Criminal Justice

Judicial Matters Amendment Bill (2025)

Terrorism financing risk assessment

Historically an area noted as being critically weak in terms of the effective assessment, with a low rating under the Immediate Outcomes (IO.9 and IO.10) ratings.

Judicial Matters Amendment Bill (2023)

In April 2024, the President enacted the Judicial Matters Amendment Bill (2023) into law. The bill aims to modernise and improve the functioning of judicial and related legal frameworks in SA through a series of targeted amendments across multiple laws, including compliance with a Constitutional Court judgment. As a result, the bill amends the principal…

Bank compliance review (per Zondo recommendation)

The Financial Intelligence Centre (FIC) has been actively involved in conducting a comprehensive review of the effectiveness of the current regulatory reporting regime under the FIC Act, focusing specifically on banking compliance with anti-money laundering and counter-terrorism financing measures as recommended by the Zondo Commission. The bank compliance review is intended to ensure that banks…

Establish Standing Appointment and Oversight Committee (Zondo)

The recommendation by the Zondo Commission to establish a Standing Appointment and Oversight Committee relates to improving governance and accountability within SOEs. The committee, that is yet to be established, would provide an independent, transparent and rigorous process for appointing boards and senior executives (such as CEOs and CFOs) in SOEs.

National Anti-Corruption Charter

A National Anti-Corruption Charter as recommended by the Zondo Commission would establish shared principles, ethical standards and a code of conduct aimed at preventing corrupt practices.

Anti state capture and corruption commission

This commission is meant to build on the work of the Zondo Commission by providing a continuous institutional mechanism to investigate, expose and make findings on acts of state capture and corruption, rather than relying on temporary or ad hoc inquiries.

New statutory offence to abuse public office

Responsibility to develop legislation to make it a statutory offence to abuse public office rests with the Department of Justice and Constitutional Development, which is evaluating recommendations on this issue from the South African Law Reform Commission recommendations and reviewing international best practice.

Prevention and Combating of Corrupt Activities Act (PRECCA) reform to strengthen obligation on private sector to prevent corruption

The Zondo Commission recommended that PRECCA be amended to introduce a provision criminalising the failure of persons or entities to prevent bribery. This recommendation has been implemented through the Judicial Matters Amendment Act (Act 15 of 2023), which commenced on 3 April 2024. The Act adds a new section (34A) to PRECCA, creating an offence…

Enhanced whistleblower protection

The Zondo Commission recommended several measures to improve whistleblower protection, including granting whistleblowers criminal and civil immunity in certain cases and establishing an awards system to incentivise disclosures. Government has been working on reforms, including a proposed Whistleblower Protection Amendment Bill.

New deferred prosecution agreement provisions

DPAs enable corporations to avoid criminal conviction by self-reporting misconduct, fully cooperating with authorities, admitting to facts from which criminal liability could be inferred, agreeing to pay fines or other penalties, and committing to corrective measures to prevent future wrongdoing. In exchange, prosecution is deferred and potentially dropped if the corporation complies with the terms…

Judicial full independence/judicial autonomy

Steps are under way to place the judiciary on the path to its full institutional independence. The Judiciary lacks institutional independence as it is still controlled by the Department of Justice and other executive agencies. A task team from the justice department has been given a deadline end of August 2025 to present a progress…

Institutional framework for sanctions

South Africa has applied its institutional framework for sanctions in alignment with the FATF recommendations and has made substantial progress in addressing the strategic deficiencies that led to its grey listing in February 2023. COMPLETE: We stopped tracking this specific reform at end-June 2025 as it is complete and in effect.

