Curbing Illegal Mining and Tax Evasion: The Role of Criminal Justice System
Explore the pivotal role of the criminal justice system in combating illegal mining and tax evasion. Delve into the characteristics, aims, and significance of the CJS, along with the importance of mining legislation in promoting economic benefit and justice.
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The Role of the Criminal Justice System in Curbing Illegal Mining and Tax Evasion A presentation made at the Annual National Prosecutors Conference at the Kenneth Kaunda International Conference Centre, Lusaka, 16th -18th September 2024 Presented By: Shifayaki KABAMBE Zambia Revenue Authority My Tax, Your Tax, Our Destiny My Tax, Your Tax, Our Destiny
PRESENTATION OUTLINE The Criminal Justice System-LEAS The Criminal Justice System-Characteristics The Criminal Justice System-Principal aim Mining Legislation Countries that have criminalized illegal mining Questions to be asked 2 My Tax, Your Tax, Our Destiny My Tax, Your Tax, Our Destiny
The Criminal Justice System When we talk about the CJS, we are essentially talking about the following: Law Enforcement i.e. LEAs & the Prosecution Agency The Judiciary; and Correction Services-Prison. The named agencies/entities have specific roles to play in the CJS. They ensure that law and order prevail. For the rule of law to prevail, these entities have to work in unison but independently. It has been said that without law, man has the propensity to gravitate towards evil. 3 My Tax, Your Tax, Our Destiny My Tax, Your Tax, Our Destiny
The Criminal Justice System The Criminal Justice System (CJS) of a nation represents a system or structure through which the laws guiding the existence and order of such a society is applied and the rights of the citizens are upheld. Certain characteristics have been associated with CJS. These include: Fairness Justice Equality Effectiveness, and Efficiency The CJS is a social influencing agent that is concerned with orderliness, peace and tranquillity in society. CJS is required to respond to what is happening in society to curtail emerging criminal conduct. 4 My Tax, Your Tax, Our Destiny My Tax, Your Tax, Our Destiny
The Criminal Justice System Professor Muna Ndulo states that the principal aim of any country's mining legislation is to encourage the orderly exploration and development of its mineral resources so as to maximize economic benefit. To attain this objective, the laws must create a regime which is conducive to the mining industry, thereby attracting investment and innovation. Mining legislation must also provide for criminal offences and befitting criminal sanctions. Sadly, this is not the case under the current legislative framework. The law in this regard is destitute, perpetrators of mining crimes are not punished. 5 My Tax, Your Tax, Our Destiny My Tax, Your Tax, Our Destiny
The Criminal Justice System Illegal mining is criminogenic as it gives rise to other criminal activities such as: Corruption Money Laundering Tax Evasion Child labour Human trafficking-source of cheap labour Environmental crimes Emergence of criminal gangs/syndicates 6 My Tax, Your Tax, Our Destiny My Tax, Your Tax, Our Destiny
Countries that have criminalized illegal mining Bolivia, Colombia, Ecuador, Panama and Peru have defined illegal mining as an offence punishable by prison sentences in their respective legislations. The penalty goes from two to twelve years of imprisonment and is aggravated in case illegal mining activities are perpetuated concurrently to other crimes. These countries declared this crime as a major threat at the national level and therefore, a priority for law enforcement. In addition, Panama and Peru also categorize illegal mining as organized crime. 7 My Tax, Your Tax, Our Destiny My Tax, Your Tax, Our Destiny
The Criminal Justice System The CJS as a social influencing agent that is concerned with orderliness, peace and tranquillity in society must not stand akimbo and merely watch wrong-doing taking root in this sector-There is an urgent need for robust legal framework to combat illegal mining and tax evasion. We can benchmark with Bolivia, Colombia, Ecuador, Panama and Peru-These countries have categorized illegal mining as a serious crime. The Prosecution Agency is called upon to invest in training of the men and women who are at the frontiers of criminal justice so that they prosecute these crimes decisively. 8 My Tax, Your Tax, Our Destiny My Tax, Your Tax, Our Destiny
Questions to be Asked As players in the Criminal Justice System we need to ask the following questions: Legal framework what are the legal tools in place to tackle illegal mining at the national level? National coordination who are the national actors at stake to tackle illegal mining? Criminal trends who are the major organized criminal groups and what techniques do they use to conduct illegal mining activities and related crimes? Crime convergence are there any identified connections between illegal mining activities and other crimes? 9 My Tax, Your Tax, Our Destiny My Tax, Your Tax, Our Destiny
THANK YOU My Tax, Your Tax, Our Destiny My Tax, Your Tax, Our Destiny
