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.
[Long title substituted by s. 27 (1) of Act 33 of 2004.
[Preamble amended by s. 13 of Act 38 of 1999 and by s. 27 (1) of Act 33 of 2004.
[S. 7 repealed by s. 79 of Act 38 of 2001.
[S. 7A inserted by s. 10 of Act 24 of 1999 and substituted by s. 79 of Act 38 of 2001.
[S. 24A inserted by s. 14 of Act 38 of 1999.
[S. 29A inserted by s. 14 of Act 38 of 1999.
[S. 51 substituted by s. 27 (1) of Act 33 of 2004.
[S. 69A inserted by s. 37 of Act 24 of 1999.
Schedule 1 [Schedule 1 substituted by s. 68 of Act 32 of 2007.
[Schedule 2 substituted by s. 2 (d) of Act 24 of 1999.
[Schedule 3 substituted by s. 2 (d) of Act 24 of 1999.
'Committee' means the Criminal Assets Recovery Committee established in terms of section 65; [Definition of 'Committee' substituted by s. 3 (a) of Act 24 of 1999.
'entity' has a corresponding meaning with the expression in section 1 of the Protection of Constitutional Democracy against Terrorist and Related Activities Act, 2004; [Definition of 'entity' inserted by s. 27 (1) of Act 33 of 2004.
'instrumentality of an offence' means any property which is concerned in the commission or suspected commission of an offence at any time before or after the commencement of this Act, whether committed within the Republic or elsewhere; [Definition of 'instrumentality of an offence', previously definition of 'Ainstrumentality of an offence', substituted by s. 3 (b) of Act 24 of 1999 and by s. 1 (a) of Act 38 of 1999.
'proceeds of unlawful activities' means any property or any service advantage, benefit or reward which was derived, received or retained, directly or indirectly, in the Republic or elsewhere, at any time before or after the commencement of this Act, in connection with or as a result of any unlawful activity carried on by any person, and includes any property representing property so derived; [Definition of 'proceeds of unlawful activities' amended by s. 3 (c) of Act 24 of 1999 and substituted by s. 1 (b) of Act 38 of 1999.
has provided financial or economic support to an entity in the commission or facilitation of an offence referred to in paragraph (a) ; Definition of 'property associated with terrorist and related activities' inserted by s.
of Act 33 of 2004.
'unlawful activity' means conduct which constitutes a crime or which contravenes any law whether such conduct occurred before or after the commencement of this Act and whether such conduct occurred in the Republic or elsewhere.
[Definition of 'unlawful activity' inserted by s. 1 (c) of Act 38 of 1999.
he or she fails to obtain information to confirm the existence of that fact.
the general knowledge, skill, training and experience that he or she in fact has.
[Sub-s. (3) amended by s. 3 (d) of Act 24 of 1999.
Nothing in Chapters 2, 3 and 4 shall be construed to limit prosecution under any other provision of the law.
any proceeds of unlawful activities were derived, received or retained, before the commencement of this Act.
[Sub-s. (5) added by s. 1 (d) of Act 38 of 1999.
[Sub-para. (i) substituted by s. 4 (a) of Act 24 of 1999. (ii) substituted by s. 4 (b) of Act 24 of 1999.
[Sub-para. (ii) substituted by s. 4 (c) of Act 24 of 1999.
(b) , (c) , (d) , (e) or (f) , within the Republic or elsewhere, shall be guilty of an offence.
The court may hear evidence, including evidence with regard to hearsay, similar facts or previous convictions, relating to offences contemplated in subsection (1), notwithstanding that such evidence might otherwise be inadmissible, provided that such evidence would not render a trial unfair.
For purposes of proving a previous conviction during a trial in respect of an offence contemplated in subsection (1), it shall be sufficient to prove the original record of judicial proceedings if a copy of such record, certified or purporting to be certified by the registrar or clerk of the court or other official having the custody of the record of such judicial proceedings or by the deputy of such registrar, clerk or other official or, in the case where judicial proceedings are taken down in shorthand or by mechanical means, by the person who transcribed such proceedings, as a true copy of such record, is produced in evidence at such trial, and such copy shall be prima facie proof that any matter purporting to be recorded thereon was correctly recorded.
A person shall only be charged with committing an offence contemplated in subsection (1) if a prosecution is authorised in writing by the National Director.
Any person convicted of an offence referred to in section 2 (1) shall be liable to a fine not exceeding R1 000 million, or to imprisonment for a period up to imprisonment for life.
[Sub-para. (ii) deleted by s. 8 (a) of Act 38 of 2007.
[Sub-s. (3) deleted by s. 8 (b) of Act 38 of 2007.
[Para. (i) substituted by s. 6 (b) of Act 24 of 1999.
to remove or diminish any property acquired directly, or indirectly, as a result of the commission of an offence, shall be guilty of an offence.
the said proceeds of unlawful activities are used to make funds available to the said other person or to acquire property on his or her behalf or to benefit him or her in any other way, shall be guilty of an offence.
[S. 5 amended by s. 7 of Act 24 of 1999.
has possession of, property and who knows or ought reasonably to have known that it is or forms part of the proceeds of unlawful activities of another person, shall be guilty of an offence.
[S. 6 substituted by s. 8 of Act 24 of 1999.
[S. 7 amended by s. 9 of Act 24 of 1999 and repealed by s. 79 of Act 38 of 2001.
If a person is charged with committing an offence under section 2 (1) (a) or (b) , 4, 5 or 6, that person may raise as a defence the fact that he or she had reported a knowledge or suspicion in terms of section 29 of the Financial Intelligence Centre Act, 2001.
those rules were not applicable to that person.
Any person convicted of an offence contemplated in section 4, 5 or 6 shall be liable to a fine not exceeding R100 million, or to imprisonment for a period not exceeding 30 years.
[Sub-s. (2) deleted by s. 79 of Act 38 of 2001.
threatens any specific person or persons in general, with retaliation in any manner or by any means whatsoever, in response to any act or alleged act of violence, shall be guilty of an offence.
intentionally causes, encourages, recruits, incites, instigates, commands, aids or advises another person to join a criminal gang, shall be guilty of an offence. [Sub-s. (2) amended by s. 11 of Act 24 of 1999.
section 9 (2) (b) or (c) , and if the offence was committed under circumstances referred to in subsection (2) shall be liable to a fine or to imprisonment for a period not exceeding five years.
If the offence contemplated in section 9 is committed on the premises or grounds of, or within 500 metres of a public or private school, or any other educational institution, during hours in which the facility is open for classes or school related programmes or when minors are using the facility, such fact shall be regarded as an aggravating circumstance.
[Sub-s. (2) substituted by s. 12 of Act 24 of 1999.
If a court, after having convicted an accused of any offence, other than an offence contemplated in this Chapter, finds that the accused was a member of a criminal gang at the time of the commission of the offence, such finding shall be regarded as an aggravating circumstance for sentencing purposes.
[Sub-s. (3) substituted by s. 12 of Act 24 of 1999.
[Para. (d) amended by s. 13 (b) of Act 24 of 1999.
is identified as a member of a criminal gang by physical evidence such as photographs or other documentation.
[Sub-para. (i) substituted by s. 2 of Act 38 of 1999.
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.
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.
[Sub-s. (3) substituted by s. 14 (d) of Act 24 of 1999.
For the purposes of this Chapter proceedings on application for a confiscation order or a restraint order are civil proceedings, and are not criminal proceedings.
The rules of evidence applicable in civil proceedings apply to proceedings on application for a confiscation order or a restraint order.
No rule of evidence applicable only in criminal proceedings shall apply to proceedings on application for a confiscation order or restraint order.
No rule of construction applicable only in criminal proceedings shall apply to proceedings on application for a confiscation order or restraint order.
