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

Author

Listed:
  • Jacqui-Lyn McIntyre
  • Duane Aslett
  • Nico Buitendag

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.

Suggested Citation

  • Jacqui-Lyn McIntyre & Duane Aslett & Nico Buitendag, 2022. "Implementing unexplained wealth orders in South Africa – what are the options?," Journal of Money Laundering Control, Emerald Group Publishing Limited, vol. 26(7), pages 85-98, December.
    • Handle: RePEc:eme:jmlcpp:jmlc-09-2022-0140
    DOI: 10.1108/JMLC-09-2022-0140
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