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REPUBLIC OF SOUTH AFRICA - SAFLII Home

REPUBLIC OF SOUTH AFRICAGOVERNMENT GAZETTER egistered at the Post Ofice as a Ne}v,spaperVOL. 402 CAPE TOWN. 4 DECEMBER 1998No. OF THE December 1998It is hereby notified that the President has assented to thefollowing Act which is hereby published for general infor-mation: No. 121 of 1998: Prevention of Organised Crime Act. 19553 GOVERNMENT GHE~E, 4 December 1998 Act No. 121, 1998 PREVENTION OF ORGANISED CRIME ACT. 1998 GENERAL EXPLANATORY NOTE:[1 Words in bold type in square brackets indicate omission! fromexisting .-Words underlined with a solid line indicate insertions inexisting , ..-(English text signed b? the President.)]

REPUBLIC OF SOUTH AFRICA GOVERNMENT GAZETTE Registered at the Post Ofice as a Ne}v,spaper VOL. 402 CAPE TOWN. 4 DECEMBER 1998 No. 19553 No. OFFICE OF THE PRESIDENT

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Transcription of REPUBLIC OF SOUTH AFRICA - SAFLII Home

1 REPUBLIC OF SOUTH AFRICAGOVERNMENT GAZETTER egistered at the Post Ofice as a Ne}v,spaperVOL. 402 CAPE TOWN. 4 DECEMBER 1998No. OF THE December 1998It is hereby notified that the President has assented to thefollowing Act which is hereby published for general infor-mation: No. 121 of 1998: Prevention of Organised Crime Act. 19553 GOVERNMENT GHE~E, 4 December 1998 Act No. 121, 1998 PREVENTION OF ORGANISED CRIME ACT. 1998 GENERAL EXPLANATORY NOTE:[1 Words in bold type in square brackets indicate omission! fromexisting .-Words underlined with a solid line indicate insertions inexisting , ..-(English text signed b? the President.)]

2 (Assented to 24 November 1998. )ACTTo introduce measures to combat organised crime, money laundering and criminalgang activities; to prohibit certain activities relating to racketeering activities; toprovide for the prohibition of money laundering and for an obligation to reportcertain information; to criminalise certiin activities associated with gangs; toprovide for the recovery of the proceeds of unlawful activity; for the civil forfeitureof criminal assets that have been used to commit an offence or assets that are theproceeds of unlawful activity; to provide for the establishment of a Criminal AssetsRecovery Account; to amend the Drugs and Drug ~afficking Act, 1992; to amendthe International Co-operation in Criminal Matters Act, 1996; to repeal theProceeds of Crime Act, 1996; to incorporate the provisions contiined in theProceeds of Crime Act, 1996; and to provide for matters connected the Bill of Rights in the Constitution of the REPUBLIC of SOUTH AFRICA , 1996(Act No.)

3 108 of 1996). enshrines the rights of all people in the REPUBLIC and affirms thedemocratic values of human dignity. equality and freedom:AND WHEREAS the Constitution places a duty on the State to respect. and fulfil the rights in the Bill of Rights:AND WHEREAS there is a rapid growth of organised crime, money laundering andcriminal gang activities nationally and internationally and since organised crime hasinternationally been identified as an international security threat:AND WHEREAS organised crime, money laundering and criminal gang activitiesinfringe on the rights of the people as enshrined in the Bill of Rights;AND WHEREAS it is the right of every person to be protected from fear.

4 Intimidationmd physical harm caused by the criminal activities of violent gangs and individuals;AND WHEREAS organised crime, moneY laundering and criminal gang individually and collectively, present a danger to public order and safety andeconomic stability, and have the potential to inflict social damage;AND WHEREAS the SOUTH Aftic~ common law and statutory law fail to dealeffectively with organised crime, money laundering and criminal gang activities, adalso fail to keep pace with international measures aimed at dealing effectively wi~organised crime, money laundering and criminal gang activities;GOVERNMENT G=E~, 4 Decemkr 1998No.

5 19553 3P~VEN~ON OF ORGANISED CRIME ACT, 1998 Wet No. 121, 1998 AND BEAWNG IN M~D that it is usually very difficult to prove the directinvolvement of organised crime leaders in particular cases, because they do not performthe actual criminal activities themselves, it is necessary to criminalise the managementof. and related conduct in connection with enterprises which are involved in a pattern ofracketeering activity:AND WHEREAS persons should not benefit from the fruits of organised crime andmoney laundering, legislation is necessary for the preservation and forfeiture ofproperty which is concerned in the commission or suspected commission of an offence:AND WHEREAS there is a need to devote such forfeited assets and proceeds to thecombatting of organised crime and money laundering.

