Prevention of Organised Crime Amendment Act
This provision amends the Preamble to the Prevention of Organised Crime Act, 1998 by inserting a new heading in the Afrikaans text.
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- South Africa
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- Act 24 of 1999
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About this statute
This provision amends the Preamble to the Prevention of Organised Crime Act, 1998 by inserting a new heading in the Afrikaans text. This section amends the Index to the principal Act and replaces certain Afrikaans text and schedule references. This provision amends section 1 by updating several definitions, including “Committee,” “instrumentality of an offence,” and “proceeds of unlawful activities.” This section amends section 2 of the principal Act by changing the wording about property derived from racketeering activity. This provision amends Section 3 of the principal Act to change the Afrikaans text setting the penalty for a person convicted of the offence in article 2(1).
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Provisions of Prevention of Organised Crime Amendment Act
Showing 47 of 47
- 1 Verify source ↗
The Preamble to the Prevention of Organised Crime Act, 1998 (hereinafter referred
AI-assisted research summary: This provision amends the Preamble to the Prevention of Organised Crime Act, 1998 by inserting a new heading in the Afrikaans text.
1. The Preamble to the Prevention of Organised Crime Act, 1998 (hereinafter referred to as the principal Act). is hereby amended by the insertion, in the Afrikaans text. of the 5 following heading: Amendment of Index to Act 121 of 1998 “AANHEF”. - 2 Verify source ↗
The Index to the principal Act is hereby amended—
AI-assisted research summary: This section amends the Index to the principal Act and replaces certain Afrikaans text and schedule references.
2. The Index to the principal Act is hereby amended— (a) by the substitution in the Afrikaans text in item 21 for the expression 10 “misdaad” of the expression .’onregmatige aktiwiteite”; (17) by the substitution in the Afrikaans text for the heading “INSTAND- HOUDING VAN EIENDOM” of the following heading: “EIENDO~lSINSTANDHOUDINGSBEVELE”; (c) by the substitution in the Afrikaans text in item 61 for the expression 15 “~edin~e” of the expression ‘Laansoeke”; and (d) by the substitution for the reference to Schedules 2 and 3 of the followin& reference: “SCHEDULE 2 Amendment of the Drugs and Drug Trafficking Act, 1992 (Act No. 140 of 1992) (Section 79) SCHEDULE 3 Amendment of the International Co-operation in Criminal Matters Act, 1996 (Act No. 75 of 1996) (Section 79)”. 20 25 4 \,, )L>y; ? \ct No. 24.1999 (;()\’1-:RNNIEsT G,4Z1;TTI>, 28 ,\ PRII. I YYY PRf;\’EXTfoN OF (lRG,4NfSE[) CRIME. A\l EN Dhl ENT ,\ CT. I YYY Amendment of section 1 of Act 121 of 1998
Part
SCHEDULE 3
- 3 Verify source ↗
Section 1 of the principal Act is herehy amended—
AI-assisted research summary: This provision amends section 1 by updating several definitions, including “Committee,” “instrumentality of an offence,” and “proceeds of unlawful activities.”
3. Section 1 of the principal Act is herehy amended— ((l) (/?) (c”) (d) by the substitution for the definition of “Committee’. in subsection (1) of the followin~ definition: .. ‘Comn~itee’ means [a committee] the Criminal Assets Recovery Commit- 5 tee established in terms of section 65:..; ~ the substitution for the definition of “Instrumentality of an offence.’ in subsection ( 1 ) of the followin~ definition: “ ‘[Ainstrumentality] instrumentality of an offence’ means any property \\hich is concerned in the commission or suspected commission of an offence, 10 whether within the Republic or elsewhere;”; by the substitution in the definition of “proceeds of unlawful activities” in subsection ( 1 ) for the words preceding paragraph (a) of the following words: .’ ‘proceeds of unlawful activities’ means any property [or part thereofl or any service. advantage, benefit or reward which was derived, received or 15 l-etained. directly or indirectly, in connection with or as a result of any unlawful activity carried on by any person, whether in the Republic or elsewhere, except for purposes of Chapter 5 where it means—”; and by the substitution in subsection (3) for the words precedin& paragraph (a) of the following words: “For the purposes of this Act a person ou&ht reasonably to have known or suspected a fact if the conclusions that he or she ought to have reached are those which wou~d have been reached by a reasonably dili&ent and vigilant person having both—”. — 20 Amendment of section 2 of Act 121 of 1998 - 4 Verify source ↗
Section 2 of the principal Act is hereby amended—
AI-assisted research summary: This section amends section 2 of the principal Act by changing the wording about property derived from racketeering activity.
