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Lesotho’s Fight Against Money Laundering: Key Agencies and Institutions

As Lesotho strengthens its response to serious crime, creating new institutions and regulations under the Money Laundering Prevention Commission (MLPC) Bill is crucial. Effective implementation of these measures requires a collaborative effort among public sector stakeholders, including law enforcement agencies.

Investigative Authorities: A Key Component in the Fight Against Money Laundering

Lesotho’s law enforcement landscape comprises several agencies:

  • Directorate on Corruption and Economic Offences (DCEO)
  • National Security Services
  • Military Intelligence
  • Lesotho Mounted Police Service (LMPS)

The LMPS has the authority to employ various techniques to access records during investigations, including serving search warrants under section 46 of the Criminal Procedure and Evidence Act.

Current Challenges

Lesotho currently lacks laws allowing for criminal confiscation of money laundering (ML) and terrorist financing (TF) proceeds. While there have been confiscations under existing laws, statistics on success rates are unavailable. The DCEO, which will house the Anti-Money Laundering Authority (AMLA), has a limited knowledge of ML investigations but possesses basic investigative skills.

The Role of the AMLA

The MLPC Bill establishes the AMLA to prevent, investigate, and prosecute ML and TF offenses. With responsibility for preventing and investigating these crimes, the AMLA will be housed in the DCEO, which has a limited capacity to undertake complex financial crime investigations.

Recommendations

To ensure effective law enforcement and investigation of ML and TF offenses:

  • Clearly identify the primary task(s) of investigating these crimes in the MLPC Bill.
  • Carefully consider the framing of the AMLA’s functions and powers to avoid confusion with other investigating authorities.
  • Address the skills shortage within the DCEO to enable them to undertake complex financial crime investigations.

Collaboration and Accountability

The clear identification of law enforcement agencies responsible for investigating ML and TF offenses will ensure that this function receives adequate attention and accountability for its performance. The MLPC Bill should provide a framework for collaboration among relevant agencies, ensuring that the fight against money laundering is a collective effort.

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