What happens to seized assets? And the money?
What processes are followed to ensure that money returns to the state, etc. Attorney Willie Hofmeyr, former National Prosecuting Authority (NPA) asset forfeiture unit head, sheds light on this. There is the assets forfeiture that is linked to a criminal trial. When somebody is being charged, basically you can freeze all the assets that that person has up to the value of the total alleged crime that is committed in anticipation of finally taking away the assets. Willie Hofmeyr, Former National Prosecuting Authority asset forfeiture unit head  Ther is also a second kind of asset forfeiture which we use a lot more often because it doesn't depend on a criminal conviction. Basically, you have to show that the assets are dirty in the sense that they could be proceeds of crime or might have been used to commit a crime. Willie Hofmeyr, Former National Prosecuting Authority asset forfeiture unit head  In that case, it is an action against a thing and not against a person themselves. I think what they've done here is sort of wide-ranging assets forfeiture or asset freezing application. Once the case is finished, where there is a victim of the crime the asset forfeiture unit will always pay the money to that victim. Where there is no victim of the crime, whether it be a drug smuggler, the money goes to a special fund called the criminal assets recovery account. Willie Hofmeyr, Former National Prosecuting Authority asset forfeiture unit head  The money in that account can be used to either compensate victims of crime or to assist law enforcement to build its capacity. The investigative directorate has gotten some of that money from the criminal assets recovery account to employ people on contract, for instance, to be able to boost their capacity. Willie Hofmeyr, Former National Prosecuting Authority asset forfeiture unit head  Listen below for the full interview...