4. Section 2 of the principal Act is hereby amended— (a) by the substitution for subparagraphs (i) and (ii) of paragraph (a) of subsection (1) of the following subpara&raphs, respectively: “(i) receives or retains any property derived, directly or indirectly, from a pattern of racketeerin~ activity; and (ii) knows or ought reasonably to have known that such property is so derived [, directly or indirectly]; and [from a patt~rn of racketeering actitity; and]”= (b) by the substitution for subparagraph (ii) of paragraph (b) of subsection (1) of the following subparagraph: “(ii) [who] knows or ought reasonably to have known that such property derived or is derived from or through a pattern of racketeering activity;”; (c) by the substitution for subparagraph (ii) of paragraph (c)of subsection (1) of the following subparagraph: “(ii) [who] knows or ought reasonably to have known that such property derived or is derived from or through a pattern of racketeering activity; ’.; and (d) by the insertion after paragraph (~) of subsection (1) of the word “or”. Amendment of section 3 of Act 121 of 1998 25 30 35 40 45 - 5 Verify source ↗
Section 3 of the principal Act is hereby amended—
AI-assisted research summary: This provision amends Section 3 of the principal Act to change the Afrikaans text setting the penalty for a person convicted of the offence in article 2(1).
5. Section 3 of the principal Act is hereby amended— (a) by the substitution in the Afrikaans text for subsection (1) of t~ following subsection: “(1 ) Iemand wat skuldig bevind word aan ‘n misdryf bedoel in,lrtikel 2( 1 ) is strafiaar met ‘n boete van hoogstens R 1 000 miljoen of met gev ~genisstraf 50 vir ‘n tydperk van newenslank] ~f.’ ; and (b) by the substitution in the Afrikaans text for the words preceding paragraph (a) of subsection (2) of the following words: :ict N<). 24, 1999 PRE\’ESTloN OF ORG,AXISED CRlkl E ,\k~END\lENT ,\ CT. 199Y “Ondartks enige ander vet wlt handel m e t d i e strafiurisdiksie van d ie streekhof. indien .n streekhof. nadat hy .n beskuldigde skuldig be~ind het aan n misdryf bedoel in artikel 2(l) wat vo]g op [’n]—”. Amendment of section 4 of Act 121 of 1998 - 6 Verify source ↗
Section 4 of the principal Act is hereby amended—
AI-assisted research summary: This section amends section 4 of the principal Act by replacing wording in the Afrikaans text.
6. Section 4 of the principal Act is hereby amended— (a) by the substitution in the Afrikaans text for the words preceding para&raph (a) of the follouJing words: “Iemand wat weet of redelikerwys behoort te [weet] geweet het dat eiendom die opbrengs van onregmatige aktiwiteite is of deel van sodanige opbrengs uitmaak. en—.’; and by the su~[itution for paragraph (i) of the following paragraph: (b) “(i) of concealing or disguising the nature, source, location, disposi- tion or movement of the said propefiy or [its] the ownership thereof or any interest which anyone may have in r~pect thereofl or”. 5 10 15 Amendment of section 5 of Act 121 of 1998 - 7 Verify source ↗
Section 5 of the principal Act is hereby amended by the substitution for the words
AI-assisted research summary: This section amends section 5 of the principal Act by replacing the introductory words before paragraph (a) with new wording about a person who knows or should reasonably know another person obtained proceeds of unlawful activities and who enters into an agreement, arrangement, or transaction.
7. Section 5 of the principal Act is hereby amended by the substitution for the words preceding paragraph (a) of the following words: “Any person who knows or ought reasonably to have known that another person has obtained the proceeds of unlawful activities, and who enters into any agreement with anyone or engages in any arrangement or transaction whereby—”. 20 Substitution of section 6 of Act 121 of 1998 - 8 Verify source ↗
The following section is hereby substituted for section 6 of the principal Act:
AI-assisted research summary: This section replaces section 6 of the principal Act with a new section titled “Acquisition, possession or use of proceeds of unlawful activities.”
8. The following section is hereby substituted for section 6 of the principal Act: “Acquisition, possession or use of proceeds of unlawful activities 25 - 6 Verify source ↗
Any person wh+
AI-assisted research summary: Any person who acquires, uses, or possesses property knowing, or being reasonably expected to know, that it is proceeds of another person’s unlawful activities commits an offence.
6. Any person wh+ (a) acquires; (b) uses; or (c) has possession ~f, [ofl 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. .’. Amendment of section 7 of Act 121 of 1998 - 9 Verify source ↗
Section 7 of the principal Act is hereby amended—
AI-assisted research summary: People in business-related roles who suspect reportable activity must report their suspicion and supporting information to a Minister-designated person within a reasonable time, and take reasonable steps to comply.
