Page 77 - IRMSA Risk Report 2023
P. 77

According to meridian.org, “illicit economy, whether  Government  needs  to  be  at  the  forefront,  with  a
 Illicit trade is thriving because of its links to organised crime, which has become more   in  the  form  of  human  trafficking,  arms  smuggling,  strong political will to stamp out illicit activities and
 sophisticated over the years, making it even more difficult for the already stretched law   counterfeiting, money laundering, cybercrime,  corruption. More resources need to be provided to
 enforcement agencies to bring perpetrators to justice.
 Already  stretched  law  or  illegal  wildlife  trade,  is  a  force  stealing  stability  government departments to enable them to operate
 enforcement agencies unable   Intensified collaborative efforts and the use of a multi-stakeholder approach between   from communities, causing corruption, impacting  efficiently  and  eliminate  kickbacks  in  the  system.
 the relevant government departments, agencies, law enforcement, business and
 to  respond  to  infringements   communities would improve the situation.  national  security, and  destabilising  the lives  of so  Infrastructure and equipment also require consistent
 and the enforcement of rules   In addition, the capacity of the state to lead these efforts should receive priority through   many around the globe”. SARS recommends that  maintenance to keep them functioning at optimum
 against illicit trade.  every South African help stem the growth of illicit  capacity, this to curb corruption and illegal activities
 the appointment of skilled personnel and the appropriation of budgets that enable
 the implementation of effective measures to prevent, detect and effectively prosecute   economic activities by refusing to buy counterfeit  through lack of monitoring during downtime.
 these crimes.  goods or contraband cigarettes; reporting poaching
             incidents to SARS, the police and the Department of  Appropriate  staffing  with  individuals  who  are  well
             Environmental Affairs; and reporting informal trade  skilled and committed to curbing criminal activities
 The successful prosecution of offenders is often a challenge due to, amongst other
 Lack of investment in digital   reasons, the  courts or legal system processing large volumes of cases. There is often   in precious stones such as diamonds to SARS and  is necessary for progress. In addition, zero tolerance
 infrastructure  required  to  a backlog that dates back years, impacting the ability to timeously process cases and   the police.   for illegal activities would see punitive sentences on
 support  digital  services                                   individuals and entities involved in illicit activities,
 and lower costs of access   secure deterrent sentences. The government needs to prioritise clearing the court-  While SARS has made above-budget revenue  thereby deterring would-be perpetrators.
 (communications  networks,  system backlog, to ensure that offending parties are timeously brought to book.   recoveries from illicit economic  activities, there
 Further, the rehabilitation and reintegration of past offenders to prevent a return to
 data centres, security centres).
 illegal activities is necessary.  is still a lot that is going unhindered, such as: the  Related to this, there is a need for relevant
             scrap-metal industry; illegal mining; border-post  legislation that supports a strong stance, which is
             crime syndicates; the healthcare system; Eskom; the  enforced through relevant government departments
 Illicit activities tend to be penetrative and impact the fibre of society. It is a concern that   theft of resources such as cable and coal; local and  including the security forces and the legal system.
 A lack of public education and   there are no formal measures in place to educate civil society on the impact of the illicit
 awareness as to the negative   national government tenders; home affairs; and the  The  financial  sector  requires  better  transaction
 impact  of  illicit  activities  economy, both through formal and informal education systems. Civic organisations   transport system, among others.  monitoring  to  identify  financial  flows  from  illegal
 impacting  the  moral  fibre  of   and professional bodies should assist with providing material and platforms to create   activities and corruption.
 awareness and provide an introduction of material on the dangers of the illicit economy
 society.    The rationale for developing and implementing the
 through the formal education system.
             Integrated Social Crime Prevention Strategy (ISCPS)  Food scarcity in the country, as well as the available
             is to enable government departments to respond to  arable land, presents an opportunity for individuals
 Corruption combined with weak capacity and vested interest neutralises the political   crime-related issues in a coordinated and focused  reforming from illicit activities to be given an
 will to decisively address this risk. Instead, corruption has undermined the state’s   manner, specifically looking at issues causing crime.  opportunity to acquire much-needed farming skills
 Continued endemic corruption
 undermining  the  activities  of   capacity  and  provided  criminal  elements  with  power  and  influence  over  the  very   The ISCPS has put together various frameworks for  so that they have a new and legal source of income
 the institutions which are trying   institutions meant to combat it. Decisive action should be taken in implementing and   troubled sectors. It has executed investigations (with  through farming.
 following through the recommendations of the State Capture Report to investigate
 to curb illicit trade.  some still in progress) and defined several response
 and prosecute perpetrators of systemic corruption. This should serve as a deterrent to   strategies  to  fight  the  illicit  economy.  Professional  It is only through collective efforts with the public
 would-be perpetrators.
             bodies and civic organisations can assist in driving  and private sectors, together with civil society, that
             awareness on illegal  economic activities.  The  we will have a chance to effectively implement
 At  the  end  of  2022,  the  Financial  Action  Task  Force  (FATF)  placed  South  Africa  on   education system needs to incorporate lessons on  global solutions to combat the interconnected illicit
 the so-called grey list. This was a necessary step for the country to tighten up the   various types of illicit trades and how the public can  economies.
 financial system to protect against money laundering and the financing of terrorism and   prevent, as well as report, such activities.
 weapons of mass destruction in line with FATF’s standards. At the end of November
 2022, Schedule 1 of the Financial Intelligence Centre Act (FICA, 2001) was amended to
 Inadequate  transaction  add several new categories of accountable institutions for compliance with FICA with
 monitoring  in  the  financial   significant penalties, including imprisonment for a period not exceeding 15 years or a
 sector.  fine not exceeding R100-million.
 The Financial Intelligence Centre will be monitoring the new accountable institutions,
 to ensure compliance,  get South Africa off the grey list as soon as possible and reduce
 illicit financial transactions.







              IRMSA RISK REPORT 2023/24                                                                   77
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