The Analysis of Non-conviction-Based Property Confiscation and Forfeiture Regulatory Regime in Botswana

Abstract

Civil (non-conviction based) property forfeiture and confiscation laws are an important aspect of legal regimes for combating organized crime. Although they have recently gained notoriety, property confiscation regimes have been available in some legal system since time immemorial. Botswana has recently enacted the Proceeds and Instruments of Crime Act (PICA) as the main source of law against financial and organized crimes including terrorist financing, money laundering, and racketeering. Furthermore, PICA provides for the regulatory framework relating to both criminal and civil assets confiscation or forfeiture. This article examines the substantive provisions relating to non-conviction-based assets forfeiture in Botswana. It underscores the sanctity of private property rights as the basis of having both substantive and procedural aspects for their deprivation. Furthermore, this article highlights the existence and importance of interim measures available to the state pending the finalization of confiscation proceedings. The prevailing legislative regime attempts to balance the interests of property owners, third parties, and that of the state. This article concludes that the civil forfeiture regime in Botswana reflects the full domestication of international standards.