Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698058124481.pdf (Lesotho)
1.

INTRODUCTION The Minister of Foreign Affairs and International Relations presented the Fugitive Offenders (Amendment) Bill, 2019 to the National Assembly on the 21st October, 2019.

In accordance with Standing Order No.

51 (5), the Bill was referred to the Portfolio Committee on the Prime Minister’s Ministries and Departments, Governance, Foreign Relations and Information Cluster for consideration.
Following the referral, the Ministry briefed the Committee on the policy context, financial implications, contents and effects of the Bill.

2.

MINISTERIAL BRIEFING According to the Ministry of Foreign Affairs and International Relations, the Amendment to the Fugitive Offenders Act 1967 (the Parent Act) is one of the recommendations proposed in the Lesotho Mutual Evaluation Report, 2011.
This was proposed to ensure that Lesotho complies with recommendation 40 and Special Recommendation V of the Financial Action Task Force (FATF) Recommendations on International Assistance rendered by Eastern and Southern Africa Anti-Money Laundering Group (ESAAMLG) member states in criminal matters.
It was also stated that the purpose of the Bill is to provide for the following: • Introduction of simplified extradition procedure • Removal of dual criminality requirements in Section 5 of the Parent Act; • Increase in the number of crimes in the First Schedule of the Parent Act by including all predicate offences to money laundering; 1 • Empowerment of the Minister of Foreign Affairs and International Relations to make regulations and schedules to implement the Parent Act; and 3.
OBSERVATIONS The Committee has observed the following: • The Bill, in line with the policies of the Government will ensure that Lesotho is not a safe haven for criminals; • The Bill will assist in a fight against crime; • It will ensure that all fugitives from justice are arrested and taken back to their countries with relevant jurisdiction for prosecution; • Once the Bill is promulgated, Lesotho will be able to execute requests for extradition from designated countries on crimes which are not crimes in Lesotho; • The Bill removes dual criminality requirements that were contained in the Fugitive Offenders Act, 1967; • The applicability of Fugitive Offenders Act will be extended to all predicate offences of the crime of money laundering which were not covered by the Parent Act; • Lesotho will benefit as countries use reciprocity in approaching international issues; and • The Bill will enhance a rule of Law, improve cooperation with other countries on combating crime and improve accountability.
2 4.

CONSIDERATION OF THE BILL CLAUSE BY CLAUSE All clauses were adopted with an amendment that clauses “3, 4 and 5” be rearranged in sequential order as they appear in the Parent Act (Fugitive Offenders Act, 1967).

5.

CONCLUSION AND RECOMMENDATIONS After a thorough consideration of the Bill clause by clause, the Committee resolves to submit this Report to the House for consideration and adoption.

Annexes: 1.

Fugitive Offenders (Amendment) Bill, 2019 as amended 2.
List of Members of the Portfolio Committee on Prime Minister’s Ministries and Departments, Governance, Foreign Relations and Information Cluster 3