RC Remarks at Workshop on Anti-Money Laundering and Asset Recovery

Hon. Justice Jacobus Annandale 

Honourable Justice Dlamini,

Honourable Judge Hopmeier,

Distinguished Members of the Judiciary,

Colleagues from the UNODC

Collaborating partners

Distinguished ladies and gentlemen

It is both a great privilege and a pleasure to welcome you to this significant workshop on Anti-Money Laundering, Countering the Financing of Terrorism and Recovery Illicit Assets. 

On behalf of the United Nations Office on Drugs and Crime (UNODC) and the UN Family in Eswatini, I warmly welcome you to this event.

As you would know, UNODC leads the UN worldwide in supporting member states in the fight against transnational organized crime through implementing various treaties, such as the United Nations Convention against Transnational Organized Crime and the United Nations Convention against Corruption. These conventions, among other things, aim to combat illicit financial flows and encourage Member States to strengthen their legal and institutional frameworks on anti-money laundering and asset recovery.

Honourable Judges and Magistrates, this event marks a crucial step in Eswatini's ongoing commitment to combat financial crimes and recover assets obtained through illegal means, and I trust that it will greatly contribute to reinforcing Eswatini’s legal and institutional frameworks to safeguarding the integrity of its financial systems. 

Your presence here today is an acknowledgement of the critical role of a robust judiciary in combating illicit financial flows, enhancing the recovery and return of stolen assets, and combat organized crime. 

As judges and magistrates, your decisions have far-reaching implications, not only for the accused and the victims but also for the integrity of our financial systems and the trust of our citizens. It is, therefore, imperative to continue enhancing your expertise in asset forfeiture and money laundering to bolster these critical efforts.

A key focus of this workshop is to deepen the understanding of the complex legal arguments and scenarios that the judiciary encounters when dealing with money laundering and asset forfeiture cases. Over the next three days, experts will lead discussions of case studies, legal precedents, and investigative techniques that have proven successful globally.

Kindly allow me to speak briefly on four key messages:

1. The Crucial Role of Strong Institutions in AML-CFT and Achieving Sustainable Development

The 2030 Agenda for Sustainable Development, adopted by the global community in 2015, underscores the critical importance of strong institutions in achieving peace, justice, and inclusive societies—central tenets of SDG 16. Achieving the Sustainable Development Goals (SDGs) fundamentally depends on the strength of institutions that can build more resilient states and societies. 

Within this context, the judiciary holds a pivotal role in ensuring that justice is fair, accessible, and effective—key elements for sustainable development. 

Organized crime and money laundering directly threaten the realization of the SDGs, particularly SDG Target 16.4, which urges Member States, including Eswatini, to significantly reduce illicit financial flows, enhance the recovery and return of stolen assets, and combat all forms of organized crime by 2030. Illicit financial flows and organised crime, if left unaddressed, have the ability to cancerously infect and undermine all other institutions of society.  

2. A Whole-of-Government and Society Approach in the Fight Against Organized Crime and Money-Laundering 

While the judiciary plays a crucial role, the fight against organized crime and money laundering requires a comprehensive, whole-of-government approach. Key institutions such parliament, the executive, the judiciary, anti-corruption agencies, prosecutors, banks and the private sector, the Financial Intelligence Unit (FIU), law enforcement agencies, and regulatory bodies must work in concert to disrupt criminal networks and recover stolen assets. 

A coordinated approach ensures that gaps are closed, resources are maximized, and the collective impact is amplified. 

We express our appreciation for the tireless efforts of the Eswatini FIU and the Judiciary to make this event possible.

3. Regional and International Cooperation is Key

Strong international cooperation and transparency in financial systems are crucial to preventing illicit gains from undermining development efforts.  As UN Secretary-General António Guterres has previously stated, "Illicit financial flows are a major impediment to achieving the Sustainable Development Goals.”

Eswatini has commendably demonstrated its commitment to combating money laundering and organized crime by consistently adhering to international standards and collaborating closely with regional and global partners. 

As a member of the Eastern and Southern Africa Anti-Money Laundering Group (ESAAMLG), Eswatini continues to fortify its defenses against these complex crimes. 

Additionally, the Asset Recovery Interagency Network for Southern Africa (ARINSA), which is supporting this event, provides an informal, yet critical, method for tracing the proceeds of crime across the globe, upholding the slogans "Taking the Proceeds from Crime in Africa" and "Leave Criminals with Nowhere to Hide." On behalf of the UN, I thank ARINSA for its contribution Member States' efforts, such as those of Eswatini, in depriving criminals of their illicit gains and tools of crime.

Allow me to also express our appreciation for the support of the United States Government in the work of the United Nations, including the work of the United Nations Office on Drugs and Crime in the region, as well as for their contribution to this event. 

4. The Importance of Capacity Building Continuous learning and review to keep up ahead of perpetrators

Our economies and trade are increasingly interconnected while exponential technological advancement make it equally available for both benign and malignant use. This means that the entire institutional architecture responsible for the AML-CFT must stay ahead in its capabilities, from regulations, prevention, detection to successful prosecution and deterrence. 

Indeed, this workshop is about learning and expanding our capacities in important area and encouraging networks for informal collaboration on common challenges and potential solutions.

Conclusion

As I conclude, I trust that this workshop will empower and strengthen you, the distinguished members of the Eswatini Judiciary, enabling you to secure more money laundering convictions where warranted and increase the seizure and forfeiture of illicit assets in alignment with international best practices and Eswatini law.

On behalf of the United Nations and especially UNODC, I extend my sincere thanks to you all for being here today and wish you a fruitful engagement. 

Together, we can build a stronger, more resilient future for Eswatini.

Siyabonga kakhulu!