Prevention of Organised Crime Second Amendment Act
This section amends two definitions in the principal Act: “instrumentality of an offence” and “proceeds of unlawful activities”.
AI-assisted research synopsis — verify against the official legal text below.
- Jurisdiction
- South Africa
- Instrument
- Act or statute
- Citation
- Act 38 of 1999
- Version
- Undated source snapshot
- Language
- en
- Updated
- Official source
- View official record ↗
Publicly available, excluded from search-engine indexing
This page remains available for direct access and API use, but this release emits
noindex,follow for the following reason:
- The record does not meet this release's canonical indexing criteria.
(market-indexing-disabled)
Statute overview
About this statute
This section amends two definitions in the principal Act: “instrumentality of an offence” and “proceeds of unlawful activities”. This section adds a definition of “unlawful activity” and says earlier offences or unlawful proceeds can still be dealt with under Chapters 5 and 6. This provision amends section 12 of the principal Act and refers to a substituted subparagraph dealing with sequestrated estates and the executor or trustee of an insolvent estate. A restraint order, seizure order, or related ancillary order stays in force while an appeal is pending. A High Court must make seizure and related execution orders when it makes a restraint order, may later vary or rescind certain orders on application and hardship grounds, and must rescind the restraint order when the criminal proceedings end.
Search within this statute
Search all stored provisions in this version.
Legal text
Provisions of Prevention of Organised Crime Second Amendment Act
Showing 19 of 19
- 1 Verify source ↗
Section I o f the Prevention of Organised Crime Act. 1998 (hereinafter referred to
AI-assisted research summary: This section amends two definitions in the principal Act: “instrumentality of an offence” and “proceeds of unlawful activities”.
1. Section I o f the Prevention of Organised Crime Act. 1998 (hereinafter referred to 5 as the principal Act). is hereby anxnded- (cri by the substitution for the definition of "instrumentality of an offence" in subsection ( 1 ) of the following detinition: '. 'instrurnentalit\ of an offence' means any property which is concerned in the commission or suspected commission of an offence at an> time 10 before o r after the commencement of this . k t . whether committed M. ithin the Republic or elsewhere:": i h ) hq the substitution for the definition of "proceed3 of unlau.fu1 acti\.itie\" in suhwction ( 1 ) of the following detinition: '. 'proceeds of unla\vful acti\ ities' means any propert! or any set-\ ice. 15 ad\ antage. benetit or reuarcf nhich w a s derived. receiwd or retained. directly o r intlirc.ctly, Republic or elsewhere. at a n y time before or after the commencement of thi\ Act. i n connection bvith or as a re.;ult of an) unlawful xti\.ity carried on b> a n ) perwn. [whether in the Republic or elsewhere, except for purposes means- f a ) any unla~vful activity carried on by any person; or act or omission outside the Republic which, ( h ) an!- of Chapter 5 where it 10 if it had occurred in the Republic. would have constituted an unlawful acti\ ity,] 25 and includes any property representing property so deriLed:": 3 4 No. 20447 Act KO. 38, 1999 GAZETTE. GOVERNMENT ~~ ~~ - 7 Verify source ↗
SEPTEhlBER 1999
AI-assisted research summary: This section adds a definition of “unlawful activity” and says earlier offences or unlawful proceeds can still be dealt with under Chapters 5 and 6.
7 SEPTEhlBER 1999 PREVEXTIOX OF ORGANISED CRIblE SECOND AMENDMENT ACT. 1999 ( c ) by the insertion after the definition of ‘property’ of the following definition: “ ’unlawful activity’ means any conduct which constitutes a crime or which or after the contravenes any law whether such conduct occurred before in the commencement of this Act and whether such conduct occurred Republic or elsewhere.”; and (tli by the addition of the following subsection: ” ( 5 ) Nothing in this Act or in any other law. shall be construed so as to exclude the application of any provision of Chapter 5 or 6 on account of the fact that- ( o ) any offence or unlawful activity concerned occurred: or ( h ) any proceeds of unlawful activities were derived, received or retained. before the commencement of this Act.”. 5 10 Amendment of section 12 of Act 121 of 1998, as amended by section 11 of Act 21 of 1999 - 2 Verify source ↗
Section 12 of the principal Act
AI-assisted research summary: This provision amends section 12 of the principal Act and refers to a substituted subparagraph dealing with sequestrated estates and the executor or trustee of an insolvent estate.