Any question of fact to be decided by a court in any proceedings in respect of an application contemplated in this Chapter shall be decided on a balance of probabilities.
Property shall not be realisable property if a declaration of forfeiture is in force in respect thereof.
any property held by a person to whom that defendant has directly or indirectly made any affected gift.
where no other person holds an interest in the property, the market value of the property.
where subsection (3) applies, the value mentioned in that subsection, whichever is the greater value.
property which directly or indirectly represents in his or her hands the property which he or she received, the value concerned shall be the value of the property, in so far as it represents the property which he or she received, at the relevant time.
[Sub-s. (3) substituted by s. 15 of Act 24 of 1999.
For the purposes of this Chapter, a defendant shall be deemed to have made a gift if he or she has transferred any property to any other person directly or indirectly for a consideration the value of which is significantly less than the value of the consideration supplied by the defendant.
For the purposes of section 20 (2) the gift which a defendant is deemed to have made shall consist of that share in the property transferred by the defendant which is equal to the difference between the value of that property as a whole and the consideration received by the defendant in return.
the defendant satisfies the confiscation order made against him or her.
any criminal activity which the court finds to be sufficiently related to those offences, and, if the court finds that the defendant has so benefited, the court may, in addition to any punishment which it may impose in respect of the offence, make an order against the defendant for the payment to the State of any amount it considers appropriate and the court may make any further orders as it may deem fit to ensure the effectiveness and fairness of that order.
if the court is satisfied that the amount which might be realised as contemplated in section 20 (1) is less than the value referred to in paragraph (a) , shall, not exceed an amount which in the opinion of the court might be so realised.
the public prosecutor applies to the court to first sentence the defendant and the court is satisfied that it is reasonable and justifiable to do so in the circumstances.
If the judicial officer who convicted the defendant is absent or for any other reason not available, any judicial officer of the same court may consider an application referred to in subsection (1) and hold an enquiry referred to in that subsection and he or she may in such proceedings take such steps as the judicial officer who is absent or not available could lawfully have taken.
No application referred to in subsection (1) shall be made without the written authority of the National Director.
subject to subsection (1) (b) or (3) (b) of section 21, adjourn such proceedings to any day on such conditions not inconsistent with a provision of the Criminal Procedure Act, 1977 (Act 51 of 1977), as the court may deem fit.
Subject to the provisions of subsection (2), the value of a defendant's proceeds of unlawful activities shall be the sum of the values of the property, services, advantages, benefits or rewards received, retained or derived by him or her at any time, whether before or after the commencement of this Act, in connection with the unlawful activity carried on by him or her or any other person.
[Sub-s. (1) substituted by s. 16 (a) of Act 24 of 1999.
where a confiscation order has previously been made against the defendant leave out of account those proceeds of unlawful activities which are proved to the satisfaction of the court to have been taken into account in determining the amount to be recovered under that confiscation order.
less the sum of all obligations, if any, of the defendant having priority and which the court may recognise for this purpose. [Sub-s. (1) amended by s. 17 (a) of Act 24 of 1999.
the property which directly or indirectly represents in his or her hands the property which he or she received, the value concerned shall be the value of the property, in so far as it represents the property which he or she received, at the time.
where the defendant is a company or other juristic person, if such company or juristic person is at that time being wound up, would be payable in pursuance of any secured or preferent claim against the insolvent estate or against such company or juristic person, as the case may be.
A court shall not determine the amounts which might be realised as contemplated in subsection (1) unless it has afforded all persons holding any interest in the property concerned an opportunity to make representations to it in connection with the realisation of that property.
The public prosecutor may or, if so directed by the court, shall tender to the court a statement in writing under oath or affirmation by him or her or any other person in connection with any matter which is being enquired into by the court under section 18 (1), or which relates to the determination of the value of a defendant's proceeds of unlawful activities.
A copy of such statement shall be served on the defendant at least 14 days before the date on which that statement is to be tendered to the court.
The defendant may dispute the correctness of any allegation contained in a statement referred to in subsection (1) (a) , and if the defendant does so dispute the correctness of any such allegation, he or she shall state the grounds on which he or she relies.
In so far as the defendant does not dispute the correctness of any allegation contained in such statement, that allegation shall be deemed to be conclusive proof of the matter to which it relates.
A defendant may or, if so directed by the court, shall tender to the court a statement in writing under oath or affirmation by him or her or by any other person in connection with any matter which relates to the determination of the amount which might be realised as contemplated in section 20 (1).
A copy of such statement shall be served on the public prosecutor at least 14 days before the date on which that statement is to be tendered to the court.
The public prosecutor may admit the correctness of any allegation contained in a statement referred to in subsection (3) (a).
In so far as the public prosecutor admits the correctness of any allegation contained in such statement, that allegation shall be deemed to be conclusive proof of the matter to which it relates.
For the purposes of determining whether a defendant has derived a benefit in an enquiry under section 18 (1), if it is found that the defendant did not at the fixed date, or since the beginning of a period of seven years before the fixed date, have legitimate sources of income sufficient to justify the interests in any property that the defendant holds, the court shall accept this fact as prima facie evidence that such interests form part of such a benefit.
is held by the defendant as an advantage, payment, service or reward in connection with the offences or related criminal activities referred to in section 18 (1).
if the court finds that he or she has benefited from an offence and that expenditure had been incurred by him or her since the beginning of the period contemplated in paragraph (a) , the court shall accept these facts as prima facie evidence that any such expenditure was met out of the advantages, payments, services or rewards, including any property received by him or her in connection with the offences or related criminal activities referred to in section 18 (1) committed by him or her.
[Sub-s. (3) substituted by s. 18 (c) of Act 24 of 1999.
For the purpose of determining the value of any property in an enquiry under section 18 (1), if the court finds that the defendant received property at any time as an advantage, payment, service or reward in connection with the offences or related criminal activities referred to in that subsection committed by him or her or by any other person the court shall accept this fact as prima facie evidence that he or she received that property free of any other interest therein.
by a regional court shall have the effect of a civil judgment of the magistrate's court of the district in which the relevant trial took place.
the presiding judge may direct the registrar of that court to forward a certified copy of the confiscation order to the clerk of the magistrate's court designated by the presiding judge or, if no such court is designated, to the clerk of the magistrate's court within the area of jurisdiction of which the offence concerned was committed, and, on receipt of the said copy of the confiscation order the clerk of the magistrate's court concerned shall register the confiscation order whereupon it shall have the effect of a civil judgment of that magistrate's court.
there are reasonable grounds to believe that a confiscation order would have been made against him or her were it not for his or her continued absence, the court may, on the application by the National Director, enquire into any benefit the person may have derived from that offence.
Whenever a defendant who has been convicted of an offence dies before a confiscation order is made, the court may, on the application by the National Director, enquire into any benefit the person may have derived from that offence if the court is satisfied that there are reasonable grounds to believe that a confiscation order would have been made against him or her were it not for his or her death.
The executor of the estate of the deceased shall be entitled to appear before the court and make representations for purposes of the enquiry referred to in paragraph (a).
[Para. (a) substituted by s. 19 (a) of Act 24 of 1999.
authorise the realisation of the property concerned in terms of Part 4.
A court shall not exercise its powers under subsection (3) (a) and (c) unless it has afforded all persons having any interest in the property concerned an opportunity to make representations to it in connection with the making of such orders.
[Sub-s. (5) substituted by s. 19 (b) of Act 24 of 1999.
[Para. (a) substituted by s. 19 (c) of Act 24 of 1999.
acquitted of the offence in respect of which the order had been made, the court acquitting him or her may make an appropriate order.
A restraint order and an order authorising 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.
[S. 24A inserted by s. 3 of Act 38 of 1999.
it appears to the court that there are reasonable grounds for believing that a confiscation order may be made against such person.
