Lesotho
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Southern Africa’s fight against corruption needs Collective Action
A high-level meeting of heads of anti-corruption agencies in the Southern African Development Community SADC last month was a chance to take stock of member countries’ efforts to tackle corruption. The meeting allowed for a reflection on many ongoing activities and discussions around Collective Action in the region this year. It was the perfect opportunity to reflect on how to galvanise joint efforts against the region’s biggest scourge. Speaking to delegates, Scarlet Wannenwetsch, Collective Action Specialist, highlighted the underused capacity of the private sector. Businesses are full of dynamism and talent, both of which are critical in fighting corruption and other transnational crimes. To harness the private sector’s potential, she emphasised the importance of building trust by fostering regional multi-stakeholder networks. Bringing together anti-corruption champions from the public sector, private sector and civil society helps to create “good” networks – ones powerful enough to fight the corrupt networks that are holding back development in the region. Appetite for engagement The Basel Institute has been a long-standing partner of the SADC Secretariat through the work of the Private Sector team. Our team has been impressed by the level of innovation in the region. Some feature in a publication capturing good practices that was created by, with and for anti-corruption agencies in Africa. We have also been training SADC corruption prevention officers on how to engage with the private sector through Collective Action approaches. Our partners consistently express a desire for more opportunities to engage and exchange with other stakeholders. They realise that no one group can tackle corruption alone. Working towards building a community of practice To sow the seeds for such a regional multi-stakeholder network, we launched the first Southern African Anti-Corruption Collective Action Forum earlier this year in collaboration with the Southern African Anti-Corruption Network SAACoN and The Ethics Institute. The event brought together participants from the private sector, civil society and government institutions to discuss concrete opportunities for learning and collaboration. For many, it was the first time they had met at the regional level. The event was also a chance to celebrate progress. CoST Uganda won our Southern Africa Anti-Corruption Collective Action Award for its outstanding achievements in tackling corruption and raising business integrity in the region. What’s next? In order to build on the momentum of the Forum and on the energy of the SADC region’s anti-corruption leaders, it is crucial that member states continue to prioritise collaboration and Collective Action. Government anti-corruption agencies needs close, sustained collaboration with the private sector and civil society if they want to develop a more inclusive strategy to prevent corruption – and if they want that strategy to actually work in practice. That applies not only at the country and sector level, but at the regional level too. And that’s what Collective Action can bring. We look forward to continuing our fruitful collaboration with the SADC Secretariat and wider partners to support anti-corruption Collective Action in the region. Learn more about our work on the B20 Collective Action Hub and find inspiration in its global database of initiatives.
Ten-country Advanced Operational Analysis training offers chance to reflect on the effectiveness of AML systems
Twenty anti-corruption investigators and financial intelligence analysts from 10 African countries completed an intensive Advanced Operational Analysis course last week hosted by the Commonwealth Africa Anti-Corruption Centre CAACC . Delivered online by our International Centre for Asset Recovery ICAR training team, the workshop blended eLearning modules with live video sessions in which the participants worked together to solve a simulated corruption case. Enhancing mutual understanding The participants came from anti-corruption agencies and Financial Intelligence Units FIUs in Botswana, South Africa, Nigeria, Sierra Leone, Kenya, Namibia, Mauritius, Zambia and Lesotho. As usual in ICAR training programmes, the multi-agency approach helped participants to better understand each other’s needs and roles. FIU analysts were encouraged to tailor their intelligence products to the needs of investigators in law enforcement agencies. In turn, investigators learnt how an FIU operates by taking the Operational Analysis eLearning module and solving the simulated case. By the end of the week, participants fully understood the value of breaking silos down, of exchanging information and coordinating their actions, nationally and regionally. Reflecting on FATF mutual evaluations The training was also an opportunity for the participants to reflect on the lessons learnt from the recent Financial Action Task Force FATF evaluations of Mauritius, Zambia and Botswana. These three countries have undergone an FATF fourth-round evaluation, which covers the effectiveness of national systems to combat money laundering and terrorist financing and not merely technical compliance with FATF Recommendations. The Basel AML Index, which assesses the risk of money laundering and terrorist financing around the world, has consistently noted that countries typically fall down the rankings when assessed with the new methodology. The participants together looked at ways to enhance effectiveness in the use of financial intelligence for money laundering investigations, as well as in investigations, prosecutions and the confiscation of assets. Impact and collaboration This impact-driven training aimed to provide participants with skills that are directly applicable in their daily work. We were happy to receive participants’ comments including “it touched on similarities of the case I am currently investigating” and “the financial analysis will improve the presentation of my