Question NW1115 to the Minister of Finance
14 June 2017 - NW1115
Maynier, Mr D to ask the Minister of Finance
(a) What number of cases relating to the Prevention and Combating of Corrupt Activities Act, Act 12 of 2004, as amended, have been referred to the SA Police Service by the Financial Intelligence Centre for further investigation since the specified Act was assented to and (b) what number of the specified cases have (i) been investigated and (ii) resulted in a conviction in (aa) total and (bb) each specified financial year since 2004?
Reply:
The FIC refers information in its possession for investigation to law enforcement agencies pursuant to its primary objectives and functions as defined in section 3 and 4 of the Financial Intelligence Centre Act 38 of 2001, as amended, with the aim of identifying proceeds of crime, combatting money laundering and the financing of terrorism.
The FIC does not refer cases of acts of criminality for investigation. Rather in terms of Section 40 of the Act, it refers packages of transactional and other information that present indicators of suspected criminality to be investigated by the competent authorities. It is for these authorities to determine if the transactions are indeed proceeds of crime, or may be associated with an unlawful predicate offence.
The FIC has recorded the information sought from 2012 onwards and which is set out below.
(a) Between 1 April 2012 till 31 March 2017 the FIC referred 87 matters for investigation by the competent authorities for them to determine if the transactions reported are proceeds of crime or connected to an unlawful predicate offence involving acts of corruption as defined by the Prevention and Combating of Corrupt Activities Act, Act 12 of 2004 (PRECCA) legislation.
The FIC made the following referrals related to suspected acts of corruption and for which statistics have been kept in the financial years:
2012/2013: 9
2013/2014: 8
2014/2015: 6
2015/2016: 40
2016/2017: 24
Total: 87 referrals.
(b) The FIC does not have information available regarding which of these matters have been investigated by the competent authorities or have resulted in a conviction.