I. Domestic Legislation

1. Laws against Crime and Corruption

South Africa has a comprehensive legal framework to deal with the recovery of criminal proceeds, including the proceeds of corruption. The principal part of legislation is

• the Prevention of Organised Crime Act, 1998 (Act No. 121 of 1998) (Especially Chapters 5 and 6). The Act commenced on 21 January 1999 and introduced measures to combat areas of criminal activity such as organized crime and money laundering. The Act provides for a Criminal Assets Recovery Account and a Criminal Assets Recovery Committee.
• the Prevention and Combating of Corrupt Activities Act, 2004 (Act No. 12 of 2004)

These laws contain provisions for the confiscation of criminal assets and for the civil forfeiture of certain assets. A number of law enforcement agencies oversee the implementation of the relevant legislation including the Asset Forfeiture Unit (AFU) and the Directorate of Special Operations (DSO).

2. MLA Laws

South Africa is a signatory to number of bilateral, regional and international instruments to give effect to international co-operation (listed below). The domestic law that governs such measures is:

• The International Cooperation in Criminal Matters Act, 1996 (Act No. 75 of 1996) which provides the framework for mutual legal assistance.

• The Extradition Act, 1962 (Act No. 67 of 1962) dealing with the extradition of persons accused/convicted.

II. International Cooperation 

1. Bilateral Treaties

• Extradition Agreements exist with the following countries: Botswana; Lesotho (Extradition Treaty between the Republic of South Africa and the Kingdom of Lesotho, 2001); Malawi; Swaziland; Switzerland; United States of America; Canada; Australia; Israel; Egypt (Extradition Act between the Republic of South Africa and the Arab Republic of Egypt, 2002); Algeria; Nigeria; India (Extradition Treaty between the Republic of South Africa and the Republic of India, 2004); China (Extradition Treaty between the Republic of South Africa and the People's Republic of China, 2002); Namibia; Mozambique.

• Mutual Legal Assistance Agreements exist with the following countries: Canada; United States of America; Lesotho; Egypt (Mutual Legal Assistance in Criminal Matters Treaty between the Republic of South Africa and the Arab Republic of Egypt, 2002); Algeria; Nigeria; France (Mutual Legal Assistance in Criminal Matters Treaty between the Republic of South Africa and the French Republic, 2002); Chad; India (Mutual Legal Assistance in Criminal Matters Treaty between the Republic of South Africa and the Republic of India, 2004); China (Mutual Legal Assistance in Criminal Matters Treaty between the Republic of South Africa and the People's Republic of China, 1996); Iran; Namibia; Mozambique.

2. Regional Treaties

• SADC Protocol Against Corruption, 2002: signed and ratified;
• SADC Protocol on Extradition and Mutual Legal Assistance in Criminal Matters, 2002: signed and ratified; 
• African Union Convention on Extradition: signed and ratified;
• African Union Convention on Preventing and Combating Corruption, 2003: signed (16 March 2004) and ratified (11 November 2005); and 
• African Union Convention on the Prevention and Combating of Terrorism, 1999: signed (14 July 1999) and ratified (7 November 2002).  

3. International Treaties

• UN Convention Against Corruption (UNCAC): signed and ratified;
• OECD Anti-Bribery Convention: neither signed nor ratified;
• Scheme Relating to Mutual Assistance In Criminal Matters within the Commonwealth (including amendments made by Law Ministers in April 1990, November 2002 and October 2005); and
• The London Scheme for Extradition within the Commonwealth (incorporating the amendments agreed at Kingstown in November 2002).

4. Other Treaties

• UN Convention Against Transnational Organised Crime and three Supplementary Protocols: signed and ratified; and 
• Council of Europe Convention on Extradition: signed and ratified.