Where the High Court has made a restraint order under subsection (1) (b) , that court shall rescind the restraint order if the relevant person is not charged within such period as the court may consider reasonable.
The National Director may by way of an ex parte application apply to a competent High Court for an order prohibiting any person, subject to such conditions and exceptions as may be specified in the order, from dealing in any manner with any property to which the order relates.
in respect of all property which, if it is transferred to such person after the making of the restraint order, would be realisable property.
A court to which an application is made in terms of subsection (1) may make a provisional restraint order having immediate effect and may simultaneously grant a rule nisi calling upon the defendant upon a day mentioned in the rule to appear and to show cause why the restraint order should not be made final.
If the defendant has been absent during a period of 21 days from his or her usual place of residence and from his or her business, if any, within the Republic, the court may direct that it shall be sufficient service of that rule if a copy thereof is affixed to or near the outer door of the buildings where the court sits and published in the Gazette , or may direct some other mode of service.
Upon application by the defendant, the court may anticipate the return day for the purpose of discharging the provisional restraint order if 24 hours' notice of such application has been given to the applicant contemplated in subsection (1).
A restraint order shall provide for notice to be given to persons affected by the order.
[Para. (b) deleted by s. 4 (a) of Act 38 of 1999.
[Sub-s. (5) deleted by s. 4 (b) of Act 38 of 1999.
for the reasonable legal expenses of such person in connection with any proceedings instituted against him or her in terms of this Chapter or any criminal proceedings to which such proceedings may relate, if the court is satisfied that the person whose expenses must be provided for has disclosed under oath all his or her interests in property subject to a restraint order and that the person cannot meet the expenses concerned out of his or her unrestrained property.
A High Court making a restraint order may also make such further order in respect of the discovery of any facts including facts relating to any property over which the defendant may have effective control and the location of such property as the court may consider necessary or expedient with a view to achieving the objects of the restraint order.
A High Court making a restraint order shall at the same time make an order authorising the seizure of all movable property concerned by a police official, and any other ancillary orders that the court considers appropriate for the proper, fair and effective execution of the order.
[Sub-s. (8) substituted by s. 4 (c) of Act 38 of 1999.
Property seized under subsection (8) shall be dealt with in accordance with the directions of the High Court which made the relevant restraint order. [Sub-s. (9) substituted by s. 20 (b) of Act 24 of 1999.
shall rescind the restraint order when the proceedings against the defendant concerned are concluded.
[Sub-s. (10) added by s. 4 (d) of Act 38 of 1999.
When a court orders the rescission of an order authorising the seizure of property in terms of subsection (10) (a) the court shall make such other order as it considers appropriate for the proper, fair and effective execution of the restraint order concerned.
[Sub-s. (11) added by s. 4 (d) of Act 38 of 1999.
In order to prevent any realisable property from being disposed of or removed contrary to a restraint order, any police official may seize any such property if he or she has reasonable grounds to believe that such property will be so disposed of or removed.
Property seized under subsection (1) shall be dealt with in accordance with the directions of the High Court which made the relevant restraint order.
order the person against whom the restraint order has been made to surrender forthwith, or within such period as that court may determine, any property in respect of which a curator bonis has been appointed under paragraph (a) , into the custody of that curator bonis.
for the variation of the terms of the appointment of the curator bonis concerned or for the discharge of that curator bonis.
by the State if no confiscation order is made.
where a confiscation order has been made, of an amount not exceeding the amount payable under the confiscation order, order the registrar of deeds concerned to endorse any one or more of the restrictions contemplated in subsection (2) on the title deed of the immovable property.
where the owner of that immovable property is a company or other juristic person which is being wound up, form part of the assets of such company or juristic person, if the owner of that immovable property has not made the payment referred to in that subsection to the State.
when the original of the title deed is produced to him or her, make the necessary endorsement thereon.
where the owner of the immovable property is a company or other juristic person, such company or juristic person is being wound up, in the person in whom the said custody would have vested if such a restriction were not so endorsed.
if the owner of the immovable property is a company or other juristic person which is being wound up, to have formed part of the assets of such company or juristic person as if such a restriction were not so endorsed.
Any person affected by an order contemplated in subsection (1) may at any time apply for the rescission of the order.
shall rescind the order if the relevant restraint order is rescinded or the amount payment of which is ensured by the order has with the consent of that court been paid into court.
If such order is rescinded, the High Court shall direct the registrar of deeds concerned to cancel any restriction endorsed by virtue of that order on the title deed of immovable property, and that registrar of deeds shall give effect to any such direction.
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.
[S. 29A inserted by s. 5 of Act 38 of 1999.
the proceedings against that defendant have not been concluded.
order any person who holds realisable property to surrender the said property forthwith into the custody of a curator bonis appointed under section 28 (1) (a) or under paragraph (a) of this subsection, as the case may be.
A High Court shall not exercise its powers under subsection (2) (b) unless it has afforded all persons known to have any interest in the property concerned an opportunity to make representations to it in connection with the realisation of that property.
has suffered damage to or loss of property or injury as a result of an offence or related criminal activity referred to in section 18 (1) which was committed by the defendant, the court may allow that person to make representations in connection with the realisation of that property.
has obtained a judgment against the defendant, in respect of that damage, loss or injury, the court may order that the curator bonis suspend the realisation of the whole or part of the realisable property concerned for the period that the court deems fit in order to satisfy such a claim or judgment and related legal expenses and may make such ancillary orders as it deems expedient.
[Para. (a) substituted by s. 21 of Act 24 of 1999.
the period determined under subsection (5) has expired, [Para. (b) substituted by s. 21 of Act 24 of 1999.
whichever occurs first, realise the realisable property concerned as contemplated in subsection (2).
in such proportions, as that court may, after affording such persons an opportunity to make representations to it in connection with the distribution of those sums of money, direct.
Without limiting the generality of subsection (1) such payment as the High Court may direct shall, for the purposes of that subsection, include any payment in respect of an obligation which was found to have priority in terms of section 20.
Immediately after letters of curatorship have been granted to a curator bonis appointed under this Chapter, the curator bonis shall take into his or her custody all the property in respect of which he or she was appointed, as well as any book, record or other document in the possession or custody or under the control of any person referred to in section 28 (1) (b) or 30 (2) (c) which relates to the said property.
Save as is otherwise provided in this Chapter, the provisions of the Administration of Estates Act, 1965 (Act 66 of 1965), shall with the necessary changes apply in respect of a curator bonis appointed under this Chapter.
be exercised with a view to allowing any person other than that defendant or the recipient of such gift to retain or recover the current value of any property held by him or her, and, except as provided in sections 20 (1) and 26 (6), any obligation of that defendant or the recipient of such gift which conflicts with the obligation to satisfy a confiscation order shall be left out of account.
The provisions of subsection (1) shall not be construed as prohibiting any High Court from making any additional order in respect of a debt owed to the State.
If the High Court is satisfied that the realisable property is inadequate for the payment of the balance of the amount to be recovered under a confiscation order against the defendant concerned, that court may, on the application of that defendant, issue a certificate to that effect stating the reasons for the court being so satisfied.
leave out of account any inadequacy in the realisable property which is in the opinion of that court wholly or partly attributable to anything done by the defendant for the purpose of preserving any property held by a person to whom the defendant had directly or indirectly made an affected gift from the risk of any realisation in terms of this Chapter.
If a certificate referred to in subsection (1) has been issued, the defendant may apply to the court which made the confiscation order against him or her for the reduction of the amount to be recovered under that confiscation order.
