Financial Crime World

Lessons Learned: Development of an Action Plan for Implementation

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In a bid to strengthen its efforts against corruption, the government of Lesotho has identified several key takeaways from its review of international cooperation mechanisms.

Capacity-Building and Good Practices

Central Authority for International Cooperation

  • The country’s Attorney General serves as the central authority for international cooperation.
  • Bilateral treaties with South Africa and China provide a legal basis for extradition and mutual legal assistance.
  • The Fugitive Offenders Act of 1967 and the Penal Code govern extradition procedures in Lesotho.

Model Legislation

International Agreements and Schemes

  • Lesotho subscribes to the Commonwealth Schemes on Mutual Legal Assistance (Harare Scheme) and Extradition (London Scheme).
  • The country has no stand-alone law on mutual legal assistance, but relies on bilateral and multilateral treaties.
  • A proposal for an MLA law is underway.

International Cooperation Challenges

Limitations and Gaps in Lesotho’s Practice

  • Lesotho’s practice of providing mutual legal assistance and extradition in corruption cases is hampered by:
    • A small number of incoming requests
    • Lack of data on refused requests
    • Absence of a system for collecting data
  • Limited experience in transferring sentenced persons or criminal proceedings
  • No significant challenge posed by bank secrecy

Action Plan Recommendations

Improving Lesotho’s Capacity and Practice

  1. Develop a comprehensive system for collecting and storing data on international cooperation requests and responses.
  2. Strengthen capacity-building efforts by providing training on mutual legal assistance and extradition procedures.
  3. Finalize the proposal for an MLA law to provide a clearer legal framework for international cooperation.
  4. Establish agreements or arrangements with other countries for the transfer of sentenced persons and criminal proceedings.
  5. Enhance communication and direct cooperation between law enforcement agencies to combat corruption-related offenses.

By implementing these recommendations, Lesotho can strengthen its efforts against corruption and improve its capacity for international cooperation in this area.