The Impact of Anti-Money Laundering Leglislation on the Legal Profession in South Africa (PDF)


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This work investigates the legislative measures employed in South Africa to combat the implication of lawyers in money laundering schemes. Criminals make use of sophisticated technological means to transfer money and launderers routinely approach lawyers to assist them in their illegal endeavours. The study considers South Africa’s efforts to fulfil its international anti-money laundering obligations whilst upholding the criminal procedural rights guaranteed in the Constitution. Unfortunately, in its quest to combat money laundering, Parliament did not consider seriously enough the position of lawyers and took the easy option of criminalising fees paid with tainted funds, as well as the non-submission of suspicious transaction reports (STRs) and cash transaction reports (CTRs). As a result, the South African legal profession is saddled with unacceptable constraints.

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Publication Date

October 2018

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Abraham Hamman is a Senior Lecturer and Head of Department of Criminal Justice and Procedure, Faculty of Law, University of the Western Cape. He is an admitted attorney and conveyancer of the High Court of South Africa and has previously been in private practice before venturing into academia. He holds the degrees BA Law; LLB; LLM and LLD from the University of the Western Cape, where he lectures the Law of Evidence, Conveyancing and Anti-money laundering Law. He has published a wide range of articles and his specialist area of research and teaching is Procedural Law, Conveyancing and Economic Crimes.