Improve risk-based categorisation and supervision

Government has been demonstrating a commitment to enhancing its risk assessment of Designated Non-Financial Businesses and Professionals (DNFBPs) to combat money laundering and terrorist financing effectively. The government has adopted a proactive approach to combating financial crime by continuously improving its understanding of risks within DNFBP sectors and implementing measures to mitigate them effectively. COMPLETE:…

FSCA

Government has adopted the following initiatives to enhance the supervisory capacity for AML/CFT: targeted strengthening of skills and expertise; revisions to the regulatory governing framework, focused supervision with more resources in high-risk sectors and entities; enhanced collaboration between government and industry stakeholders; development and integration of digital tools for monitoring and analysing AML/CFT risks; evaluation…

FIC

The Financial Intelligence Centre Act, 2001 (Act 38 of 2001) empowers the FIC to apply measures designed to identify the proceeds of crime, combat money laundering, terrorist financing and financing of the proliferation of weapons of mass destruction. The FIC functions include: to receive regulatory reports and transaction and other data from accountable institutions and…

Changing law.

Significant work has been done at the legislative level to put in place the required laws to capture beneficial ownership information on both companies and trusts. The relevant authorities – the Companies and Intellectual Property Commission and the Master’s Office of the High Court – have both set up mechanisms to capture this information, though…

SAPS demonstrates increase in requesting information

Historically, the SAPS has been too slow to take on more staff, particularly financial investigators and forensic accountants. Because of this, the SAPS has been ineffective in utilising financial intelligence in money laundering cases. COMPLETE: We stopped tracking this specific reform at end-June 2025 as it is complete and in effect.

SAPS

SAPS’ building of capacity as well as training initiatives are vital to ensure that officers are well-skilled to combat crime. In line with the FATF recommendations at the legislative level, authorities like the FIC, the PBLSA and the National Anti-Corruption Advisory Council (NACAC) have been collaborating on initiatives with government to expand the overall law…

NPA

NPA capacity building and training initiatives are vital to ensure that officers are well-skilled to combat crime. In line with the FATF recommendations at the legislative level, authorities like the FIC, the PBLSA and the National Anti-Corruption Advisory Council (NACAC) have been collaborating on initiatives with government to expand the overall law enforcement agencies. COMPLETE:…

Addressing deficiencies in anti-money laundering (AML) and combating terrorist financing (CFT)

Comprehensive reforms conducted to close gaps in South Africa’s AML/CFT regime, including legislative updates, enhanced supervision, improved investigations/prosecutions, and international cooperation. COMPLETE: We stopped tracking this specific reform at end-June 2025 as it is complete and in effect.

Counter terrorism financing strategy plan

To ensure South Africa has an effective, risk-based, and sustainable national strategy to identify, investigate, prosecute and prevent terrorist financing (TF), in full alignment with FATF standards and South Africa’s risk profile. COMPLETE: We stopped tracking this specific reform at end-June 2025 as it is complete and in effect.

Legal framework for sanctions

South Africa’s legal framework for sanctions primarily involves the implementation and enforcement of targeted financial sanctions, particularly those mandated by United Nations Security Council resolutions under Chapter VII of the UN Charter. These sanctions frameworks are administered through the Financial Intelligence Centre (FIC) as per the Financial Intelligence Centre Act of 2001. This sanctions framework…

Anti-money laundering and combating terrorism finance legislation

The legislation was enacted into law in 2022. The Amendment Act introduces stricter requirements for customer due diligence, record-keeping and suspicious transaction reporting, making compliance mandatory for a wider range of institutions, including DNFBPs and NPOs. The act expands the powers of AML/CFT supervisory authorities such as the Financial Intelligence Centre (FIC), Financial Sector Conduct…

Protection of Constitutional Democracy Against Terrorism and Related Actives Amendment Act

The Protection of Constitutional Democracy against Terrorist and Related Activities Amendment Act 23 of 2022 is also referred to as the counter-terrorism law. It forms part of the successful efforts to get SA off the FAFT’s grey list. This law amended the Protection of Constitutional Democracy against Terrorist and Related Activities Act 2004 to serve…

