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South
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NATIONAL LEGISLATION OVERVIEWS
NATIONAL LEGISLATION OVERVIEWS
Prevention of Organised
Crime
Act, No. 121 of 1998
Long title
To introduce measures to combat organised crime, money laundering and criminal gang activities; to prohibit certain activities relating to racketeering activities; to provide for the prohibition of money laundering and for an obligation to report certain information; to criminalise certain activities associated with gangs; to provide for the recovery of the proceeds of unlawful activity; for the civil forfeiture of criminal property that has been used to commit an offence, property that is the proceeds of unlawful activity or property that is owned or controlled by, or on behalf of, an entity involved in terrorist and related activities; to provide for the establishment of a Criminal Assets Recovery Account; to amend the Drugs and Drug Trafficking Act, 1992; to amend the International Co-operation in Criminal Matters Act, 1996; to repeal the Proceeds of Crime Act, 1996; to incorporate the provisions contained in the Proceeds of Crime Act, 1996; and to provide for matters connected therewith.
Table of contents
Legislation Text Access Point
Long title
To introduce measures to combat organised crime, money laundering and criminal gang activities; to prohibit certain activities relating to racketeering activities; to provide for the prohibition of money laundering and for an obligation to report certain information; to criminalise certain activities associated with gangs; to provide for the recovery of the proceeds of unlawful activity; for the civil forfeiture of criminal property that has been used to commit an offence, property that is the proceeds of unlawful activity or property that is owned or controlled by, or on behalf of, an entity involved in terrorist and related activities; to provide for the establishment of a Criminal Assets Recovery Account; to amend the Drugs and Drug Trafficking Act, 1992; to amend the International Co-operation in Criminal Matters Act, 1996; to repeal the Proceeds of Crime Act, 1996; to incorporate the provisions contained in the Proceeds of Crime Act, 1996; and to provide for matters connected therewith.
Table of contents
| SECTION | TITLE |
| PREAMBLE | |
| ARRANGEMENT OF SECTIONS | |
| CHAPTER 1. DEFINITIONS AND INTERPRETATION | |
| 1. | Definitions and interpretation of Act |
| CHAPTER 2. OFFENCES RELATING TO RACKETEERING ACTIVITIES | |
| 2. | Offences |
| 3. | Penalties |
| CHAPTER 3. OFFENCES RELATING TO PROCEEDS OF UNLAWFUL ACTIVITIES | |
| 4. | Money laundering |
| 5. | Assisting another to benefit from proceeds of unlawful activities |
| 6. | Acquisition, possession or use of proceeds of unlawful activities |
| 7. | Failure to report suspicion regarding proceeds of unlawful activities |
| 7A. | Defence [...inserted by Act 1999_024_010_19990428] |
| 8. | Penalties |
| CHAPTER 4. OFFENCES RELATING TO CRIMINAL GANG ACTIVITIES | |
| 9. | Gang related offences |
| 10. | Penalties |
| 11. | Interpretation of member of criminal gang |
| CHAPTER 5. PROCEEDS OF UNLAWFUL ACTIVITIES | |
| Part 1. Application of Chapter | |
| 12. | Definitions and interpretation of Chapter |
| 13. | Proceedings are civil, not criminal |
| 14. | Realisable property |
| 15. | Value of property |
| 16. | Gifts |
| 17. | Conclusion of proceedings against defendant |
| Part 2. Confiscation Orders | |
| 18. | Confiscation orders |
| 19. | Value of proceeds of unlawful activities |
| 20. | Amounts which might be realised |
| 21. | Statements relating to proceeds of unlawful activities |
| 22. | Evidence relating to proceeds of unlawful activities |
| 23. | Effect of confiscation orders |
| 24. | Procedure where person absconds or dies |
| 24A. | Order to remain in force pending appeal [...inserted by Act 1999_038_000_19990907] |
| Part 3. Restraint Orders | |
| 25. | Cases in which restraint orders may be made |
| 26. | Restraint orders |
| 27. | Seizure of property subject to restraint order |
| 28. | Appointment of curator bonis in respect of property subject to restraint order |
| 29. | Orders in respect of immovable property subject to restraint order |
| 29A. | Variation and rescission of certain orders suspended by appeal [...inserted by Act 1999_038_005_19990907] |
| Part 4. Realisation of Property | |
| 30. | Realisation of property |
| 31. | Application of certain sums of money |
| 32. | Functions of curator bonis |
| 33. | Exercise of powers by High Court and curator bonis |
| 34. | Variation of confiscation orders |