Such court or, if the judge or judicial officer concerned is not available, any judge or judicial officer of that court may substitute for the amount to be recovered under such confiscation order such lesser amount as that court may consider just in the circumstances of the case.
the proceeds of any realisable property realised by virtue of section 30 and for the time being in the hands of a curator bonis appointed under this Chapter, shall not vest in the Master of the High Court or trustee concerned, as the case may be.
[Para. (a) amended by s. 22 of Act 24 of 1999.
after the conclusion of the proceedings against the defendant, shall take into account any realisation of the property of such other person in terms of this Chapter.
in respect of any property which the trustee concerned is entitled to claim from the insolvent under section 23 of the Insolvency Act, 1936.
Nothing in the Insolvency Act, 1936, shall be construed as prohibiting any High Court or curator bonis appointed under this Chapter from exercising any power contemplated in subsection (3) in respect of any property or proceeds mentioned in subsection (1).
no proceeds of any realisable property realised by virtue of section 30 and for the time being in the hands of a curator bonis appointed under this Chapter, shall form part of the assets of any such company or juristic person.
Where an order mentioned in subsection (1) has been made in respect of a company or other juristic person or a resolution mentioned in that subsection has been registered in respect of such company or juristic person, the powers conferred upon a High Court by sections 26 to 31 and 33 (2) or upon a curator bonis appointed under this Chapter, shall not be exercised in respect of any property which forms part of the assets of such company or juristic person.
[Sub-s. (2) substituted by s. 23 of Act 24 of 1999.
Nothing in the Companies Act, 1973 (Act 61 of 1973), or any other law relating to juristic persons in general or any particular juristic person, shall be construed as prohibiting any High Court or curator bonis appointed under this Chapter from exercising any power contemplated in subsection (2) in respect of any property or proceeds mentioned in subsection (1).
where no such order has been made, the time of the registration of the resolution authorising the voluntary winding-up of the company or juristic person, as the case may be.
The provisions of section 35 (2) are with the necessary changes applicable to a company or juristic person who has directly or indirectly made an affected gift.
For the purposes of this Chapter all proceedings under this Chapter are civil proceedings, and are not criminal proceedings.
The rules of evidence applicable in civil proceedings apply to proceedings under this Chapter.
No rule of evidence applicable only in criminal proceedings shall apply to proceedings under this Chapter.
No rule of construction applicable only in criminal proceedings shall apply to proceedings under this Chapter.
The National Director may by way of an ex parte application apply to a High Court for an order prohibiting any person, subject to such conditions and exceptions as may be specified in the order, from dealing in any manner with any property.
is property associated with terrorist and related activities.
[Sub-s. (2) substituted by s. 27 (1) of Act 33 of 2004.
A High Court making a preservation of property order shall at the same time make an order authorising the seizure of the property concerned by a police official, and any other ancillary orders that the court considers appropriate for the proper, fair and effective execution of the order.
[Sub-s. (3) substituted by s. 6 of Act 38 of 1999.
Property seized under subsection (3) shall be dealt with in accordance with the directions of the High Court which made the relevant preservation of property order.
publish a notice of the order in the Gazette.
A notice under subsection (1) (a) shall be served in the manner in which a summons whereby civil proceedings in the High Court are commenced, is served.
Any person who has an interest in the property which is subject to the preservation of property order may enter an appearance giving notice of his or her intention to oppose the making of a forfeiture order or to apply for an order excluding his or her interest in the property concerned from the operation thereof.
the basis of the defence upon which he or she intends to rely in opposing a forfeiture order or applying for the exclusion of his or her interests from the operation thereof.
any other person, 14 days after the date upon which a notice under subsection (1) (b) was published in the Gazette.
the order is rescinded before the expiry of that period.
In order to prevent property subject to a preservation of property order from being disposed of or removed contrary to that order, any police official may seize any such property if he or she has reasonable grounds to believe that such property will be so disposed of or removed.
Property seized under subsection (1) shall be dealt with in accordance with the directions of the High Court which made the relevant preservation of property order.
order any person holding property subject to the preservation of property order to surrender forthwith, or within such period as that Court may determine, any such property into the custody of the curator bonis.
[Sub-s. (1) amended by s. 7 of Act 38 of 1999.
by the State if no forfeiture order is made.
A High Court which has made a preservation of property order in respect of immovable property may at any time, with a view to ensuring the effective execution of a subsequent order, order the registrar of deeds concerned to endorse any one or more of the restrictions referred to in subsection (2) on the title deed of the immovable property.
where the owner of that immovable property is a company or other corporate body which is being wound up, form part of the assets of such company or corporate body.
where the owner of the immovable property is a company or other corporate body, such company or corporate body is being wound up, in the person in whom the said custody would have vested if such a restriction were not so endorsed.
reasonable legal expenses of such a person in connection with any proceedings instituted against him or her in terms of this Act or any other related criminal proceedings.
the person has disclosed under oath all his or her interests in the property and has submitted to that Court a sworn and full statement of all his or her assets and liabilities.
Despite provision in a preservation of property order for the meeting of legal expenses out of any property to which the order applies, a legal expense is not to be met out of that property to the extent that the amount payable for any legal service concerned exceeds any prescribed maximum allowable cost for that service.
This section operates only to limit the amount of the legal expenses that a High Court may provide for under section 44 to be met out of property that is subject to a preservation of property order and does not limit or otherwise affect any entitlement of a legal practitioner to be paid or to recover for a legal service any amount that exceeds any applicable maximum.
the curator bonis , may apply to the High Court for an order under this section.
The curator bonis or the National Director must give notice of an application under this section to the person concerned.
On an application under this section, the High Court must order that the expenses be taxed as provided in the order.
the application, and any appeal arising out of it, are finally determined, or otherwise disposed of, other than by the making of such an order.
shall rescind the preservation of property order when the proceedings against the defendant concerned are concluded.
[Sub-s. (1) substituted by s. 8 (a) of Act 38 of 1999.
When a court orders the rescission of an order authorising the seizure of property under paragraph (a) of subsection (1) the court shall make such other order as it considers appropriate for the proper, fair and effective execution of the preservation of property order concerned. [Sub-s. (1A) inserted by s. 8 (b) of Act 38 of 1999.
for the discharge of the curator bonis.
Any person affected by an order in respect of immovable property may at any time apply for the rescission of the order.
shall rescind the order if the relevant preservation of property order is rescinded.
If an order in respect of immovable property is rescinded, the High Court shall direct the registrar of deeds concerned to cancel any restriction endorsed by virtue of that order on the title deed of immovable property, and that registrar of deeds shall give effect to any such direction.
The noting of an appeal against a decision to vary or rescind any order referred to in this section shall suspend such a variation or rescission pending the outcome of the appeal.
(aa) vary or rescind the order; (bb) vary the terms of the appointment of the curator bonis concerned; or (cc) discharge that curator bonis ; shall rescind the order and discharge the curator bonis concerned if the relevant preservation of property order is rescinded.
[Sub-s. (4) added by s. 8 (c) of Act 38 of 1999.
If a preservation of property order is in force the National Director, may apply to a High Court for an order forfeiting to the State all or any of the property that is subject to the preservation of property order.
to every person who entered an appearance in terms of section 39 (3). [Sub-s. (2) substituted by s. 26 of Act 24 of 1999.
A notice under subsection (2) shall be served in the manner in which a summons whereby civil proceedings in the High Court are commenced, is served.
varying the operation of the order in respect of that property, and may adduce evidence at the hearing of the application.
Any person who, for any reason, did not enter an appearance in terms of section 39 (3) may, within 14 days of him or her becoming aware of the existence of a preservation of property order, apply to the High Court for leave to enter such an appearance.
An application in terms of subsection (1) may be made before or after the date on which an application for a forfeiture order is made under section 48 (1), but shall be made before judgment is given in respect of such an application for a forfeiture order.
has an interest in the property which is subject to the preservation of property order.
may make any order to regulate the further participation of the applicant in proceedings concerning an application for a forfeiture order, which it deems appropriate.