9. Section 7 of the principal Act is hereby amended— (a) (b) (c) (d) (e) by the substitution for the words preceding paragraph (a) of subsection ( 1 ) of the following words: “Any person who carries on a business or is in charge of, or manages a business undertaking or who is employed by a business undertakin,c and who suspects or ought reasonably to have suspected that—”; by the substitution for the expression “activity” in subparagraph (ii) of paragraph (c) of subsection (1) of the expression .’activities”; by the substitution in the Afrikaans text for the words following subparagraph (ii) of paragraph (c) of subsection (1) of the following words: “is verplig om Sy of haar suspisie en alle beskikbare inligting rakende die gronde waarop dit berus, binne ‘ n redelike tyd aan te meld by ‘n persoon deur die Minister aangewys en meet alle redelike stappe doen om sodanige verpligting na te kom. ”; by the insertion in the Afrikaans text after paragraph (a) of subsection (3) of the word “en”; by the substitution for paragraph (a) of subsection (5) of the following paragraph: “(a) NO obligation as to secrecy and no other restriction on the disclosure of information as to the affairs or business of another, whether imposed by any law, the common law or any agreement, shall affect any obligation imposed under this section to repofl or disclose information or to permit access to any 30 35 40 45 50 55 icl N(). 2 4 . 1 9 9 9 l’RE\”FSTIOX OF OR[;,ANISE[) CRINIE .AXIENDNIENT ACT. 1999 registers. records or olher dOCLlllleOt S Llnless that obligation of secrecy or other restriction is based on the common law right to professional privilege between tin tittorne)’ ~nd his or her client in respect of information communicated to the attorney so as to enable him or her to provide ad\, ice. to defend the client or to render other legal assistance to the client in connection with an offence under any law in respect of which the client is charged. in respect of which he or she h~s been arrested or summoned to appear in court or in respect of which an investigation with a view to institute criminal proceedings is being conducted ag~inst him or her..’: and (f) by tile substitution in the Afrikaans text for subsection (6) of the following subsection: “(6) Iemand wat n party is tot ‘n transaksie ten opsigte waarvan hy of Sy .n suspisie \orm wat na sy of haar mening gerapporteer meet word kragtens subartikel ( 1 ). mag met daardie transaksie voortgaan en meet verseker dat alle rekords rakende daardie transaksie behou word en dat alle redelike stappe [geneem] yedoen w o r d om die verpligting kragtens hierdie artikel na te kom, ”. Insertion of section 7A in Act 121 of 1998 - 10 Verify source ↗
The following section is hereby inserted in the principal Act after section 7:
AI-assisted research summary: This text only says a new section is inserted after section 7 and begins with the word “Defence”; it does not include the actual rule.
10. The following section is hereby inserted in the principal Act after section 7: “Defence - 7A Verify source ↗
If a person is charged with negligently committing an offence under
AI-assisted research summary: A person charged with certain negligent offences may use prior reporting of a suspicion under section 7 as a defence.
7A. If a person is charged with negligently 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 suspicion in terms of section 7.”. Amendment of section 9 of Act 121 of 1998 - 11 Verify source ↗
Section 9 of the principal Act is hereby amended by the substitution for the words
AI-assisted research summary: This provision amends section 9 of the principal Act by substituting wording that ends with “shall be guilty of an offense.”
11. Section 9 of the principal Act is hereby amended by the substitution for the words following paragraph (c) of subsection (2) of the following words: “shall be guilty of [any] an offense.’.. — Amendment of section 10 of Act 121 of 1998 - 12 Verify source ↗
Section 10 of the principal Act is hereby amended by the substitution for
AI-assisted research summary: This section replaces section 10(2) and (3) so that certain offences near schools or educational institutions, and gang membership findings after conviction, count as aggravating circumstances for sentencing.
12. Section 10 of the principal Act is hereby amended by the substitution for subsections (2) and (3) of the following subsections, respectively: “(2) 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 programmed or when minors are using the facility, such [circumstance] fact shall be regarded as an aggravating [factor] circumstance. (3) 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 [factor] finding shall be regarded as an aggravating [factor] circumstance for sentencing purposes.”. Amendment of section 11 of Act 121 of 1998 - 13 Verify source ↗
Section 11 of the principal Act is hereby amended—
AI-assisted research summary: This section amends section 11 of the principal Act.
13. Section 11 of the principal Act is hereby amended— (a) by the substitution in the Afrikaans text for paragraph (c) of the following paragraph: “(c) in n besondere kriminele bende se gebied bly ofdikwels daar verkeer en hulle styl van [klere, die] kleredrag, gebruik \an [hulle] handtekens, taal of [hul] tatoeeermerke [aangeneem bet] aanneem, en met bekende lede van ‘n kriminele bende om&aan; ”; and (b) by the substitution in paragraph (d) for the expression “activity” of the expression “acti\’ities’.. — 5 10 15 20 25 30 35 40 45 ] (> \(,. 19Y; .1 .Act No. 2 4 . 1 9 9 9 GO\ ERNkfENT GAzETTE. 28 ,APRII. 19Y9 PRE\ENTIOX OF ORGANISED CRIME AMEN D\lENT ACT. 1999 Amendment of section 12 of Act 121 of 1998 - 14 Verify source ↗
Section 12 of the principal Act is hereby amended—
AI-assisted research summary: This section amends section 12 of the principal Act and replaces the definition of benefiting from unlawful activities.
