Establishment of the Office of the Receiver in Botswana
The Office of the Receiver, established under the Proceeds and Instruments of Crime Act of 2014 in Botswana, appoints a Receiver responsible for preserving the value of property under its possession. The Receiver has broad powers including managing property, realizing investments, and even selling volatile assets efficiently. The office operates with a structured setup at Permanent Secretary level, supported by legal, enforcement, and administrative divisions.
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Establishment of the Office of the Receiver - Botswana Presented by Mpho I.M. Letsoalo (LLB) Former president of ARINSA & Senior Assistant Director- DCEC(Botswana) Asset Recovery and Anti -Corruption Specialist Lead Consultant, Letsconsult
Office of the Receiver cont.. Section 46 (1) of the Proceeds and Instruments of Crime Act of 2014(PICA) provides for the establishment of the office of the Receiver which shall consist of the Receiver and such officers as may be appointed . Section 46(2) the office shall be a public office and the Public Service Act shall apply Section 46(3) the Minister shall appoint the Receiver on such terms and conditions as deemed fit Section 46(4) the Receiver shall be responsible for preserving the value of property in his or her possession in respect of an order made under this Act or any other written law
Office of the Receiver cont. Section 46(5) the Receiver may do anything that is reasonably necessary for the purpose of preserving the value of property including (a) becoming a party to any civil proceedings affecting the property; (b) maintaining the property to preserve its value; (c) ensuring the property is preserved; (d) realizing or dealing, wholly or partly, with securities or investments; (e) if property consists of shares in a company, exercising rights over such shares to the exclusion of the registered owner of such shares; (f) employing or terminating the services of any employee or doing anything that is necessary or convenient for the carrying out of the business on a on the basis of a sound commercial basis
Office of the Receiver cont. (g) volatile or wasting property or that which may likely depreciate may be sold by the Receiver by any means reasonably calculated to derive the best price and shall invest the proceeds in an interest bearing account. Section 46(7) any person having who has received a receiving order shall hand over control or possession to the Receiver Section 46(8) The Receiver is enjoined to give notice, where practicable, to give notice to an owner of property before it is disposed in any manner.
Office of the Receiver cont. Administrative and Functional Structure The Office of the Receiver is at Permanent Secretary level Assisted by 2 Deputy Receiver There is the Legal and Enforcement Divisions, and Administrative/Corporate Services to manage and provide technical human support to the office There are also, anticipated assistant Receivers to provide support for specific functions including but not limited to legal experts, enforcement officers( investigators and sheriffs), property experts including those with accounting/professional or financial expertise, corporate services. Currently, today as we speak there is the Receiver who was appointed in August, 2018 and the Deputy who was appointed on the 1stNovember, 2019
Office of the Receiver cont.. Section 68(1) Establishment of the Fund ..the Minister shall establish a Fund known as the Consolidated Assets Trust Fund to which all monies collected under this Act shall be paid into. Section 68(2) additionally to monies collected under this Act, any profits derived or investments and sales made by the Receiver in relation to property confiscated under this Act shall be paid into the Fund .