An appearance entered after leave has been obtained under this section shall contain full particulars of the chosen address of the person who enters such appearance for the delivery of documents concerning further proceedings under this Chapter and shall be accompanied by an affidavit referred to in section 39 (5).
is property associated with terrorist and related activities. [Sub-s. (1) substituted by s. 27 (1) of Act 33 of 2004.
The High Court may, when it makes a forfeiture order or at any time thereafter, make any ancillary orders that it considers appropriate, including orders for and with respect to facilitating the transfer to the State of property forfeited to the State under such an order.
The absence of a person whose interest in property may be affected by a forfeiture order does not prevent the High Court from making the order.
The validity of an order under subsection (1) is not affected by the outcome of criminal proceedings, or of an investigation with a view to institute such proceedings, in respect of an offence with which the property concerned is in some way associated.
The Registrar of the Court making a forfeiture order must publish a notice thereof in the Gazette as soon as practicable after the order is made.
before such an application or appeal has been disposed of.
The National Director may apply to a judge in chambers or a magistrate for an order notifying a person having an interest in or control over property that there are reasonable grounds to believe that such property is an instrumentality of an offence referred to in Schedule 1 or is property associated with terrorist and related activities.
The judge or magistrate shall make an order referred to in subsection (1) if the judge or magistrate is satisfied that there are reasonable grounds to believe that the property concerned is an instrumentality of an offence referred to in Schedule 1 or property associated with terrorist and related activities.
When a judge or magistrate makes an order under subsection (1), the registrar of the High Court concerned or clerk of the magistrate's court for the district concerned shall issue a notice in the prescribed form to the person referred to in the order, informing him or her that there are reasonable grounds to believe that property in which he or she has an interest or over which he or she has control, is an instrumentality of an offence referred to in Schedule 1 or property associated with terrorist and related activities.
A notice issued under subsection (3) shall be served on the person concerned in the manner in which a summons whereby civil proceedings in the High Court are commenced is served.
[Para. (b) substituted by s. 29 (a) of Act 24 of 1999.
and when it makes a forfeiture order, make an order excluding certain interests in property which is subject to the order, from the operation thereof.
where the applicant had acquired the interest concerned after the commencement of this Act, that he or she neither knew nor had reasonable grounds to suspect that the property in which the interest is held is the proceeds of unlawful activities.
[Sub-s. (2) substituted by s. 9 of Act 38 of 1999.
where the offence concerned had occurred before the commencement of this Act, the applicant has since the commencement of this Act taken all reasonable steps to prevent the use of the property concerned as an instrumentality of an offence referred to in Schedule 1 or property associated with terrorist and related activities.
[Sub-s. (2A) added by s. 9 of Act 38 of 1999 and substituted by s. 27 (1) of Act 33 of 2004.
If an applicant for an order under subsection (1) adduces evidence to show that he or she did not know or did not have reasonable grounds to suspect that the property in which the interest is held, is an instrumentality of an offence referred to in Schedule 1 or property associated with terrorist and related activities, the State may submit a return of the service on the applicant of a notice issued under section 51 (3) in rebuttal of that evidence in respect of the period since the date of such service.
If the State submits a return of the service on the applicant of a notice issued under section 51 (3) as contemplated in paragraph (a) , the applicant for an order under subsection (1) must, in addition to the facts referred to in subsection (2) (a) and (2) (b) (i), also prove on a balance of probabilities that, since such service, he or she has taken all reasonable steps to prevent the further use of the property concerned as an instrumentality of an offence referred to in Schedule 1 or property associated with terrorist and related activities.
[Sub-s. (3) substituted by s. 27 (1) of Act 33 of 2004.
A High Court making an order for the exclusion of an interest in property under subsection (1) may, in the interest of the administration of justice or in the public interest, make that order upon the conditions that the Court deems appropriate including a condition requiring the person who applied for the exclusion to take all reasonable steps, within a period that the Court may determine, to prevent the future use of the property as an instrumentality of an offence referred to in Schedule 1 or property associated with terrorist and related activities.
[Sub-s. (4) substituted by s. 27 (1) of Act 33 of 2004.
The High Court may, before making an order in terms of subsection (1), call upon the National Director to adduce such further evidence, either in writing or orally, in support of his or her application as the Court may consider necessary.
Any person whose interest in the property concerned is affected by the forfeiture order or other order made by the Court under subsection (1) may, within 20 days after he or she has acquired knowledge of such order or direction, set the matter down for variation or rescission by the court.
The court may, upon good cause shown, vary or rescind the default order or give some other direction on such terms as it deems appropriate.
Any person affected by a forfeiture order who was entitled to receive notice of the application for the order under section 48 (2), but did not receive such notice, may, within 45 days after the notice of the making thereof is published in the Gazette , apply for an order excluding his or her interest in the property concerned from the operation of the order, or varying the operation of the order in respect of such property.
the relief sought.
The hearing of the application shall, to the extent practicable and consistent with the interests of justice be held within 30 days of the filing of the application.
The High Court may consolidate the hearing of the application with a hearing of any other application filed by a person under this section.
At the hearing, the applicant may testify and present evidence and witnesses on his or her own behalf, and may cross-examine any witness who appears at the hearing.
The National Director or the curator bonis concerned, or a person authorised in writing thereto by them, may present evidence and witnesses in rebuttal and in defence of their claim to the property and may cross-examine a witness who appears at the hearing.
In addition to the testimony and evidence presented at the hearing, the High Court may, upon application by the National Director or the curator bonis concerned, or a person authorised in writing thereto by them, order that the testimony of any witness relating to the property forfeited, be taken by commission and that any book, paper, document, record, recording, or other material not privileged be produced at the taking down of such testimony by commission.
[Sub-s. (8) substituted by s. 10 of Act 38 of 1999.
[Sub-s. (8A) inserted by s. 10 of Act 38 of 1999 and substituted by s. 27 (1) of Act 33 of 2004.
gives false evidence knowing that evidence to be false or not believing it to be true, he or she shall be guilty of an offence.
When a person who furnishes an affidavit under subsection (2) makes a false statement in the affidavit knowing that statement to be false or not believing it to be true, he or she shall be guilty of an offence.
A person convicted of an offence under this subsection shall be liable to the penalty prescribed by law for perjury.
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.
[S. 55 substituted by s. 11 of Act 38 of 1999.
Where a High Court has made a forfeiture order and a curator bonis has not been appointed in respect of any of the property concerned, the High Court may appoint a curator bonis to perform any of the functions referred to in section 57 in respect of such property.
[Sub-s. (1) substituted by s. 32 of Act 24 of 1999.
On the date when a forfeiture order takes effect the property subject to the order is forfeited to the State and vests in the curator bonis on behalf of the State.
Upon a forfeiture order taking effect the curator bonis may take possession of that property on behalf of the State from any person in possession, or entitled to possession, of the property.
Any right or interest in forfeited property not exercisable by or transferable to the State, shall expire and shall not revert to the person who has possession, or was entitled to possession, of the property immediately before the forfeiture order took effect.
No person who has possession, or was entitled to possession, of forfeited property immediately before the forfeiture order took effect, or any person acting in concert with, or on behalf of that person, shall be eligible to purchase forfeited property at any sale held by the curator bonis.
[Sub-s. (4) deleted by s. 33 (b) of Act 24 of 1999.
The expenses incurred in connection with the forfeiture and the sale, including expenses of seizure, maintenance and custody of the property pending its disposition, advertising and court costs shall be defrayed out of moneys appropriated by Parliament for that purpose.
dispose of property forfeited under section 56 (2) by sale or any other means and deposit the proceeds of the sale or disposition into the Account.
