Doctor Legum - LLD / This thesis 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 legal profession is almost tailor-made for abuse by launderers, because lawyers work with huge amounts of money, clients are entitled to legal professional privilege and the right to legal representation is guaranteed constitutionally. The South African anti-money laundering regime, for the most part, is contained in two statutes, the Financial Intelligence Centre Act (FICA) and the Prevention of Organised Crime Act (POCA). Whilst FICA and POCA require the legal profession to be vigilant and accountable in the fight against money laundering, unfortunately they also infringe on hard-won rights, such as legal professional privilege, the right to legal representation and attorney-client confidentiality. 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. It is suggested that certain sections of FICA and POCA fail to find the required balance between protecting citizens from the harms of money laundering and protecting the fundamental rights of attorneys and their clients. Lawyers are in a unique position of trust and in some instances have access to information that may incriminate their clients. 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.

Magister Legum - LLM / From failing to arrest and surrender Sudanese President Omar Al-Bashir1 in accordance with its obligations under the Rome Statute of the International Criminal Court2 (Rome Statute), to its President acting inconsistently with its Supreme law3, it is evident that the rule of law is under threat in South Africa. Furthermore, South Africa has witnessed the cultivation of a culture of impunity for corruption in high office. South Africa has also experienced an increase in heinous crimes committed against women and children. The South African Rand recently plummeted given that its Minister of Finance Pravin Gordhan, recently faced charges of fraud4, as well as the ripple effect caused by the Fees Must Fall Movement.5 Against the backdrop of the above-mentioned issues that plague South Africa and hinder its development, the fight against money laundering hardly seems of pivotal importance in achieving the desired stability and development of the country. There is a public perception that money laundering is a crime of little consequence.8 This perception derives from the fact that money laundering does not have a direct impact on its victims and in some instances benefits the economy as it increases the profits for the financial sector and results in a greater availability of credit.9 Laundered money arguably is not harmful but rather beneficial to developing economies because money remains money, whether it is proceeds of crime or honestly earned.10 Although an increase in money is appealing to developing countries, the benefits that accompany laundered money are short-lived as the crime affects society adversely in the long run.11 However, where a country fails to prevent and prosecute money laundering offences, the prevalence of money laundering will impede the development of a state as it not only increases the profitability of crime and encourages the prevalence of corruption, but it also causes damage to critical financial sector institutions.12 Money laundering influences the commission of crimes that generate large amounts of profit, namely, organised crime, which is often described as the twin brother of money laundering.13 This is because criminals do not commit crimes to make money only but to enjoy this money as well.14 However, criminals need to launder their money in order to enjoy the proceeds of their criminal activities without drawing attention to these activities.15 Countries that combat money laundering effectively make it more difficult for criminals to launder the proceeds of their crimes. It becomes more risky for them to indulge in their ill-gotten gains, thus dissuading them from engaging in economic criminality.16 Money laundering is a process where the proceeds of crime are concealed and disguised in order to make them appear lawful.17 Criminals are thus able to enjoy the financial benefits of the crimes they commit.18 The pervasiveness of money laundering in a country does not only affect the confidence the public have in the country’s financial institutions but also undermines the confidence foreign investors and financial institutions have in a developing state’s financial institutions.19 A country can, therefore, run the risk of not benefitting from foreign direct investment.20 The financial institutions rely heavily on what the public think about their integrity.21

Much of the first generation literature on counter terrorist financing made sweeping generalisations and observations regarding these interventions based on relatively limited case study data. Given that the UK approach to counter terrorism clearly attests to the symbiosis between terrorism and money, this thesis evaluates the contemporary relevance of Cicero's aphorism that “the sinews of war are infinite money.” Drawing on a series of discussions and formal interviews with CTF practitioners into several of the most recent high profile terror attacks in the United Kingdom, it confirms a notable shift in terrorist financing methodology in recent years and underscores the trend towards increasing operational independence and financial autonomy. It thus considers the continuing centrality of money in the terrorism equation and has been framed specifically to examine the financing challenges posed by domestic terror cells in the UK, given the trend towards low cost terrorism with its emphasis on self sufficiency and the emergence of more discreet and ‘criminally sterile' funding methodologies. This thesis is primarily concerned with reviewing the efficacy of the UK counter terrorism-financing (CTF) model as perceived by practitioners, both in policy terms and in the context of operational outcomes. The increasing emphasis on new funding methodologies and the ensuing lack of visibility and opportunities for interdiction at the conspiracy phase of terrorist plots, further highlights the operational challenges posed for practitioners in confronting these ‘new' threats. As such, this research encourages several new perspectives, including a review of UK corporate knowledge on previous CTF interventions and consideration of military ‘threat finance' practice to deliver greater operational impact. In particular, it advocates a new focus on micro CTF interventions to address changes in the ‘economy of terror'. Finally, this thesis strongly attests to the continued relevance of finance or more specifically, the 'financial footprint' to inform and provide intelligence insight for counter terrorism responses generally. In doing so, it also considers the impact on privacy from increasingly intrusive financial and digital data collection and the trade-offs that inevitably emerge when liberty and security collide.

