscored ARINSA’s remarkable growth from 6 member countries to 17 over the past 15 years and highlighted the network’s achievements, stating: “ARINSA has experienced significant growth, from two dedicated asset forfeiture units in 2009 to 16 by 2024, now with over six centralized and decentralized asset management offices and at least 14 asset forfeiture funds for asset disbursement. The success of ARINSA can be attributed to the support of development partners like the US State Department, German Government, and UK's Foreign, Commonwealth & Development Office, who have generously contributed funding to its activities."

ARINSA President, Chris Mutangadura, announced the successful recovery of USD 14 billion across 3,800 cases, thanks to international collaboration, knowledge sharing, and transparency.

He also highlighted some of the challenges that have persisted over the years, stating: “The underutilization of civil forfeiture mechanisms, delays in criminal due process, and the transfer of illicit funds to foreign jurisdictions are obstacles we must overcome. ARINSA's commitment to addressing these challenges remains unwavering, as does our dedication to capacity-building, legislative reform, and fostering international partnerships.”

<p><span style="color: #888888;"><em>Delegates from ARINSA member countries, development partners, and international organizations pose together, symbolizing unity and collaboration in the fight against financial crimes.</em></span></p>

Delegates from ARINSA member countries, development partners, and international organizations pose together, symbolizing unity and collaboration in the fight against financial crimes.

<span style="color: #888888;"><em>Gilbert Phiri, Director of Public Prosecutions of Zambia and first President of the SAHOP forum, signs the Kasane Declaration, signifying the dedication of Southern Africa's prosecution heads to achieving the forum's objectives.</em></span>

Gilbert Phiri, Director of Public Prosecutions of Zambia and first President of the SAHOP forum, signs the Kasane Declaration, signifying the dedication of Southern Africa's prosecution heads to achieving the forum's objectives.

Gilbert Phiri, Zambia's Director of Public Prosecutions, praised ARINSA's 15-year progress, highlighting its impact on economic growth and justice system integrity. He emphasized SAHOP's coordinated response to organized crime and mutual legal assistance. Noting the significance of hosting the first ever in person gathering of SAHOP alongside the ARINSA AGM he stated: “These meetings are undoubtedly a result of our shared commitment to combatting illicit financial flows and ensuring that crime does not pay by taking the proceeds out of crime and returning ill-gotten gains to their rightful owners, fostering justice, and enhancing development in our region.”

Several member countries shared their achievements and challenges in asset recovery. Ms. Lomumvula Hlope the Director of Public Prosecutions of Eswatini reported that since the establishment of the Asset Forfeiture Office in 2018, they had handled 120 cases and issued 63 forfeiture orders. The office, staffed by seven specialized prosecutors, continues to build capacity despite challenges in asset management. Advocate Martha Imaalwa, Prosecutor General of Namibia highlighted her country’s success in managing 118 non-conviction-based cases, resulting in the confiscation of 160 million Namibian dollars. She noted Namibia's amendments to the Proceeds of Crime Act and the expansion of their asset recovery unit, now comprising 80 lawyers.

<p><span style="color: #888888;"><em>Heads of Public Prosecutions engage in important discussions, shaping strategies for effective prosecution, mutual legal assistance, and regional cooperation in asset recovery.</em></span></p>

Heads of Public Prosecutions engage in important discussions, shaping strategies for effective prosecution, mutual legal assistance, and regional cooperation in asset recovery.

Advocate Shamila Batohi National Director of Public Prosecutions of South Africa detailed the seizure of assets worth ZAR 30.5 billion and emphasized the need for thorough investigations, noting language barriers as a challenge. Margaret Kapambwe-Chitundu from Zambia highlighted the establishment of Economic Crime Courts, which ensure expedited case resolution within five months. Zambia had successfully forfeited assets worth over 5 million kwachas and properties linked to the former president’s family and assets related to wildlife crimes. Mr. Pirirani Masanjala from Malawi recounted Malawi's progress since joining ARINSA in 2018, including their first conviction-based forfeiture in 2020 and the establishment of a Recovery Asset Forfeiture Department.

During the third day, a significant session on Non-Conviction Based Forfeiture was moderated by Manuela Carneiro from UNODC office in Angola. This session included valuable insights from João Conde Correia, Portuguese Public Prosecutor and Annerie Keulder Namibian Legal Practictioner. João Conde Correia emphasized the challenges of lengthy litigation and the importance of persistence in pursuing asset forfeiture cases. Annerie Keulder highlighted issues such as staff retention and constitutional challenges related to forfeiture processes. Their contributions highlighted the complexity of non-conviction-based forfeiture and the need for continuous capacity building and resource support to overcome these obstacles.

ARINSA member countries were recognized for their outstanding contributions in asset recovery and financial crime combat. Zambia was awarded for exceptional communications, Botswana for reliable statistics, Madagascar for highest seizure orders, Angola for significant forfeiture value, and Mozambique for the most money laundering investigations.

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[1] The 17 ARINSA countries include Angola, Botswana, Comoros, Eswatini, Kenya, Lesotho, Malawi, Mauritius, Mozambique, Namibia, Rwanda, Seychelles, South Africa, Tanzania, Uganda, Zambia, and Zimbabwe.