[Sub-s. (1) substituted by s. 33 (a) of Act 24 of 1999.
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.
Any notice authorised or required to be given to a person under this Chapter is, in the case of a deceased person, sufficiently given to the executor of that person's estate.
A reference in this Chapter to property of a person is, in the case of a person who is deceased, a reference to property that the person held immediately before his or her death.
on evidence adduced concerning the activities of a person who is deceased.
If a person has an interest in property as joint owner of the property, the person's death after a preservation of property order is made in respect of the interest does not, while the order is in force, operate to vest the interest in the surviving joint owner or owners and the preservation of property order continues to apply to the interest as if the person had not died.
A forfeiture order made in respect of that interest applies as if the order took effect in relation to the interest immediately before the person died.
Subsection (1) does not apply to an interest in property if a preservation of property order ceases to apply to that interest without a forfeiture order being made in respect of that interest.
In any application instituted under this Chapter by the State, the National Director may file with the Registrar of the High Court concerned a certificate stating that in his or her opinion the case is of general public importance.
A copy of that certificate shall be furnished immediately by such Registrar to the Judge President of the High Court concerned or in his or her absence to the Acting Judge President or the Deputy Judge President of that Court.
Upon receipt of such copy, such Judge President, Acting Judge President or Deputy Judge President, as the case may be, shall designate immediately a judge of that High Court to hear and determine the application.
the magistrate's court regulating the proceedings referred to in section 51.
[Para. (b) substituted by s. 34 of Act 24 of 1999.
In the absence of such rules the provisions of the Supreme Court, 1959 (Act 59 of 1959), and the rules made under section 43 of that Act and the provisions of the Magistrates' Court Act, 1944 (Act 32 of 1944), and the rules made under section 6 of the Rules Board for Courts of Law Act, 1985 (Act 107 of 1985), as the case may be, shall, with the necessary changes, apply in relation to proceedings in terms of such hearing except in so far as those rules are inconsistent with procedures prescribed in this Chapter.
There is hereby established in the National Revenue Fund a separate account to be known as the Criminal Assets Recovery Account.
all moneys derived from the fulfilment of confiscation and forfeiture orders contemplated in Chapters 5 and 6; [Para. (a) substituted by s. 35 (a) of Act 24 of 1999.] (a A) all property derived from the fulfilment of forfeiture orders as contemplated in section 57; [Para. (a A) inserted by s. 35 (b) of Act 24 of 1999.
[Para. (c) substituted by s. 35 (c) of Act 24 of 1999.
[Para. (e) substituted by s. 35 (d) of Act 24 of 1999.
all property or moneys transferred to the Account in terms of this Act. [Para. (f) substituted by s. 35 (e) of Act 24 of 1999.
There is hereby established a Committee to be known as the Criminal Assets Recovery Committee.
if necessary, two other persons designated by the Minister.
The members of the Committee may designate an alternate to attend a meeting of the Committee in their place.
The Committee shall designate one of its members as deputy chairperson of the Committee, and when the chairperson is not available, the deputy chairperson shall act as chairperson.
The members of the Committee appointed in terms of section 65 (2) (e) 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.
A meeting of the Committee shall be held at a time and place determined by the chairperson.
The procedure, including the manner in which decisions shall be taken, to be followed at meetings of the Committee and the manner in which the Committee shall conduct its affairs shall be determined by the Committee, if such procedure is not prescribed.
[Para. (b) substituted by s. 27 (1) of Act 33 of 2004.
to advise Cabinet in connection with the rendering of financial assistance to any other institution, organisation or fund established with the object to render assistance in any manner to victims of crime. (c) substituted by s. 36 (b) of Act 24 of 1999.
exercise such powers and perform such functions as may be conferred or imposed upon it by regulations as may be necessary or expedient for or incidental to the achievement of its objects or the powers and functions referred to in paragraphs (a) , (b) , (c) and (d).
the administration of the Account.
All amounts of money withdrawn, or property allocated, from the Account under subsection (1) shall be so withdrawn or allocated as a direct charge against the National Revenue Fund.
the Minister shall forthwith cause all particulars of such allocation to be tabled in Parliament.
Property or money allocated under subsection (1) may not be utilised for any other purpose than that specified in terms of paragraph (a) (i).
No allocation of property or money shall be made under subsection (1) to an institution, organisation or fund contemplated in section 68 (c) unless an accounting officer for that institution, organisation or fund is appointed or designated for such institution, organisation or fund.
An accounting officer appointed or designated under subsection (4) shall be charged with the responsibility of accounting for all money allocated under subsection (1), the acquisition, receipt, custody and disposal of all property so allocated and all payments made by him or her in respect of the purpose for which the allocation had been made.
The Committee may, after consultation with the Treasury and the Auditor-General, in such manner as it deems necessary, issue guidelines to accounting officers appointed or designated under subsection (4) in connection with the systems of book-keeping and accounting to be followed by them.
Accounting by a law enforcement agency or institution, organisation or fund for property and money allocated to it from the Account under subsection (1) shall be done separately from accounting for money and property received from any other source.
The Auditor-General shall audit the books of accounts, accounting statements, financial statements and financial management of each law enforcement agency or institution, organisation or fund to which property or money had been allocated under subsection (1) in respect of that allocation, and the provisions of section 6 of the Auditor-General Act, 1989 (Act 52 of 1989), shall apply in respect of any such audit.
to the Committee.
All other matters in connection with the Committee or arising from this Chapter shall be prescribed.
The provisions of subsection (1) shall not be construed as prohibiting any Minister by whom or any other departmental or institutional authority by which, or under the control of whom or which, any law referred to in that subsection is administered, or any board, institution or body established by or under any such law, from making any practical and reasonable procedural arrangements with regard to the furnishing of such information or the granting of the access contemplated in that subsection and according to which the information or access shall be furnished or granted or with regard to any reasonable safeguards which any such Minister, authority, board, institution, body or person, subject to the provisions of subsection (3), requires to maintain the confidentiality of such information, registers, records, documents or electronic data.
when required to do so by an order of a court of law.
Any person who contravenes paragraph (a) shall be guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding 20 years.
from permitting any person to have access to any registers, records or other documents, or electronic data which have a bearing on the said activities, affairs or business, furnish the National Director with such information and permit the National Director to have access to any registers, records, documents, and electronic data, which may contain such information.
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.
Notwithstanding the provisions of section 4 of the Income Tax Act, 1962 (Act 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.
[S. 73 substituted by s. 38 of Act 24 of 1999.
(a) Subject to the provisions of this section, the hearings of the court contemplated in this Act, except for ex parte applications, shall be open to the public.
there is a likelihood that harm may ensue to any person as a result of the proceedings being open, it may direct that such proceedings be held behind closed doors and that the public or any category thereof shall not be present at such proceedings or any part thereof.
An application for proceedings to be held behind closed doors may be brought by the National Director, the curator bonis referred to in section 28 or 42 and any other person referred to in paragraph (b) (ii), and such application shall be heard behind closed doors.
[Para. (c) substituted by s. 39 of Act 24 of 1999.
The High Court may at any time review its decision with regard to the question whether or not the proceedings shall be held behind closed doors.
Provided that the High Court may authorise the publication of so much information as it considers would be just and equitable.
Any person who discloses any information in contravention of subsection (2) shall be guilty of an offence and liable on conviction to a fine, or to imprisonment for a period not exceeding two years.
that an investigation is being, or may be, conducted as a result of such a disclosure, directly or indirectly alerts, or brings information to the attention of another person which will or is likely to prejudice such an investigation, shall be guilty of an offence.
Any person who intentionally refuses or fails to comply with an order of court made in terms of Chapter 5 or 6, shall be guilty of an offence.
