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Table of Contents
Prevention of Organised Crime Act, 1998 (Act No. 121 of 1998)
Notice No. 579 of 1998
Act
Preamble
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. [Repealed] Failure to report suspicion regarding proceeds of unlawful activities
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
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
Part 3 : Restraint Orders
24A. Order to remain in force pending appeal
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 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
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
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. Fulfillment 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
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 funcitions
76. Jurisdiction of courts
77. Regulations
78. Liability
79. Amendment and repeal of laws
80. Transitional arrangements
81. Short title and commencement
Schedules
Schedule 1 : Criminal Offences
Schedule 2 : Amendment to sections of the Drugs and Drug Trafficking Act, 1992 (Act No. 140 of 1992)
Schedule 3 : International Co-operation in Criminal Matters Act
Regulations
Prevention of Organised Crime Regulations
Notice No. R. 416 of 1999
1. Definitions
2. Tariff of fees payable to curator bonis
3. Person to whom suspicion regarding proceeds of unlawful activities to be reported
4. Nature of information and manner in which it is to be reported
5. Acknowledgement of receipt of report
6. Procedure at meetings of committee
6A. Notice in terms of section 51(3) of the Act
7. Title and repeal
Annexures
Form 1 : Report
Form 2 : Acknowledgement
Form 3 : Notice in terms of Section 51(3)
Minister
means the Minister of Justice.
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