On 20 June 2024, ENACT organized a webinar to discuss mutual legal assistance (MLA), in Africa as a key tool for formal international cooperation, following the publication of their report “Evaluating the effectiveness of mutual legal assistance and extradition in Africa.” The event was moderated by Advocate Vusumzi Pikoli, and featured insights from various speakers including the report’s author Charles Goredema.
Olwethu Majola, a PHD researcher at University of Cape Town, was the first to speak and presented the main findings from her report “Measuring the Treatment: The UNTOC in Africa, International Cooperation in Combatting Organised Crime in Africa” revealing that despite widespread ratification of the UN Convention against Transnational Organized Crime (UNTOC) across Africa, criminal markets continue to expand. The findings regarding UNTOC’s impact on these markets were inconclusive, indicating a lack of sufficient data to draw conclusions. Additionally, member states of the African Union (AU) and regional bodies such as ECOWAS, EAC, IGAD, and SADC are not fully utilising UNTOC for interregional cooperation, highlighting a need for greater accountability and disclosure.
Charles Goredema assessed the effectiveness of MLA and extradition in Africa and shared the challenges to MLA such as corruption within law enforcement, inadequate institutional frameworks, resource constraints, and poor intergovernmental relations, all of which hinder effective international cooperation against organised crime. He addressed key issues affecting states’ capacity to cooperate internationally, emphasising the need for well-resourced and accountable structures.
Principal Crown Counsel Daniel Bryan Magagula of Eswatini’s Ministry of Justice emphasised the importance of robust national cooperation, efficient communication channels among agencies, and leveraging informal networks for agility. He advocated for regional consensus on specific tools to combat organised crime and stressed the significance of using UNTOC for prosecuting criminals.
Martin Ewi, ENACT Regional Observatory Coordinator, added that political challenges and deep-seated mistrust among states have hindered the African Union’s efforts to draft an effective MLA agreement. The discussion underscored the need for comprehensive data, enhanced cooperation, and robust institutional frameworks to make meaningful progress in combating transnational organised crime in Africa by implementing UNTOC and the various regional instruments available on the continent to complement the Convention.
To see the full recording of the of the meeting click here.