Any person who hinders a curator bonis , a police official or any other person in the exercise, performance or carrying out of his or her powers, functions or duties under Chapter 5 or 6, shall be guilty of an offence.
subsection (3) shall be liable to a fine, or to imprisonment for a period not exceeding two years.
A regional court shall have penal jurisdiction to impose any penalty mentioned in section 8 or 71 (3) (b) , even though that penalty may exceed the penal jurisdiction of that court.
[Sub-s. (1) substituted by s. 40 of Act 24 of 1999.
A magistrate's court shall have penal jurisdiction to impose any penalty mentioned in section 10, even though that penalty may exceed the penal jurisdiction of that court.
A magistrate's court or regional court shall have jurisdiction to make any order referred to in section 18 (1), even though the amount payable under that order may exceed the civil jurisdiction of a magistrate's court or regional court.
[Paras. (b) and (c) deleted by s. 79 of Act 38 of 2001.
providing for any matter which he or she may consider necessary or expedient to prescribe or to regulate in order to achieve the objects of this Act.
Regulations under subsection (1) (a) may prescribe costs by applying, adopting or incorporating, with or without modification, the provisions of any act or any instrument made under an act or of any other publication, whether of the same or a different kind, as in force on a particular day or as in force for the time being.
Any regulation made under this section, which may result in financial expenditure for the state shall be made in consultation with the Minister of Finance.
Any regulation made under this section may provide that any person who contravenes a provisions thereof or fails to comply therewith, shall be guilty of an offence and on conviction be liable to a fine or to imprisonment for a period not exceeding three years.
Any regulation made under this section shall, before publication thereof in the Gazette , be submitted to Parliament.
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.
The International Co-operation in Criminal Matters Act, 1996 (Act 75 of 1996), is hereby amended to the extent set out in Schedule 2.
The Drugs and Drug Trafficking Act, 1992 (Act 140 of 1992), is hereby amended to the extent setout in Schedule 3.
The Proceeds of Crime Act, 1996 (Act 76 of 1996), is hereby repealed.
The person designated for purposes of section 31 of the Proceeds of Crime Act, 1996 (Act 76 of 1996), and any curator bonis , trustee or other functionary appointed in terms of the provisions of that Act shall, at the commencement of this Act, be deemed to have been duly designated or appointed to the corresponding position under this Act and shall continue to hold office in accordance with the applicable laws.
All proceedings which immediately before the commencement of this Act were instituted in terms of the provisions of the Proceeds of Crime Act, 1996, and which proceedings were pending before any court of law or reviewing authority shall be dealt with as if this Act had not been passed.
An investigation, or prosecution or other legal proceedings, in respect of conduct which would have constituted an offence under the Proceeds of Crime Act, 1996, and which occurred after the commencement of that Act but before the commencement of this Act, may be instituted and continued as if this Act had not been passed.
[Sub-s. (3) added by s. 12 of Act 38 of 1999.
This Act shall be called the Prevention of Organised Crime Act, 1998, and shall come into operation on a date fixed by the President in the Gazette.
[Schedule 1 amended by s. 36 (1) of Act 12 of 2004 and by s. 27 (1) of Act 33 of 2004 and substituted by s. 68 of Act 32 of 2007.
any conspiracy, incitement or attempt to commit any offence referred to in this Schedule.
[Schedule 2 repealed and substituted by Schedule 3 by s. 42 of Act 24 of 1999.
the deletion of the definition of 'proceeds'.
The repeal of section 6.
The repeal of section 7.
from permitting any person to have access to any registers, records or other documents which have a bearing on the said affairs or business, disclose to any attorney-general or designated officer such information as he or she may consider necessary for the prevention or combatting, whether in the Republic or elsewhere, of a drug offence'.
The amendment of section 10 by the deletion of subsection (2).
[Schedule 3 added by s. 43 of Act 24 of 1999.
' "restraint order" means a restraint order or preservation of property order made under the Prevention of Organised Crime Act, 1998 (Act 121 of 1998);'.
To amend the Prevention of Organised Crime Act, 1998, so as to effect certain textual improvements; to further regulate the Criminal Assets Recovery Account; and to provide for matters connected therewith.
1 Amends in the Afrikaans text of the Preamble to the Prevention of Organised Crime Act 121 of 1998 by inserting a heading.
2 Amends the Index to the Prevention of Organised Crime Act 121 of 1998 , as follows: paragraph (a) substitutes in the Afrikaans text in item 21 the expression 'onregmatige aktiwiteite' for the expression 'misdaad'; paragraph (b) substitutes in the Afrikaans text the heading 'EIENDOMSINSTANDHOUDINGSBEVELE' for the heading 'INSTANDHOUDING VAN EIENDOM'; paragraph (c) substitutes in the Afrikaans text in item 61 the expression 'aansoeke' for the expression 'gedinge'; and paragraph (d) substitutes the reference to Schedules 2 and 3.
3 Amends section 1 of the Prevention of Organised Crime Act 121 of 1998 , as follows: paragraph (a) substitutes in subsection (1) the definition of 'Committee'; paragraph (b) substitutes in subsection (1) the definition of 'Instrumentality of an offence' for the definition of 'Ainstrumentality of an offence'; paragraph (c) substitutes in subsection (1) in the definition of 'proceeds of unlawful activities' the words preceding paragraph (a) ; and paragraph (d) substitutes in subsection (3) the words preceding paragraph (a).
4 Amends section 2 (1) of the Prevention of Organised Crime Act 121 of 1998 , as follows: paragraph (a) substitutes paragraph (a) (i) and (ii); paragraph (b) substitutes paragraph (b) (ii); paragraph (c) substitutes paragraph (c) (ii); and paragraph (d) inserts the word 'or' after paragraph (f).
5 Amends section 3 of the Prevention of Organised Crime Act 121 of 1998 , as follows: paragraph (a) substitutes in the Afrikaans text subsection (1); and paragraph (b) substitutes in the Afrikaans text of subsection (2) the words preceding paragraph (a).
6 Amends section 4 of the Prevention of Organised Crime Act 121 of 1998 , as follows: paragraph (a) substitutes in the Afrikaans text the words preceding paragraph (a) ; and paragraph (b) substitutes paragraph (i).
7 Amends section 5 of the Prevention of Organised Crime Act 121 of 1998 by substituting the words preceding paragraph (a).
8 Substitutes section 6 of the Prevention of Organised Crime Act 121 of 1998.
(a) ; and paragraph (f) substitutes subsection (6) in the Afrikaans text.
10 Inserts section 7A in the Prevention of Organised Crime Act 121 of 1998.
11 Amends section 9 (2) of the Prevention of Organised Crime Act 121 of 1998 by substituting the words following paragraph (c).
12 Amends section 10 of the Prevention of Organised Crime Act 121 of 1998 by substituting subsections (2) and (3).
13 Amends section 11 of the Prevention of Organised Crime Act 121 of 1998 , as follows: paragraph (a) substitutes paragraph (c) in the Afrikaans text; and paragraph (b) substitutes in paragraph (d) the expression 'activities' for the expression 'activity'.
14 Amends section 12 of the Prevention of Organised Crime Act 121 of 1998 , as follows: paragraph (a) inserts after subsection (1) (i) (a) the word 'or'; paragraph (b) inserts after subsection (1) (iv) (a) the word 'or'; paragraph (c) substitutes in the Afrikaans text in subsection (2) (a) (i) the expression 'eksekuteur' for the expression 'kurator'; and paragraph (d) substitutes subsection (3).
15 Amends section 15 of the Prevention of Organised Crime Act 121 of 1998 by substituting subsection (3).
16 Amends section 19 of the Prevention of Organised Crime Act 121 of 1998 , as follows: paragraph (a) substitutes subsection (1); paragraph (b) substitutes in the Afrikaans text subsection (2) (a) (ii); and paragraph (c) substitutes in the Afrikaans text of subsection (2) (b) the expression 'moet' for the expression 'moes'.