| 35. | Effect of sequestration of estates on realisable property |
| 36. | Effect of winding-up of companies or other juristic persons on realisable property |
| CHAPTER 6. CIVIL RECOVERY OF PROPERTY | |
| Part 1. Introduction | |
| 37. | Proceedings are civil, not criminal |
| Part 2. Preservation of Property Orders | |
| 38. | Preservation of property orders |
| 39. | Notice of preservation of property orders |
| 40. | Duration of preservation of property orders |
| 41. | Seizure of property subject to preservation of property order |
| 42. | Appointment of curator bonis in respect of property subject to preservation of property order |
| 43. | Orders in respect of immovable property subject to preservation of property order |
| 44. | Provision for expenses |
| 45. | Maximum legal expenses that can be met from preserved property |
| 46. | Taxation of legal expenses |
| 47. | Variation and rescission of orders |
| Part 3. Forfeiture of Property | |
| 48. | Application for forfeiture order |
| 49. | Late entry of appearance |
| 50. | Making of forfeiture order |
| 51. | Notice of reasonable grounds that property is concerned in commission of offence or associated with terrorist and related activities [...Titla amended by Act 2004_033_027_20050211 Sch - was entitled "Notice of reasonable grounds that property is concerned in commission of offence"] |
| 52. | Exclusion of interests in property |
| 53. | Forfeiture order by default |
| 54. | Exclusion of interests in forfeited property |
| 55. | Appeal against forfeiture order |
| 56. | Effect of forfeiture order |
| 57. | Fulfilment of forfeiture order |
| Part. 4. General Provisions Relating to Preservation and Forfeiture of Property | |
| 58. | Offence may form the basis of multiple orders |
| 59. | Application of Chapter to deceased estates |
| 60. | Effect of death of joint owner of preserved property |
| 61. | Expedition of applications |
| 62. | Procedure and rules of court |
| CHAPTER 7. CRIMINAL ASSETS RECOVERY ACCOUNT | |
| 63. | Establishment of Criminal Assets Recovery Account |
| 64. | Finances of Account |
| 65. | Establishment of Committee |
| 66. | Conditions of service, remuneration, allowances and other benefits of certain members of Committee |
| 67. | Meetings of Committee |
| 68. | Objects of Committee |
| 69. | Powers and Functions of Committee |
| 69A. | Utilisation of Account and accountability [...inserted by Act 1999_024_037_19990428] |
| 70. | Other matters to be prescribed |
| CHAPTER 8. GENERAL PROVISIONS | |
| 71. | Access to information |
| 72. | Investigations |
| 73. | Sharing of information |
| 74. | Hearings of court to be open to public |
| 75. | Offences relating to misuse of information, failure to comply with order of court, and hindering person in performance of functions |
| 76. | Jurisdiction of courts |
| 77. | Regulations |
| 78. | Liability |
| 79. | Amendment and repeal of laws |
| 80. | Transitional arrangements |
| 81. | Short title and commencement |
| Sch. 1. | SCHEDULE 1. (SECTIONS 1, 38, 50, 51, 52, 54, 58 AND 73) |
| Sch. 2. | SCHEDULE 2. AMENDMENT TO SECTIONS OF THE DRUGS AND DRUG TRAFFICKING ACT, 1992 (Act NO. 140 of 1992) (SECTION 79) [...repealed by Act 1999_024_042_19990428, but replaced by Sch3 as renamed Sch2, by Act 1999_024_042] |
| Sch. 3. | SCHEDULE 3. AMENDMENT OF THE INTERNATIONAL CO-OPERATION IN CRIMINAL MATTERS ACT, 1996 (ACT 75 OF 1996) [...substituted by Act 1999_024_043_19990428 - was entitled "Amendment to Sections of the Drugs and Drug Trafficking Act, 1992 (Act No. 140 of 1992) (Section 79)"] |
Legislation Text Access Point
| Versions [To check whether a version has commenced, and how it was commenced, please see the Timeline for the Act, and the Annotated Text for the version.] |
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| As unamended Act 1998_121_000_19981204 | EXT.LINK | REQ.INFO | LINK |
| As amended by Act 1999_024_000_19990428 | N/A | REQ.INFO | LINK |
| As amended by Act 1999_038_000_19990907 | N/A | REQ.INFO | LINK |
| As amended by Act 2001_038_000_20011203 | N/A | REQ.INFO | LINK |
| As amended by Act 2004_012_000_20040428 | N/A | REQ.INFO | LINK |
| As amended by Act 2004_033_000_20050211 | N/A | REQ.INFO | LINK |
| As amended by Act 2007_032_000_20071214 | N/A | REQ.INFO | LINK |
| As amended by Act 2007_038_000_20071231 | N/A | REQ.INFO | LINK |
| As amended by Act 2013_007_000_20130729 | N/A | REQ.INFO | LINK |
| As amended by Act 2013_013_000_20130729 | N/A | REQ.INFO | LINK |
| As amended by Act 2015_018_000_20151215 | N/A | REQ.INFO | LINK |
| As amended by ... | N/A | REQ.INFO | LINK |
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