The Legal Implications of South Africa’s Grey-Listing for Money Laundering: Analysis and Recommendations

This article analyses the legal implications of South Africa’s grey-listing by the Financial Action Task Force (FATF) for money laundering in a concise manner. It examines the deficiencies in South Africa’s anti-money laundering and counter-terrorism financing (AML/CFT) regime, which led to its grey-listing, and the measures the country has taken to address them. The article evaluates the effectiveness of South Africa’s AML/CFT framework in combating money laundering, highlighting areas for improvement. It also considers the impact of South Africa’s grey-listing on the country’s financial system, including increased scrutiny from international regulators and potential reputational damage. The article recommends specific legal reforms and policy measures South Africa can adopt to strengthen its AML/CFT regime and enhance its compliance with international standards. These Recommendations cover regulatory oversight, law enforcement cooperation, risk assessment, customer due diligence, and sanctions enforcement. The article provides a practical and policy-oriented guide for policymakers and other South African stakeholders to better understand the legal and regulatory challenges of combating money laundering in a grey-listed jurisdiction and identify strategies for improving the country’s AML/CFT framework.

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Publication Details

Journal
Obiter
Published
2025-04-08
DOI
https://doi.org/10.17159/vjp23x37
Primary Topic
Crime, Illicit Activities, and Governance
Type
article
Field-Weighted Citation Impact
0.00
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article

The Legal Implications of South Africa’s Grey-Listing for Money Laundering: Analysis and Recommendations

Princess Thembelihle Ncube
Obiter
Crime, Illicit Activities, and Governance
article

The Legal Implications of South Africa’s Grey-Listing for Money Laundering: Analysis and Recommendations

Princess Thembelihle Ncube
article en

Abstract

This article analyses the legal implications of South Africa’s grey-listing by the Financial Action Task Force (FATF) for money laundering in a concise manner. It examines the deficiencies in South Africa’s anti-money laundering and counter-terrorism financing (AML/CFT) regime, which led to its grey-listing, and the measures the country has taken to address them. The article evaluates the effectiveness of South Africa’s AML/CFT framework in combating money laundering, highlighting areas for improvement. It also considers the impact of South Africa’s grey-listing on the country’s financial system, including increased scrutiny from international regulators and potential reputational damage. The article recommends specific legal reforms and policy measures South Africa can adopt to strengthen its AML/CFT regime and enhance its compliance with international standards. These Recommendations cover regulatory oversight, law enforcement cooperation, risk assessment, customer due diligence, and sanctions enforcement. The article provides a practical and policy-oriented guide for policymakers and other South African stakeholders to better understand the legal and regulatory challenges of combating money laundering in a grey-listed jurisdiction and identify strategies for improving the country’s AML/CFT framework.

ObiterVol. 46(1)
University of Pretoria (ZA)
Openalex Percentile: Top 76%
Crime, Illicit Activities, and Governance
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The Legal Implications of South Africa’s Grey-Listing for Money Laundering: Analysis and Recommendations — Princess Thembelihle Ncube · Obiter (2025) | TGRS Research Map | TGRS