South Africa
Prevention of Organised Crime Act, 1998
Act 121 of 1998
- Published in Government Gazette 19553 on 4 December 1998
- Assented to on 24 November 1998
- Commenced on 21 January 1999 by Prevention of Organised Crime Act, 1998: Commencement
- [This is the version of this document from 1 June 2016.]
- [Amended by Prevention of Organised Crime Amendment Act, 1999 (Act 24 of 1999) on 28 April 1999]
- [Amended by Prevention of Organised Crime Second Amendment Act, 1999 (Act 38 of 1999) on 7 September 1999]
- [Amended by Financial Intelligence Centre Act, 2001 (Act 38 of 2001) on 3 February 2002]
- [Amended by Prevention and Combating of Corrupt Activities Act, 2004 (Act 12 of 2004) on 27 April 2004]
- [Amended by Protection of Constitutional Democracy against Terrorist and Related Activities Act, 2004 (Act 33 of 2004) on 20 May 2005]
- [Amended by Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007 (Act 32 of 2007) on 16 December 2007]
- [Amended by Criminal Law (Sentencing) Amendment Act, 2007 (Act 38 of 2007) on 31 December 2007]
- [Amended by Prevention and Combating of Torture of Persons Act, 2013 (Act 13 of 2013) on 29 July 2013]
- [Amended by Prevention and Combating of Trafficking in Persons Act, 2013 (Act 7 of 2013) on 9 August 2015]
- [Amended by Criminal Matters Amendment Act, 2015 (Act 18 of 2015) on 1 June 2016]
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
Any person who knows or ought reasonably to have known that property is or forms part of the proceeds of unlawful activities and—5. Assisting another to benefit from proceeds of unlawful activities
Any person who knows or ought reasonably to have known that another person has obtained the proceeds of unlawful activities, and who enters into any agreement with anyone or engages in any arrangement or transaction whereby—6. Acquisition, possession or use of proceeds of unlawful activities
Any person who—7. ***
[section 7 repealed by section 79 of Act 38 of 2001]7A. Defence
8. Penalties
Chapter 4
Offences relating to criminal gang activities
9. Gang related offences
10. Penalties
11. Interpretation of member of criminal gang
In considering whether a person is a member of a criminal gang for purposes of this Chapter the court may, have regard to the following factors, namely that such person—Chapter 5
Proceeds of unlawful activities
Part 1 – Application of Chapter
12. Definitions and interpretation of Chapter
13. Proceedings are civil, not criminal
14. Realizable property
15. Value of property
16. Gifts
17. Conclusion of proceedings against defendant
For the purposes of this chapter, the proceedings contemplated in terms of this chapter against a defendant shall be concluded when—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
Part 3 – Restraint orders
24A. Order to remain in force pending appeal
A restraint order and an order authorizing the seizure of the property concerned or other ancillary order which is in force at the time of any decision by the court in relation to the making of a confiscation order, shall remain in force pending the outcome of any appeal against the decision concerned.[section 24A inserted by section 3 of Act 38 of 1999]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
The noting of an appeal against a decision to vary or rescind any order referred to in sections 26(10), 28(3) and 29(7) shall suspend such a variation or rescission pending the outcome of the appeal.[section 29A added by section 5 of Act 38 of 1999]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 realizable property
36. Effect of winding-up of companies or other juristic persons on realizable property
Chapter 6
Civil recovery of property
Part 1 – Introduction
37. Proceedings are civil, not criminal
Part 2 – Preservation of property
38. Preservation of property orders
39. Notice of preservation of property orders
40. Duration of preservation of property orders
A preservation of property order shall expire 90 days after the date on which notice of the making of the order is published in the Gazette unless—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
52. Exclusion of interests in property
53. Forfeiture order by default
54. Exclusion of interests in forfeited property
55. Appeal against forfeiture order
Any preservation of property order and any order authorising the seizure of the property concerned or other ancillary order which is in force at the time of any decision regarding the making of a forfeiture order under section 50(1) shall remain in force pending the outcome of any appeal against the decision concerned.[section 55 substituted by section 11 of Act 38 of 1999]56. Effect of forfeiture order
57. Fulfillment of forfeiture order
Part 4 – General provisions relating to preservation and forfeiture of property
58. Offence may form the basis of multiple orders
The fact that a preservation of property order or a forfeiture order has been made on the basis of an offence referred to in Schedule 1 in which a specific person has been involved does not prevent the making of another or other preservation of property orders or forfeiture orders on the basis of the same offence.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
