• Embed Doc
  • Copy Link
  • Readcast
  • Collections
  • CommentGo Back
Download
 
PREVENTION OF ORGANISED CRIME ACT 29 OF 2004
[ASSENTED TO 19 DECEMBER 2004] [DATE OF COMMENCEMENT: TO BE PROCLAIMED]
(Signed by the President)
ACTTo introduce measures to combat organised crime, money laundering and criminalgang activities; to prohibit certain activities relating to racketeering activities; toprovide for prohibition of money laundering and for an obligation to report certaininformation; to criminalise certain activities associated with gangs; to provide for therecovery of the proceeds of unlawful activities; to provide for the forfeiture of assetsthat have been used to commit an offence or assets that are the proceeds of unlawfulactivities; to provide for the establishment of a Criminal Assets Recovery Fund and aCriminal Assets Recovery Committee; to prohibit the smuggling of migrants andtrafficking in persons; to amend the International Co-operation in Criminal MattersAct, 2000 (Act 9 of 2000), and to provide for incidental matters.
(Signed by the President)
ARRANGEMENT OF SECTIONSCHAPTER 1PRELIMINARY
1Definitions and Interpretation
CHAPTER 2OFFENCES RELATING TO RACKETEERING ACTIVITIES
2Offences3Penalties
CHAPTER 3OFFENCES RELATING TO MONEY LAUNDERING
4Disguising unlawful origin of property5Assisting another to benefit from proceeds of unlawful activities6Acquisition, possession or use of proceeds of unlawful activities7Offences of corporations8Jurisdiction in respect of offences9Reporting of suspicion regarding proceeds of unlawful activities10Defence11Penalties
CHAPTER 4OFFENCES RELATING TO CRIMINAL GANG ACTIVITIESPART 1CRIMINAL GANG OFFENCES
12Gang related offences13Penalties14Interpretation of member of criminal gang
PART 2OTHER OFFENCES
15Trafficking in persons16Smuggling of migrants
CHAPTER 5CONFISCATION OF BENEFITS OF CRIMEPART 1APPLICATION OF CHAPTER
17Definitions and interpretation of Chapter 18Proceedings are civil, not criminal19Confiscation proceedings not affected by forfeiture20Realisable property21Value of property22Affected gifts23Conclusion of proceedings against defendant
 
PART 2RESTRAINT ORDERS
24Cases in which restraint order may be made25Restraint orders26Provision for expenses from restrained property27Variation or rescission of orders28Seizure of property subject to restraint order 29Appointment of 
curator bonis
in respect of property subject to restraint order 30Endorsement of title deed in respect of immovable property subject to restraint order 31Variation and rescission of certain orders suspended by appeal
PART 3CONFISCATION ORDERS
32Confiscation orders33Anti-disposal order by court34Value of proceeds of offences and related criminal activities35Statements relating to proceeds of offences and related criminal activities36Evidence relating to proceeds of offences and related criminal activities37Effect of confiscation order 38Payment of confiscation order 39Orders concerning payment of compensation40Application of amount paid in satisfaction of confiscation order 41Procedure where person absconds or dies42Order to remain in force pending appeal
PART 4REALISATION OF PROPERTY
43Realisation of property44Orders concerning realised property45Application of certain sums of money46Exercise of powers by High Court and
curator bonis
47Variation of confiscation orders48Effect of sequestration of estates on realisable property49Effect of winding-up of companies or other juristic persons on realisable property
CHAPTER 6FORFEITURE OF PROPERTY AND RELATED MATTERSPART 1INTRODUCTION
50Proceedings are civil, not criminal
PART 2PRESERVATION OF PROPERTY
51Preservation of property orders52Notice of preservation of property order 53Duration of preservation of property order 54Seizure of property subject to preservation of property order 55Appointment of 
curator bonis
in respect of property subject to a preservation of property order 56Endorsement of title deed in respect of immovable property subject to a preservation of property order 57Provision for expenses58Variation and rescission of orders
PART 3FORFEITURE OF PROPERTY
59Application for forfeiture order 60Failure to give notice61Making of forfeiture order 62Notice that property is concerned in commission of offence63Exclusion of interests in property64Forfeiture order by default65Protection of interests of third parties in forfeited property66Appeal against forfeiture order 67Effect of forfeiture order 68Fulfillment of forfeiture order 
 
PART 4GENERAL PROVISIONS RELATING TO PRESERVATION AND FORFEITURE OFPROPERTY
69Offence may form the basis of multiple orders70Forfeiture proceedings not affected by confiscation proceedings71Application of Chapter to deceased estates72Effect of death of joint owner of preserved property73Expedition of applications
CHAPTER 7CRIMINAL ASSETS RECOVERY FUND
74Establishment of Criminal Assets Recovery Fund75Finances of the Fund76Utilisation of Fund and accountability
CHAPTER 8CRIMINAL ASSETS RECOVERY COMMITTEE
77Establishment of Committee78Conditions of service and other benefits of certain members of Committee79Meetings of the Committee80Objects of the Committee81Functions and powers of Committee82Other matters to be prescribed
CHAPTER 9GENERAL PROVISIONS
83Investigations84Property tracking orders85Warrant to search for and seize tainted property86Powers conferred by warrant87Request for information88Sharing of information89Offences relating to misuse of information and other matters90Rules of court91Procedure for certain applications92Functions of 
curator bonis
93Staff member may take care of property94Costs95Taxation of costs96Maximum legal expenses97Jurisdiction in respect of sentence98Hearings of court to be open to public99Fugitives precluded from participating in proceedings100Regulations101Limitation of liability102Amendment of laws103Short title and commencementSchedule 1 - OffencesSchedule 2 - Amendment of International Co-operation in Criminal Matters Act, 2000
of 00

Leave a Comment

You must be to leave a comment.
Submit
Characters: ...
You must be to leave a comment.
Submit
Characters: ...