INTRODUCTION

The report discusses the international perspective, how Lesotho has strengthened its laws in relation to asset forfeiture and corruption prevention, the achievement and challenges.

 

BACKGOUND

Asset forfeiture is a relatively new and innovative way of fighting crime through civil litigation.1 It is a very recent field of international anti-corruption activity.2 It involves an efficient and effective criminal justice system, sound preventive policies and transparent financial regulation.3

In Lesotho, asset forfeiture is a totally novelOur first legislation to embosom the rudiments of asset forfeiture is the Criminal Procedure and Evidence Act.4 However the Act provides only for conviction based forfeiture.5It was only in 2008 when Lesotho promulgated the law extending even to non-conviction based forfeiture. By the law we showed commitment by giving effect to international obligations. This was an important step in response to international community demand to put in place necessary mechanisms towards tackling corruption by stripping of ill-gotten gains from criminals.

 Asset forfeiture denotes recovery these words are used interchangeably. It refers to the process by which the proceeds of crime are identified, traced, seized, confiscated or [or forfeited] and returned to their rightful owners (which may include states, state owned enterprises as well as private individuals or private legal entities). Read More