There is hereby established in the national revenue fund a separate account to be known as the Criminal Assets Recovery Account.64. Finances of Account
The account shall consist of—65. Establishment of Committee
66. Conditions of service, remuneration, allowances and other benefits of certain members of Committee
The members of the Committee appointed in terms of section 65(2)(c) shall, if appropriate, receive such remuneration, allowances and other employment benefits and shall be appointed on such terms and conditions and for such periods as may be prescribed.67. Meetings of Committee
68. Objects of Committee
The objects of the committee shall be—69. Powers and functions of Committee
The Committee may—69A. Utilisation of Account and accountability
70. Other matters to be prescribed
All other matters in connection with the Committee or arising from this Chapter shall be prescribed.Chapter 8
General provisions
71. Access to information
72. Investigations
Whenever the National Director has reason to believe that any person may be in possession of information relevant to the commission or intended commission of an alleged offence in terms of this act, or any person or enterprise may be in possession, custody or control of any documentary material relevant to such alleged offence, he or she may, prior to the institution of any civil or criminal proceeding, under written authority direct that a particular Director of Public Prosecutions shall have, in respect of a specific investigation, the power to institute an investigation in terms of the provisions of Chapter 5 of the National Prosecuting Authority Act, 1998.73. Sharing of information
Notwithstanding the provisions of section 4 of the Income Tax Act, 1962 (Act No. 58 of 1962), and with regard to any other secrecy provision in similar legislation, whenever any investigation is instituted in terms of this Act, including an investigation into any offence referred to in Schedule 1, and an investigation into the property, financial activities, affairs or business of any person, the Commissioner of the South African Revenue Services or any official designated by him or her for this purpose, shall be notified of such investigation with a view to mutual co-operation and the sharing of information.[section 73 substituted by section 38 of Act 24 of 1999]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
Any person generally or specifically authorised to perform any function in terms of this Act, shall not, in his or her personal capacity, be liable for anything done in good faith under this Act.79. Amendment and repeal of laws
80. Transitional arrangements
81. Short title and commencement
History of this document
01 June 2016 this version
Amended by
Criminal Matters Amendment Act, 2015
09 August 2015
29 July 2013
31 December 2007
16 December 2007
27 April 2004
03 February 2002
07 September 1999
28 April 1999
21 January 1999
04 December 1998
24 November 1998
Assented to
Cited documents 11
Act 11
1. | Criminal Procedure Act, 1977 | 3804 citations |
2. | Insolvency Act, 1936 | 3645 citations |
3. | Magistrates' Courts Act, 1944 | 2733 citations |
4. | Income Tax Act, 1962 | 1628 citations |
5. | Constitution of the Republic of South Africa, 1996 | 601 citations |
6. | Prevention and Combating of Corrupt Activities Act, 2004 | 377 citations |
7. | National Prosecuting Authority Act, 1998 | 210 citations |
8. | Rules Board for Courts of Law Act, 1985 | 198 citations |
9. | General Law Amendment Act, 1955 | 129 citations |
10. | Sexual Offences Act, 1957 | 88 citations |
Documents citing this one 1120
Gazette 907
Judgment 183
Act 24
1. | Pension Funds Act, 1956 | 1545 citations |
2. | Financial Intelligence Centre Act, 2001 | 766 citations |
3. | Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007 | 435 citations |
4. | Prevention and Combating of Corrupt Activities Act, 2004 | 377 citations |
5. | National Prosecuting Authority Act, 1998 | 210 citations |
6. | Refugees Act, 1998 | 171 citations |
7. | Child Justice Act, 2008 | 121 citations |
8. | Financial Sector Regulation Act, 2017 | 121 citations |
9. | Prevention and Combating of Trafficking in Persons Act, 2013 | 52 citations |
10. | Prevention and Combating of Torture of Persons Act, 2013 | 37 citations |
Government Notice 2
1. | Guidance Note 4: Suspicious transaction reporting, 2008 | |
2. | Prevention of Organised Crime Regulations, 1999 |
Guidance Note 2
By-law 1
1. | Credit Control and Debt Collection By-law, 2016 |
Law Reform Report 1
1. | Investigation into Legal Fees - Including Access to Justice and Other Interventions - Project 142 |
Subsidiary legislation
Title
|
Date
|
|
---|---|---|
Prevention of Organised Crime Regulations, 1999: Amendment | Government Notice R850 of 2000 | 1 September 2000 |
Prevention of Organised Crime Regulations, 1999 | Government Notice R416 of 1999 | 1 September 2000 |