17 Amends section 20 of the Prevention of Organised Crime Act 121 of 1998 , as follows: paragraph (a) substitutes in subsection (1) the words preceding paragraph (a) ; and paragraph (b) inserts the word 'of' in the Afrikaans text after subsection (4) (a) (ii).
18 Amends section 22 of the Prevention of Organised Crime Act 121 of 1998 , as follows: paragraph (a) substitutes in the Afrikaans text of subsection (1) the expression 'belang' for the expression 'belange'; paragraph (b) substitutes in the Afrikaans text of subsection (2) the words preceding paragraph (a) ; paragraph (c) substitutes subsection (3); and paragraph (d) deletes in the Afrikaans text of subsection (4) the words 'of deel daarvan'.
19 Amends section 24 of the Prevention of Organised Crime Act 121 of 1998 , as follows: paragraph (a) substitutes subsection (3) (a) ; paragraph (b) substitutes subsection (5); and paragraph (c) substitutes subsection (6) (a).
20 Amends section 26 of the Prevention of Organised Crime Act 121 of 1998 , as follows: paragraph (a) substitutes in the Afrikaans text subsection (6) (b) ; and paragraph (b) substitutes subsection (9).
21 Amends section 30 (6) of the Prevention of Organised Crime Act 121 of 1998 by substituting paragraphs (a) and (b).
22 Amends section 35 (2) (a) of the Prevention of Organised Crime Act 121 of 1998 by substituting the words preceding subparagraph (i).
23 Amends section 36 of the Prevention of Organised Crime Act 121 of 1998 by substituting subsection (2).
24 Amends section 44 of the Prevention of Organised Crime Act 121 of 1998 by substituting subsection (1) in the Afrikaans text.
25 Amends in the Afrikaans text section 47 (1) (a) of the Prevention of Organised Crime Act 121 of 1998 by substituting in the Afrikaans text subparagraph (ii).
26 Amends section 48 of the Prevention of Organised Crime Act 121 of 1998 by substituting subsection (2).
27 Amends in the Afrikaans text section 49 (4) of the Prevention of Organised Crime Act 121 of 1998 by substituting paragraph (a).
28 Amends in the Afrikaans section 50 (2) of the Prevention of Organised Crime Act 121 of 1998 by substituting the expression 'fasilitering' for the expression 'tegeldemaking'.
29 Amends section 52 of the Prevention of Organised Crime Act 121 of 1998 , as follows: paragraph (a) substitutes subsection (1) (b) ; and paragraph (b) substitutes subsection (4) in the Afrikaans text.
30 Amends section 53 of the Prevention of Organised Crime Act 121 of 1998 , as follows: paragraph (a) substitutes in the Afrikaans text subsection (1) (b) ; and paragraph (b) substitutes in the Afrikaans text subsection (4).
31 Amends section 54 of the Prevention of Organised Crime Act 121 of 1998 , as follows: paragraph (a) substitutes in the Afrikaans text subsection (3); paragraph (b) substitutes in the Afrikaans text subsection (6); and paragraph (c) substitutes in the Afrikaans text subsection (9) (c).
32 Amends section 56 of the Prevention of Organised Crime Act 121 of 1998 by substituting subsection (1).
33 Amends section 57 of the Prevention of Organised Crime Act 121 of 1998 , as follows: paragraph (a) substitutes subsection (1); and paragraph (b) deletes subsection (4).
34 Amends section 62 (1) of the Prevention of Organised Crime Act 121 of 1998 by substituting paragraph (b).
35 Amends section 64 of the Prevention of Organised Crime Act 121 of 1998 , as follows: paragraph (a) substitutes paragraph (a) ; paragraph (b) inserts paragraph (a A) ; paragraph (c) substitutes paragraph (c) ; paragraph (d) substitutes paragraph (e) ; and paragraph (e) substitutes paragraph (f).
36 Amends section 69 of the Prevention of Organised Crime Act 121 of 1998 , as follows: paragraph (a) substitutes paragraph (b) ; and paragraph (b) substitutes paragraph (c).
37 Inserts section 69A in the Prevention of Organised Crime Act 121 of 1998.
38 Substitutes section 73 of the Prevention of Organised Crime Act 121 of 1998.
39 Amends section 74 (1) of the Prevention of Organised Crime Act 121 of 1998 by substituting paragraph (c).
40 Amends section 76 of the Prevention of Organised Crime Act 121 of 1998 by substituting subsection (1).
41 Amends in the Afrikaans text section 80 of the Prevention of Organised Crime Act 121 of 1998 by substituting subsection (1).
42 Repeals Schedule 2 to the Prevention of Organised Crime Act 121 of 1998 , the existing Schedule 3 becoming Schedule 2.
43 Adds Schedule 3 to the Prevention of Organised Crime Act 121 of 1998.
This Act shall be called the Prevention of Organised Crime Amendment Act, 1999.
To amend the Prevention of Organised Crime Act, 1998, so as to make it clear that the provisions of Chapters 3, 5 and 6 are applicable in respect of instrumentalities of offences and proceeds of unlawful activities where such offences or unlawful activities occurred before the commencement of the Act; to amend certain definitions; to further regulate the seizure of certain property and the making of orders ancillary to restraint orders and preservation of property orders; to further regulate appeals against certain orders; to further regulate the exclusion of interests in property; to further regulate transitional arrangements; and to provide for matters connected therewith.
1 Amends section 1 of the Prevention of Organised Crime Act 121 of 1998 , as follows: paragraph (a) substitutes in subsection (1) the definition of 'instrumentality of an offence'; paragraph (b) substitutes in subsection (1) the definition of 'proceeds of unlawful activities'; paragraph (c) inserts in subsection (1) the definition of 'unlawful activity'; and paragraph (d) adds subsection (5).
2 Amends section 12 (2) (a) of the Prevention of Organised Crime Act 121 of 1998 by substituting subparagraph (i).
3 Inserts section 24A in the Prevention of Organised Crime Act 121 of 1998.
4 Amends section 26 of the Prevention of Organised Crime Act 121 of 1998 , as follows: paragraph (a) deletes subsection (4) (b) ; paragraph (b) deletes subsection (5); paragraph (c) substitutes subsection (8); and paragraph (d) adds subsections (10) and (11).
5 Inserts section 29A in the Prevention of Organised Crime Act 121 of 1998.
6 Amends section 38 of the Prevention of Organised Crime Act 121 of 1998 by substituting subsection (3).
7 Amends section 42 (1) of the Prevention of Organised Crime Act 121 of 1998 by substituting the words preceding paragraph (a).
8 Amends section 47 of the Prevention of Organised Crime Act 121 of 1998 , as follows: paragraph (a) substitutes subsection (1); paragraph (b) inserts subsection (1A); and paragraph (c) adds subsection (4).
9 Amends section 52 of the Prevention of Organised Crime Act 121 of 1998 by substituting subsections (2) and (2A) for subsection (2).
10 Amends section 54 of the Prevention of Organised Crime Act 121 of 1998 by substituting subsections (8) and (8A) for subsection (8).
11 Substitutes section 55 of the Prevention of Organised Crime Act 121 of 1998.
12 Amends section 80 of the Prevention of Organised Crime Act 121 of 1998 by adding subsection (3).
13 Amends the Preamble to the Prevention of Organised Crime Act 121 of 1998 by substituting paragraph nine.
14 Amends Part 3 in the Index to the Prevention of Organised Crime Act 121 of 1998 by inserting items 24A and 29A.
This Act is called the Prevention of Organised Crime Second Amendment Act, 1999.