Proactive response

Risk assessments of South African Mutual Legal Assistance (MLA) are essential for identifying strengths, weaknesses and opportunities for enhancing international cooperation in criminal matters. In terms of the legal framework, this has evolved in recent years with the MLA Criminal Matters Act (MLACMA) forming the foundation for requests and collaboration with international jurisdictions. COMPLETE: We…

FATF Grey Listing Remediation

The FATF confirmed on 13 June 2025 that all 22 action items are complete. On-site assessment by the FATF Africa Joint Group is scheduled before the October 2025 plenary. If sustained implementation and political commitment are confirmed, South Africa is expected to be removed from the grey list in October 2025. Remaining vigilant is critical:…

Cross-border transfers: action taken against unlicensed entities

Guidance was published by the FIC to assist accountable institutions to adhere to their international funds transfer reporting obligations in terms of FICA and the Money Laundering and Terrorist Financing Control Regulations. This means that financial services providers like banks (and others in the finance industry) are required to report certain information to the FIC…

Extradition Bill

The Extradition Bill, which has been approved for submission to parliament, seeks to amend the Extradition Act (1962), which is outdated and out of sync with the Constitution, modern extradition practices and international best practice. The bill aims to strengthen the legal framework to enable the extradition of persons who are accused or convicted of…

Modernising court technology and improving judicial efficiency.

The Department of Justice and Constitutional Development, as per its Strategic Plan-2025-2030, plans to implement the Court Recording Audio-Visual Solution (CRAVS) or courtroom digital recording and communication systems to replace the outdated Court Recording Technology (CRT). The new system will modernise and improve court recording and audio-visual capabilities in courts and correctional centres. This technology…

SARS lifestlye audits

Lifestyle audits are conducted by SARS’ Specialised Audit Unit. The unit focuses on individuals, businesses and related entities in the small and medium sector of the taxpayer/trader base, particularly those operating within the illicit economy. Ultimately, SARS seeks to improve voluntary compliance of taxpayers and traders by conducting comprehensive, integrated in-depth civil audits.

AI deployment

Since 2020, SARS has sought to integrate data-driven insights, self-learning computers and AI into its work. The revenue authority in 2024 reported the success of this process in improving its revenue collection efforts. The compliance programme has particularly benefited from the process which has in part sought to optimise debt recovery.

National Prosecuting Authority (NPA) Amendment Bill

The bill was tabled in parliament in 2023 as part of the implementation of recommendations from the Zondo Commission inquiry into state capture, to enhance the independence of the NPA through the IDAC, including operational capacity and ability to prosecute high-profile corruption cases. In May 2024, the president signed the bill into law (National Prosecuting…

NPA private sector skills transfer

The NPA hires experts from the private sector, particularly in cases requiring specialised skills or when dealing with complex investigations. This is permitted under Section 38 of the National Prosecuting Authority Act and is seen as a way to enhance the NPA’s capacity, especially in areas like financial crime and state capture cases. NPA units…

Independent Police Investigative Directorate (IPID) Amendment Bill

The IPID is mandated to investigate criminal misconduct and offences committed by law enforcement members but cannot do so effectively when it is controlled by the police ministry. The IPID Bill (2023), initiated by the SAPS, has been enacted into law (30 July 2024). The act aims to increase the institutional and operational/ functional independence…

General Intelligence Laws Amendment Act

The bill, now enacted as the General Intelligence Laws Amendment Act 37 of 2024, aims to limit the centralised power or abuse of intelligence resources under the SSA. The SSA is to be split into the South African Intelligence Agency, which focuses on domestic intelligence, and the South African Intelligence Service for foreign intelligence. These…

Criminal Procedure Bill

The Department of Justice and Constitutional Development has proposed, through its Strategic Plan-2025-2030, to introduce the Criminal Procedure Bill (amending the Criminal Procedure Act of1977), aiming to improve the justice system by streamlining legal processes and enhancimg investigative capabilities.