Dans un contexte économique mondialisé, les prises de position d’achat et/ou de vente sur les marchés financiers obéissent à des logiques qui échappent parfois à la rationalité (bulle spéculative…). Les prévisionnistes et les analystes financiers mobilisent une boite à outil statistique pour connaître les tendances futures à partir de l’étude des tendances passées. Cette boite à outils repose sur l’hypothèse de normalité des lois statistiques sous jacentes ce qui autorise des logiques d’inférence statistique, de test, de corrélation... On a pu observer par le passé que les résultats de ces projections ont souvent été miss à défaut : la crise financière que nous traversons correspond par exemple à un choc difficilement prévisible même s’il fait l’objet d’une rationalisation a posteriori. Notre objectif, partant de ce constat, est de renouveler les approches traditionnelles des prévisionnistes et analystes financiers en mobilisant deux approches complémentaires : l’intelligence économique appliquée au domaine financier et l’utilisation de techniques modernes de gestion de l’imprévisible. Dans ce travail interdisciplinaire, notre approche s’inspire tout d’abord du concept d’image, de réputation d'une entreprise cible et de la démarche du cycle de renseignement issue de l’approche de l’intelligence économique. De plus, nous pouvons compléter notre démarche à travers les travaux de Nassim Nicolas Taleb. Nous mobilisons enfin le concept de force de situation (François Julien) pour renforcer la décision des investisseurs institutionnels en situation d’incertitude. Pour valider notre contribution théorique, nous avons choisi le Vietnam comme terrain de recherche. A partir d’une approche qualitative conduite auprès de gérants de portefeuilles Vietnamiens, nous avons pu connaître mieux leurs pratiques de prises de décisions, les critères d’évaluation d’investissement différents issus des analyses de matrices stratégiques, leur perception de la réputation et le rôle de l’intelligence financière dans leur processus d’investissement. Nous proposons alors une méthode qualitative reposant sur la réputation pour caractériser le degré de robustesse d’une organisation à des chocs et élaborons en outre un système de renseignement financier en prenant en compte la hiérarchie des critères d’évaluation d’investissement des gérants de portefeuilles Vietnamiens. Notre démarche est illustrée par l’étude de cas d'une entreprise aquacole Vietnamienne. / In the context of economic globalization, the stand point of purchase and/or sale on the financial market obeys logics which escape sometimes rationality (speculative bubbles…).The forecasters and the financial analysts mobilize one statistical toolbox in order to know the future trends based on the study of the last trends.This toolbox builds on the assumption of normality of the statistical laws underlying which authorizes logics of statistical inference, test, correlation… We could observe in the past which the results of these projections were often failed:the financial crisis which we pass correspondent to a not easily foreseeable shock even if it is the object of a rationalization a posteriori. Our objective,on the basis of thisreport,is to renew the traditional approaches of the forecasters and financial analysts by mobilizing two complementary approaches: business intelligence applied to the financial field and the utilization of modern technologies of management of the unforeseeable risks.In this interdisciplinary work,our approaches are inspired,first of all concept oftheimage or of the reputation of a target company and approach of the intelligence cycle resulting from the approach of the business intelligence.Moreover,we can complete our approach through the principle of bounded rationality,that of the speculative bubble and that of the logic uncertain suggested by Nassim Nicolas Taleb. Finally, we mobilize the concept of force of situation(François Julien) in order to reinforce the decision of the institutional investors in uncertain situation.To validate our theoretical contribution,we chose Viet Nam as our ground of research.From a qualitative approach and based on experimentation ahead 5 Vietnamese portfolio managers, we could better know their practice of making decision, their different investment evaluation criteria, their perception of reputation and the role of the financial intelligence in their process of investment. Thus, we propose a qualitative method based on the reputation in order to characterize the degree of robustness of an organization faced to shocks and elaborate moreover a system of financial information by taking into account the hierarchy of the investment evaluation criteria of the Vietnamese portfolio managers. Our approach is illustrated through a case study of a Vietnamese aquaculture company.

