ACKNOWLEDGEMENTS

In the words of Safety and Security Minister, Steve Tshwete:

"The menace of organised crime is not a theoretical phenomenon. It is a reality that governments and peoples across the face of the globe are grappling with on a daily basis. Huge financial resources, which should have been spent on development initiatives for the improvement of the fortunes of people, are directed towards the containment, if not the elimination, of national and transnational syndicates — rogue elements who have squandered all sense of decency to pursue the acquisition of wealth and comfort at the expense of law-abiding nationals."

The Minister’s view appears to be shared by many in Southern Africa. The Organised Crime and Corruption Programme of the Institute for Security Studies (ISS) has embarked on an analysis of the nature and extent of the threat posed by organised crime in the region. In addition, the project seeks to explore initiatives to combat organised crime at local and transnational levels. The contributions in this work are the product of an examination of the relevant statutory instruments in force in various member states of the Southern Africa Development Community (SADC). The papers were presented at a seminar held in Pretoria, South Africa, on 26 and 27 February 2001.

The seminar occurred against the background of the signing of the United Nations Convention Against Transnational Organised Crime in Palermo at the end of 2000 by more than 130 countries. Signatories included virtually all SADC member states. It was inevitable that comparisons would be made between the legislative framework of each state and the requirements of the Convention. The Convention is ready for ratification, but before it can proceed to this stage, each state has to harmonise its laws with the Convention. Once it has been ratified by 40 states, the Convention will come into force.

The Convention has two main objectives. The first is to establish standards for domestic laws to enable them to combat organised crime, and the second is to eliminate disparities among legal systems to facilitate transnational mutual assistance. The substance of the Convention’s standards and guidelines is summarised in some of the papers, as is the extent to which respective legislative structures are consistent with the Convention.

The discussions that punctuated the seminar presentations highlighted some of the practical problems that might arise in the process of harmonising and aligning legislation. Some stem from the rather troubled contexts in which changes will be expected to take place. Fragile political and economic systems plague SADC. Differences in background, levels of development and values could also constitute formidable impediments to the reforms suggested. Participants were in agreement that, in the face of the challenges eloquently outlined by Minister Tshwete in his keynote address, pessimism would become part of the problem.

The apparently universal awareness of the enormity of the threat constituted by organised crime was a source of hope that the imperative for legislative reform would be taken seriously. The seminar was indebted to the SADC legal sector for participating. It was also encouraging to have the head of the Secretariat of the Southern Africa Regional Police Chiefs Co-ordinating Organisation (SARPCCO) in attendance. The ISS also appreciated the contributions of the United Nations Office for Drug Control and Crime Prevention (UNODCCP) and the South African Asset Forfeiture Unit.

It is anticipated that the different contributions will take the project further. The Organised Crime and Corruption Programme is currently surveying the nature and extent to which the public and private sectors in SADC have been penetrated by organised crime. The ISS is grateful to the European Union, the Open Society Initiative for Southern Africa (OSISA) and the Hanns Seidel Foundation for supporting the seminar and this publication.

Charles Goredema
Institute for Security Studies
Cape Town