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South Africa
NATIONAL LEGISLATION OVERVIEWS
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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

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
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As unamended Act 1998_121_000_19981204 EXT.LINK REQ.INFO LINK
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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
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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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