case”. One participant commented that the training will “help me in investigating suspicious transaction reports that I recently received”. The Basel Institute has a long-standing relationship with the Botswana-based CAACC and has conducted previous workshops in 2017 and 2020. See our article about the 2020 workshop on Financial Investigations and Asset Recovery for more information about the CAACC and our fruitful collaboration. ICAR training in multiple languages To find out more about ICAR training programmes, please download our latest brochure in English, Spanish, French or Portuguese: English: Training programmes – Financial investigations and asset recovery Español: Programas de capacitación – Investigaciones financieras y recuperación de activos Français : Programmes de formation – Enquêtes financières et recouvrement d’avoirs Português: Programas de formação – Investigações financeiras e recuperação de activos
Regional training workshop for the Commonwealth Africa Anti-Corruption Centre
A regional training workshop for the Commonwealth Africa Anti-Corruption Centre has highlighted the importance of cross-border co-operation in solving corruption and asset recovery cases. During August 2017, experts from the International Centre for Asset Recovery ICAR conducted a regional training workshop in Botswana in collaboration with the Commonwealth Africa Anti-Corruption Centre CAACC for 35 investigators and legal officers of Anti-Corruption Agencies in eight Commonwealth African countries: Botswana, Ghana, Lesotho, Kenya, Mauritius, Swaziland, Tanzania and Zambia. The regional training initiative was co-financed by the African Development Bank, CAACC and the Basel Institute on Governance. The workshop aimed at providing a platform for inter-agency networking across regional borders as participants were divided into seven groups and encouraged to interact with one another in the interest of improving regional co-ordination and co-operation. Judge Lot Moroka of Botswana attended the final day of the workshop when the participants presented their findings in respect of the simulated financial investigation, which they were required to “investigate”. During his subsequent presentation on a “ Regional perspective of the problems and challenges posed by the investigation and prosecution of corruption cases ”, he also commented on these presentations, reinforcing the importance of addressing the elements of the offences charged. He congratulated the ICAR experts on the manner in which they had facilitated the training as it clearly allowed the participants to match relevant evidence to the elements. Corruption cases are lost because there is a failure at a procedural level to follow rules of evidence and procedure, and, at a substantive evidentiary level, to provide adequate evidence to prove guilt beyond a reasonable doubt.
ICAR conducts joint workshop for prosecutors and investigators on proceeds of crime and money laundering in Lesotho
From 27 to 31 October 2014, the Asset Recovery Inter-Agency Network of South Africa ARINSA , the Financial Intelligence Unit of Lesotho and the International Center of Asset Recovery ICAR conducted a joint Workshop for Prosecutors and Investigators on Proceeds of Crime and Money Laundering in Tayetayeneng, Lesotho. The workshop programme was designed to raise awareness of proceeds of crime and money laundering, incorporating practical training sessions on a number of relevant topics. These included applying search warrants to obtain financial documents; preparing production orders, restraining orders and requests for mutual legal assistance; drafting indictments in money laundering cases, as well as developing legal arguments for the preparation of criminal and civil forfeiture/confiscation orders and effecting their enforcement. Some 60 participants from a number of government agencies of Lesotho attended the training workshop.
Publications
Engaging the private sector in Collective Action against corruption: A practical guide for anti-corruption agencies in Africa
This guidance seeks to capture and explore the innovative approaches that African governments have developed to address the demand and supply sides of corruption more effectively and sustainably. It is designed to help government institutions, in particular national anti-corruption agencies, engage with the private sector more effectively to prevent corruption.
The document highlights good practices identified through interviews, desk research and a 2021 Southern African Development Community (SADC) training on “Emerging anti-corruption issues and private-sector engagement for SADC anti-corruption agencies”.
Africa offers many examples of innovative, unique and context-sensitive approaches to engage the private sector in anti-corruption efforts. Ghana’s National Anti-Corruption Action Plan, for instance, offers an award scheme and is looking into providing tax benefits to companies that enforce anti-corruption measures and demonstrate leadership in the fight against corruption. Other agencies and governments in the region, such as Morocco, are currently discussing implementing a reward system for compliant companies that can be considered when companies bid for public tenders.
These examples demonstrate how African governments proactively seek to tackle corruption and collaborate with the private sector.
From the initiatives captured, three common strategic approaches can be identified to underpin effective and impactful engagement:
- Raising awareness, guiding and working with the private sector to more effectively address corruption risks.
- Identifying and providing incentives to companies investing in their compliance programmes.
- Demonstrating leadership by actively participating in Collective Action and public-private partnerships.
This document is a follow-up of a practical global guide published in July 2022 and was produced with the support of the Siemens Integrity Initiative.
It is freely shareable under a Creative Commons CC BY-NC-ND 4.0 licence. Please credit the Basel Institute on Governance.