6 AND WHEREAS the pervasive presence of criminal gangs in many communities isharmful to the well being of tiose communities,it is necessary to criminaliseparticipation in or promotion of criminal gang activities;BE IT THEREFORE ENACTED by the Parliament of the REPUBLIC of SOUTH follows: INDEXS ectionsCHAPTER 1 DEFINITIONS AND and interpretation of ActCHAPTER 2 OFFENCES RELATING TO RACKETEERING ACTIVITIES7 Offences10i:PenaltiesCHAPTER 3 OFFENCES RELATING TO PROCEEDS OF UNLAWFUL another to benefit from proceeds of unlawful possession or use of proceeds of unlawful to report suspicion regarding proceeds of unlawful 4 OFFENCES RELATING TO CR~INAL GANG ACTIVITIES~ related offences10.

7 Of member of criminal gangCHAPTER jPROCEEDS OF UNLAWFUL ACTIVITIESPART 1 APPLICATION OF CHAPTER12 Definitions and interpretation of Chapter4No. 19553 GOVERNMENT GHE~. 4 Decembr 1998 Act No. 121, 1998 Prevention OF ORGANISED CRIME ACT. , ,~p,23, , ,Proceedings are civil, not criminalRealizable propertyValue of propertyGiftsConclusion of proceedings against defendantPART 2 CONFISCATION ORDERSC onfiscation ordersValue of proceeds of unlawful activitiesAmounts which might be realisedStatements relating to proceeds of unlawful activitiesEvidence relating to proceeds of unlawful activitiesEffect of confiscation ordersProcedure where person absconds or diesPART 3 RESTRAINT ORDERSC ases in which restraint orders may be madeRestraint ordersSeizure of property subject to restraint orderAppointment of curator bonis in respect of property subject to restraint order 20 Orders in respect of immovable property subject to restraint

8 OrderPART 4 REALISATION OF PROPERTYR ealisation of propertyApplication of certain sums of moneyFunctions of curator boizi.~Exercise of powers by High Court and curafor bonisVariation of confiscation ordersEffect of sequestration of estates on realizable propertyEffect of winding-up of companies or other juristic persons on realizable 30propertyCHAPTER 6 CWIL RECOVERY OF PROPERTYPART 1 INTRODUCTIONP roceedings are civil. not criminalPART 2 PRESERVATION OF PROPERTY ORDERSP reservation of property ordersNotice of preservation of property orders40 Duration of preservation of property ordersSeizure of property subject to presemation of property orderAppointment of curator bonis in respect of prope~y subject to preservation ofproperty order~Iders in respect of immovable propefly subject to preservation of property 45order101535 GOVERNMENT GAZE~, 4 Decemkr 1998No.

9 19553 OF ORGANISED CRtME AH, 1998 Wet No. 121, 1998 Provision for expensesMaximum legal expenses that can be met from preserved propertyTaxation of legal expensesVariation and rescission of ordersPART 3 FORFEITURE OF PROPERTY5 Application for forfeiture orderLate entry of appearanceMaking of forfeiture orderNotice of reasonable grounds that property is concerned in commission of 10offenceExclusion of interests in propertyForfeiture order by defaultExclusion of interests in forfeited propertyAppeal against forfeiture order15 Effect of forfeiture orderFulfillment of forfeiture 4 GENERAL PROVISIONS RELATING TO PRESERVATION ANDFORFEITURE OF PROPERTY~~58.

10 Offence may form the basis of multiple orders59. Application of Chapter to deceased estates60. Effect of death of joint owner of preserved property61. Expedition of applications6~Procedure and rules of courtCHAPTER 7 CRINIINAL ASSETS RECOVERY ACCOUNT63. Establishment of Criminal Assets Recove~ Account64. Finances of Account65. Establishment of Committee3066. Conditions of service, remuneration. allowances and other benefits of certainmembers of Committee67. Meetings of of Committee69. Powers and functions of matters to be prescribedCHAPTER 8 GENERAL PROVISIONS71. Access to information7~Investigations4073.


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