Lesotho’s Fight Against Serious Crime: Strengthening Collaboration and Capacity
The implementation of the Money Laundering Prevention Commission (MLPC) Bill is a crucial step towards enhancing Lesotho’s response to serious crime, including money laundering and terrorist financing. The bill introduces new institutions, offences, and procedures aimed at confiscating and forfeiting the proceeds of crime.
Effective Combating of Serious Crime
To effectively combat these crimes, it is essential that public sector stakeholders work together seamlessly. Therefore, the establishment of structures that facilitate communication among relevant role-players is strongly recommended by experts.
Investigative Authorities: A Key Component
Law enforcement agencies in Lesotho play a vital role in investigating and prosecuting serious crimes. The Lesotho Mounted Police Service (LMPS) has the power to:
- Access records through search warrants
- Utilize covert investigation techniques
- Compel financial institutions to produce bank account records and other relevant documents
However, there is currently a shortage of skills among investigators to tackle more complex financial crimes. This shortage reflects in the outsourcing of detailed accounting investigations to private companies. Therefore, it is essential that Lesotho invests in building capacity and expertise among its investigative agencies.
The Role of the AML Authority
The MLPC Bill establishes the Anti-Money Laundering Authority (AMLA), which will be responsible for preventing, investigating, and prosecuting money laundering and terrorist financing offences. However, concerns have been raised about the lack of clarity in the bill regarding the powers and functions of AMLA.
Experts recommend that the bill should:
- Clearly identify the law enforcement agency responsible for investigating these crimes
- Ensure accountability and adequate attention is given to this function
- Frame the powers and functions of AMLA in a way that ensures effective collaboration among relevant stakeholders
Conclusion
The implementation of the MLPC Bill presents an opportunity for Lesotho to strengthen its response to serious crime and enhance international cooperation. However, it requires a collaborative effort among public sector stakeholders, investment in building capacity and expertise among investigative agencies, and clear identification of the law enforcement agency responsible for investigating money laundering and terrorist financing offences.
By addressing these concerns, Lesotho can effectively combat these crimes and protect its financial system from abuse.