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Magister Legum - LLM

This study focuses on examining the security implications of money laundering and countermeasures, with reference to South Africa. The purpose of this study was to establish the following: <ul> <li> What is the extent, and what are the security implications of money laundering in South Africa;</li> <li> whether the current money laundering countermeasures in South Africa were effectively implemented from 1994 up to the end of 2006;</li> <li> if South Africa could implement better money laundering controls when compared to the G7/8 countries; and</li> <li> what the factors were that influenced money laundering in South Africa, compared to the G7/8 countries</li> </ul> This study also examined the validity of the following assumptions: <ul> <li>That there are still shortcomings in the practical application of money laundering countermeasures in South Africa, despite these countermeasures being based on the legislative measures adopted by the G7/8 countries; and</li> <li> money laundering promotes crime and corruption in South Africa.</li> </ul> An analysis of the South African anti-money laundering legislation indicated that South Africa had legislatively adopted all of the Financial Action Task Force money laundering recommendations. It was found that despite the strong legislative framework to combat money laundering in South Africa, these efforts were undermined by a lack of capacity; poor coordination that led to a large volume of reports being filed without a corresponding track record of successful prosecutions; and the failure to adopt advances in information technology. This led to a lack of effectively and efficiently translating the anti-money laundering legislation into practice in South Africa. / Dissertation (M(Security Studies))--University of Pretoria, 2008. / Political Sciences / unrestricted

The topic of this thesis is personal and family finance. At the time of extensive government austerity measures, uncertainty of countries' future, or even international companies, and on the other side the ever bigger influence of advertisement and consumer culture, its importance grows with each year. The main goal of this thesis is to confirm or disprove the hypothesis that presumes the following: although people think they are handling their personal finance right, they often make typical wrong decisions. Part of the theory is a survey dealing with financial literacy of Czechs that support a theory that they have considerable gaps in managing their finances. Further on, the thesis engages in possibilities on how to eliminate these gaps. Doing this, the author perceives the family, or individual, as a parallel to a company, while their finances management makes parallel to the company's accounting. It also briefly deals with why these mistakes are present, using behavioral economics as a tool for explanation. The theoretical part presents possibilities and products that are to find at a usual economy subject on the market to those willing to evaluate their finances. The practical part is looking for answer to question what the most frequent mistakes are. The author then chooses the one he considers the most significant, namely the absence of planning. It then tries to prove, that elimination of this mistake leads to considerable improvements and optimization in managing finances.

This dissertation examines a bank’s right to unilaterally terminate its contractual relationship with a customer on the basis of reputational risk. The law of contract allows a bank to terminate the bank-customer agreement when the customer is in serious breach of the contract. Over the years, however, a pattern has started to develop by which a bank can unilaterally terminate the bank-customer relationship of high-risk customers based on reputational risk. Banks are reluctant to facilitate the transactions of individuals surrounded by negative publicity, due to fears of how the bank’s investors, customers or counterparts might perceive the bank. Compliance with anti-money laundering (AML) and counter financing of terrorism (CFT) requirements, as set out by both domestic and foreign legislation, results in higher costs for the bank. As such, the profitability of a particular bank-customer relationship may ultimately decline to such an extent that the bank rather decides to make an appropriate business decision by terminating the relationship. Correspondent banking relationships are agreements in terms of which one bank will provide services for another in jurisdictions where the first bank lacks a physical presence. As such, whenever there is a perception that a local bank does not comply with the relevant AML/CFT laws as set out by its domestic legislation, the correspondent bank might decide to terminate its relationship with the local bank, leaving the latter financially excluded from the correspondent banking market. Such a situation would hinder the growth of the South African economy and may also cause a systemic event in the financial industry. Adequate customer due diligence (CDD) measures assist a bank in formulating a clear understanding of the business of its customers. The information obtained through CDD may also assist the bank in determining the reputation of a particular customer. This information can also assist law enforcement in combatting financial crimes. In this regard, it is recommended that a bank should be able to trace the information that was shared with Financial Intelligence Units (FIUs) and law enforcement agencies, so that the bank may reasonably determine the level of reputational risk involved in the relationship. / Mini Dissertation (LLM)--University of Pretoria, 2020. / Mercantile Law / LLM / Unrestricted

Money Service Businesses provide people and institutions with a way to send money (remit) from one place to another. This service is most often associated with migrants, who typically wish to send money or value home. Remittances can be sent both on a domestic and on a cross-border basis. The methods used to remit money or value can be used for both legitimate and illegal purposes. The question posed by this research is whether the Money Service Businesses that operate in South Africa and provide crossborder remittance services are adequately regulated, to ensure that it is not used for the purposes of money laundering and/or terror financing. Copyright / Dissertation (MPhil)--University of Pretoria, 2010. / Accounting / unrestricted