2. Section 12 of the principal Act is hereby amended by the substitution for 15 subparagraph (i) of paragraph ((7) of subsection (2) of the following subparagraph: *.(i) if the estate of such person has been sequestrated. also to the [executor] truhtee of his or her insolvent estate: or”. Insertion of section 24A in Act 121 of 1998 - 3 Verify source ↗
The following section
AI-assisted research summary: A restraint order, seizure order, or related ancillary order stays in force while an appeal is pending.
3. The following section is hereby inserted after section 24 of the principal Act: 20 “Order to remain in force pending appeal 24.4. 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 makin9 of a confiscation order. shall remain in force pending the outcome of any appeal against the decision concerned.”. 25 Amendment of section 26 of Act 121 of 1998, as amended by section 20 of Act 24 of 1999 - 4 Verify source ↗
Section 26 of the principal Act is hereby amended-
AI-assisted research summary: A High Court must make seizure and related execution orders when it makes a restraint order, may later vary or rescind certain orders on application and hardship grounds, and must rescind the restraint order when the criminal proceedings end.
4. Section 26 of the principal Act is hereby amended- ( u ) by deletion the ( b ) by the deletion of subsection ( 5 ) ; (c) by the substitution for subsection (8) of the following subsection: of paragraph (6) of subsection (4): 30 “(8) A High Court making a restraint order [may when it makes the of all movable property concerned order or at any time thereafter,] shall at the same time make an order authorising the seizure official, and any ancillary orders for the proper, fair and effective execution of the order [, including an order authorising the seizure of the property concerned by a police official].”. that the court considers appropriate by a police 35 addition the Id) by subsections: of the following “ ( I O ) A High Court which made a restraint order- ( a ) may on application by a person affected by that order vary or rescind the restraint order or an order authorising the seizure of the property concerned or other ancillary order if it is satisfied- (i) of the order concerned will deprive the that the operation applicant of the means to provide for his or her reasonable living expenses and cause undue hardship for the applicant: and that the hardship that the applicant will suffer as a result of the (ii) 40 45 h No. 20447 Act No. 38. 1999 GOVERSXIEST GAZETTE. 7 SEPTEMBER 1999 PREVENTION OF ORGANISED CRISIE SECOND ALIENDbIENT ACT. 1999 order outweighs destroyed. lost, damaged, concealed or transferred; and the risk that the property concerned may be ( b ) shall rescind the restraint order when the proceedings against the defendant concerned are concluded. ( 11) 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 execution of the restraint order concerned.". it considers appropriate for the proper, fair and effective 5 c - Insertion of section 29A in Act 121 of 1998 - 5 Verify source ↗
The following section
AI-assisted research summary: This section inserts a new section after section 29 of the principal Act.
5. The following section is hereby inserted after section 29 of the principal Act: 10 "Variation and rescission of certain orders suspended by appeal - 29A Verify source ↗
The notine of an appeal apinst a decision to vary or rescind any
AI-assisted research summary: A notice of appeal suspends any variation or rescission of the orders listed in the section until the appeal is decided.
29A. The notine of an appeal apinst 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 rescissionpendine the outcome of the appeal.". Amendment of section 38 of Act 121 of 1998 1 5 - 6 Verify source ↗
Section 35 of the principal Act is hereby amended by the substitution for subsection
AI-assisted research summary: When a High Court makes a preservation of property order, it must also make an order authorising seizure of the property by a police official and any other ancillary orders needed to carry out the order.
6. Section 35 of the principal Act is hereby amended by the substitution for subsection ( 3 ) of the follouins subarction: "(3) A High Court making a preservation of property order [may when it makes the order or at any time thereafter,] shall at the ,am2 authorisin? the seizure of the property concerned by a police official. and any other 30 ancillary orders that the the proper, fair and court considers appropriate for effective execution of the order [, including an order authorising the seizure of the property concerned by a police official].". time make an order Amendment of section 42 of Act 121 of 1998 - 7 Verify source ↗
Section 42 of the principal Act is hereby amended by the substitution for the words 25
AI-assisted research summary: This provision amends section 42 of the principal Act by replacing wording about what a High Court may do when it has made a preservation of property order.
