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Prevention of Organised Crime Act, 1998 (Act No. 121 of 1998)

Chapter 5 : Proceeds of Unlawful Activities

Part 1 : Application of Chapter

12. Definitions and interpretation of Chapter

 

(1) In this Chapter, unless the context indicates otherwise—

 

"affected gift" means any gift—

(a) made by the defendant concerned not more than seven years before the fixed date; or
(b) made by the defendant concerned at any time, if it was a gift—
(i) of property received by that defendant in connection with an offence committed by him or her or any other person; or
(ii) of property, or any part thereof, which directly or indirectly represented in that defendant's hands property received by him or her in that connection, whether any such gift was made before or after the commencement of this Act;

 

"confiscation order" means an order referred to in section 18(1);

 

"defendant" means a person against whom a prosecution for an offence has been instituted, irrespective of whether he or she has been convicted or not, and includes a person referred to in section 25(1)(b);

 

"fixed date" in relation to a defendant—

(a) if a prosecution for an offence has been instituted against the defendant, means the date on which such prosecution has been instituted; or
(b) if a restraint order has been made against the defendant, means the date of such restraint order,

whichever is the earlier date;

 

"realisable property" means property referred to in section 14;

 

"restraint order" means an order referred to in section 26(1);

 

(2) In this Chapter, except where it is inconsistent with the context or clearly inappropriate, any reference—
(a) to a person who holds property shall be construed as a reference to a person who has any interest in the property, and—
(i) if the estate of such person has been sequestrated, also to the trustee of his or her insolvent estate; or

[Section 12(2)(a)(i) amended by section 2 of Act No. 38 of 1999]

(ii) if such person is a company or other juristic person which is being wound up, also to the liquidator thereof;
(b) to a person who transfers property to any other person shall be construed as a reference to a person who transfers or grants to any other person any interest in the property;
(c) to anything received in connection with an offence shall be construed as a reference also to anything received both in that connection and in some other connection.

 

(3) For the purposes of this Chapter, a person has benefited from unlawful activities if he or she has at any time, whether before or after the commencement of this Act, received or retained any proceeds of unlawful activities.

[Section 12(3) amended by section 14(d) of Act No. 24 of 1999]