The Asset Forfeiture Unit (AFU) was established in May 1999 in the Office of the National Director of Public Prosecutions of the National Prosecuting Authority. Its primary objective is to implement Chapters 5 and 6 of the Prevention of Organised Crime Act, 1998 (Act No. 121 of 1998) in order to seize and forfeit criminal assets.
The AFU was created in order to ensure that the powers in the Act to seize criminal assets would be used to their maximum effect in the fight against crime, and particularly, organised crime.
The AFU works closely with other units including the South African Police Service (SAPS), the Directorate of Special Operations (DSO) and the South African Revenue Service (SARS). Other relevant bodies include the Office for Serious Economic Offences (OSEO) in 1992 in terms of the Investigation of Serious Economic Offences Act (Act No. 117 of 1991).
The AFU has obtained over 60 High Court judgments and it has begun to see a significant increase in the success rate where judgments have been obtained. The AFU has seen a steady increase in the amount of seizures (up from 25 in its first year to 204 in the year 2003/2004) and amount under restraint (up from R70m in its first year to R181m for the year 2003/2004). An important focus of the AFU has been to ensure that the assets are returned to the victims of crime. According to it’s 2006/2007 Annual Report the DSO initiated 368 new investigations and restrained assets worth approximately R1.050 billion.