7. Section 42 of the principal Act is hereby amended by the substitution for the words 25 preceding paragraph ( a ) of subsection (1) of the following words: "Where a High Court has made a preservation of property order, the High Court [may] shall, if it deems it appropriate. at [any] the time of the making of the order or at a later time-". Amendment of section 47 of Act 121 of 1998, as amended by section 25 of Act 24 of 30 1999 - 8 Verify source ↗
Section 47 of the principal Act is hereby amended-
AI-assisted research summary: Affected persons may ask the High Court to vary or cancel a preservation of property order, and the court must cancel the order when the related proceedings end.
8. Section 47 of the principal Act is hereby amended- ( 0 ) by the substitution for subsection (1) of the following subsection: "( I ) [(a) Any person affected by a preservation of property order may at any time apply for the variation or rescission of the order. (b)] A High Court which made a preservation of property order- 35 [(i)]1a) may [at any time] on application by a person affected by that order of property order or an order vary or rescind the preservation authorisinp the seizure of the property concerned or other ancillary - order if it [deems it necessary in the interests of justice] is 40 - satisfied- ( i ) that the operation of the order concerned will deprive the applicant of the means to provide for his or her reasonable living expenses and cause undue hardship for the applicant: an ti 45 ( i i ) t h n t the hardship that the applicant \vi11 suffer as result of the order outu.eighs the risk that the property concerned may be drstro\ed.-iost. damaged, concealed or transferred: [or] and [(ii)](b~ shall rescind the preservation of propert? order cvhen the proceed- ings against the defendant concerned are concluded.": 50 s so. 20447 Act No. 38, 1999 GOVERSMENT GAZETTE. 7 SEFTEhlBER 1999 PREVENTION OF ORGANISED CRIME SECOND XvlENDMENT ACT, 1999 ( b ) by the insertion after subsection (1) of the following subsection: “( I A ) When a court orders the rescission of an order authorisin? the seizure of property under parayraph ( 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.“; and 5 ( c ) by the addition of the following subsection: “(4) The noriny 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.”. Amendment of section 52 of Act 121 of 1998, as amended by section 29 of Act 24 of 10 1999 - 9 Verify source ↗
Section 52 of the principal Act is hereby amended by the substitution for subsection
AI-assisted research summary: The High Court may make forfeiture orders for proceeds of unlawful activities or for an instrumentality of a Schedule 1 offence if the stated conditions are met.
9. Section 52 of the principal Act is hereby amended by the substitution for subsection ( 7 ) of the following subsections: 0 ” ( 2 ) The High Court may make an order under subsection (1). in relation to the of forfeiture of the proceeds of unlawful activities, probabilities that the applicant for the order- ( a ) had acquired the interest concerned legally and for a consideration, the value if it finds on a balance of which is not significantly less than the value of that interest; and (hl where the applicant had acquired the interest concerned after the commence- ment of this Act, that he or she neither knew nor had reasonable grounds to suspect that the property in u.hich the interest unlawful activities. is held is the proceeds of (ZA) The High Court may make an order under subsection (l), in relation to the forfeiture of an instrumentality of an offence referred to in Schedule 1, if it finds on a balance of probabilities that the applicant for the order had acquired the interest concerned legally, and- fa) neither knew nor had 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 ( b ) where the offence concerned had occurred before the commencement of this all as an Act, the applicant has since reasonable steps instrumentalitv of an offence referred to in Schedule 1.”. the commencement of this Act taken of the property concerned to prevent the use 15 20 25 30 Amendment of section 54 of Act 121 of 1998, as amended by section 31 ofAct 24 of 1999 35 - 10 Verify source ↗
Section 51 of the principal Act is
AI-assisted research summary: The High Court may make certain forfeiture orders if specified conditions are proved on a balance of probabilities.
