05 Jul 2022

Confiscation of proceeds of crime is an important tool in the armory of weapons to fight organised crime. 

Explaining the mandate of the Office of the Receiver during the Southern District Full Council, assistant receiver in the Ministry of Justice, Mr Ishmael Molobe said in an effort to prevent crime and assure that it does not pay, the Office of the Receiver remains steadfast in ensuring that Botswana is not a haven for criminals. 

He said the office had confiscated houses, plots, cash, cars and other property and assets perceived to be the proceeds of crime, which exercise, he described as heart-breaking.

“We have realised that some innocent people, especially parents of those involved in crimes, usually suffer when their property is seized,” said Mr Molobe.

As such he urged the councillors to dissuade the electorate from enriching themselves through proceeds of crime.

He cited instances where plots belonging to unsuspecting parents were seized by the office after they were developed by children through funds suspected to be proceeds of crime.

He, therefore, advised individuals to shun benefiting from funds they were not sure of their origin.

Any person who has received a receiving order shall hand over control or possession to the receiver, Mr Molobe said.

“Our duty is to address the concerns of the enormous criminal wealth generated most notably by various forms of trafficking offences, which risk destabilising financial systems and corrupt a legitimate society,” he said.

Mr Molobe said that the practice distorted business decisions, increased risk of bank failures, took the control of economic policy away from government, thus harming the country’s reputation and exposing people to drug smuggling and other activities.

He said the role of the Office of the Receiver was to receive and manage those seized assets.

“Our primary responsibility is to preserve and maintain property, assets and monies seized and confiscated as proceeds of crime. 

The office facilitates effective operationalisation of the Proceeds and Instrument Act (Cap:08:03) Laws of Botswana,” he said.

Mr Molobe further stated that in that regard, the receiver did everything that was reasonably necessary for the purpose of preserving the value of property including becoming a party to civil proceedings affecting the property.

“If property consists of shares in a company, the receiver exercises rights over such shares to the exclusion of the registered owner,” he said.

For their part, the ouncillors expressed worry over money laundering, which vice they said was rampant in the country.

They said many were not honest about their sources of funds.

The councillors were also concerned about youth who possessed valuable assets yet had never worked at any point in their lives.

They pleaded that the office should not only target ordinary people, but also focus on prominent members of the society as they were the ones most likely to be involved in issues of money laundering.

The councillors also advised that the office should introspect and figure out what it was they were doing wrong to lose so many cases. Ends