10. Section 51 of the principal Act is subsection (8) of the followino subsections: ” hereby amended by the substitution for ”(8) The High Court may make an order under subsection (l), in relation to the forfeiture of the proceeds of unlawful activities, probabilities that the applicant for the order- ( a ) had acquired the interest concerned legally and for a consideration, the value if it finds on a balance of of which is not significantly less than the value of that interest; and I 40 6 ) ( 6 ) where the applicant had acquired the interest concerned after the commence- ment of this Act, that he or she neither knew nor had reasonable grounds to is held is the proceeds of suspect that the property in which unlawful activities. the interest 45 (8A) The High Court may make an order under subsection ( I ) , in relation to the forfeiture of an instrumentality of an offence referred to in Schedule 1, if it finds on a balance of probabilities that the applicant for the order had acquired the interest concerned legally. and- ( ( I ) neither knew nor had 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 50 ( b ) where the offence concerned had occurred before the commencement of since the commencement of this Act taken Act. the applicant has reasonable steps instrumentality of an offence referred to in Schedule 1 .”. of the property concerned as to prevent the use this all an 55 . .. . . . . . . . . . . . , . Act So. 38,1999 PREVENTION OF ORGANISED CRIME SECOND AMENDMENT ACT, 1999 Substitution of section 55 of Act 121 of 1998 - 11 Verify source ↗
The following section is hereby substituted for section 55 of the principal Act:
AI-assisted research summary: This section substitutes section 55 of the principal Act with a new section titled “Appeal against forfeiture order.”
11. The following section is hereby substituted for section 55 of the principal Act: “Appeal against forfeiture order - 55 Verify source ↗
Any preservation of property order and any order authorising
AI-assisted research summary: Certain property-preservation, seizure, or ancillary orders stay in force while an appeal is pending.
55. Any preservation of property order and any order authorising the seizure of the propertv 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 apainst the decision concerned.”. the outcome of any appeal 5 Amendment of section 80 of Act 121 of 1998, as amended by section 41 of Act 24 of 1999 10 - 12 Verify source ↗
Section 80 of the principal Act is hereby amended by the addition of the following
AI-assisted research summary: Certain investigations, prosecutions, or other legal proceedings may continue for conduct that would have been an offence under the Proceeds of Crime Act, as if this Act had not been passed.
12. Section 80 of the principal Act is hereby amended by the addition of the following subsection: ‘* (3) An investigation, or prosecution or other legal proceedings. conduct which would have constituted an offence under the Proceeds after the commencement of that Act but before the 1996. and which occurred commencement of this Act. may be instituted and continued as if this Act had not been passed.”. in respect of of Crime Act, 15 Amendment of Preamble to Act 121 of 1998 - 13 Verify source ↗
The Preamble to the principal Act is hereby amended by the substitution for the
AI-assisted research summary: The amended preamble says no person should benefit from unlawful activities or use property to commit an offence.
13. The Preamble to the principal Act is hereby amended by the substitution for the , ninth paragraph thereof of the following uaragraDhs: “AND WHEREAS no person contc-ted of that or any related offence. whether such offence took place before or after the commencement of this Act. legislation is necessary to provide for a civil remedy for the restraint and seizure. and confiscation of property which forms the benefits derived from such offence: i f ah offence should benefit from the fruits 20 25 [not] benefit from the fruits AND WHEREAS [persons] no person should of [organised crime and money laundering] unlawful activities, nor is any person entitled to use property for the commission of an offence, whether such activities or offence took place before or after the commencement of this Act. legislation is necessary to provide for a civil remedy for forfeiture of property which is derived from unlawful activities or is concerned in the commission or suspected commission of an offence;”. the preservation and seizure, and Amendment of Index to Act 121 of 1998 - 11 Verify source ↗
The Index to the principal Act is hereby amended by the insertion, in Part 3, of the
AI-assisted research summary: The principal Act’s index is amended to insert a new Part 3 item called “24A. Order to remain in force pending an appeal”.
11. The Index to the principal Act is hereby amended by the insertion, in Part 3, of the following items: “24A. Order to remain in force pending an appeal - 29A Verify source ↗
Variation and rescission of certain orders suspended by appeal“.
AI-assisted research summary: Section 29A is titled “Variation and rescission of certain orders suspended by appeal.”
29A. Variation and rescission of certain orders suspended by appeal“. Short title - 15 Verify source ↗
This Act is called the Prevention of Organised Crime Second Amendment Act,
AI-assisted research summary: This section gives the Act’s short title: the Prevention of Organised Crime Second Amendment Act, 1999.
15. This Act is called the Prevention of Organised Crime Second Amendment Act, 1999. .3 30 35 30
Provision text is displayed from LexChat’s stored statute record. Use the official source links to verify amendments, commencement, and current legal force.
Ask AI about this statute
Prevention of Organised Crime Second Amendment Act
Sign in to ask AI about this statute
Sign in to start authenticated, citation-grounded statute research.
Sign in