14. Section 12 of the principal Act is hereby amended— by the insertion after subparagraph (a) of paragraph (i) of subsection (1) of the word “or.’; by the insertion after subparagraph (a) of paragraph (iv) of subsection (1) of 5 the word “or”; by the substitution in the Afrikaans text for the expression “kurator” in subparagraph (i) of paragraph (a) of subsection (2) of the expression “eksekuteur”; and by the substitution for subsection (3) of the following subsection: 10 “(3) For the purposes of this Chapter, a person has benefited from unlawful [activity] activities if he or she has at any time, whether before or after the commencement of this Act, received [any advantage, payment, service or reward including any property or part thereof in connection with any criminal activity mrried on by him or her or by any other person] q 15 retained any proceeds of unlawful activities.”. Amendment of section 15 of Act 121 of 1998 - 15 Verify source ↗
Section 15 of the principal Act is hereby amended by the substitution for
AI-assisted research summary: This amendment changes how the value of property is calculated when the recipient holds the received property or property representing it.
15. Section 15 of the principal Act is hereby amended by the substitution for subsection (3) of the following subsection: “(3) If at the particular time referred to in subsection (2) the recipient holds— 20 (a) the property, other than cash, which he or she received, the value concerned shall be tbe value of the property at the particular time; or (b) property [, or any part thereof,] 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 25 she received, at the relevant time.”. Amendment of section 19 of Act 121 of 1998 - 16 Verify source ↗
Section 19 of the principal Act is hereby amended—
AI-assisted research summary: This section amends section 19 to define a defendant’s proceeds of unlawful activities as the summed value of property, services, advantages, benefits, or rewards received, retained, or derived in connection with unlawful activity, subject to subsection (2).
16. Section 19 of the principal Act is hereby amended— (a) by the substit~tion for subsection ( 1“) of the following subsection: “(1 ) Subject to the provisions of subsection (2), the value of a defendant’s 30 proceeds of unlawful activities shall be the sum of the values of the [payments or other] 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 [criminal] unlawful activity carried on by him or her or any other person.”; by the substitution in the Afrikaans text for subparagraph (ii) of paragraph (a) of subsection (2) of the following subparagraph: 35 (b) “(ii) eiendom [, of ‘n deel daarvan,] te gewees het wat regstreeks of onregstreeks i n d i e verweerder s e hande d i e eiendom verteenwoordig het wat hy of sy in daardie verband ontvang 40 bet,”; and (c) by the substitution in the Afrikaans text for the expression “moes” in paragraph (b) of subsection (2) of the expression “moe~’. Amendment of section 20 of Act 121 of 1998 - 17 Verify source ↗
Section 20 of the Drincipal Act is hereby amended—
AI-assisted research summary: This section amends Section 20 of the Principal Act.
17. Section 20 of the Drincipal Act is hereby amended— (a) (b) by the substitu~ion for the words pre~eding paragraph (a) of subsection (1) of the following words: “For the purposes of section [18(l)(b)] 18(2)(b) or 21 (3)(a), the amount which might be re~ised at the time of the making of a confiscation order against a defendant shall be the amount equal to the sum of—”; and by the inseflion in the Afrikaans text after subparagraph (ii) of paragraph (a) of subsection (4) of the word “of”. 45 50 12 X(). 1[)[)73 .Act N(). 24. 19YY GOVERN~lEXT G.4ZEmE. 28 APRIL 1999 PRE\’EXTION OF ORGANISED CRIME .ANfEND&l ENT ACT. 1990 Amendment of section 22 of Act 121 of 1998 - 18 Verify source ↗
Section 22 of the principal Act is hereby amended—
AI-assisted research summary: This section amends section 22 of the principal Act and makes the court treat certain facts as prima facie evidence in specified cases.
18. Section 22 of the principal Act is hereby amended— (a) by the substitution in the Afrikaans text in subsection ( 1 ) for the expression .’belange’. of the expression “beIan&”; (b) by the substitution in the Afrikaans text in subsection (2) for the words 5 preceding paragraph (a) of the following words: “Vir die doeleindes van ‘n ondersoek kragtens artikel 18(1), indien bevind word dat n hof die ver\veerder beveel het om * feite kragtens artikel 26(7) te openbaar en dat die verweerder sender voldoende rede versuim het om sodanige feite te openbaar of, nadat hy @ daartoe beveel is, valse inligting verstrek bet. wetende dat die inligting vals is of nie glo dat dit waar is nie, meet die hof hierdie feite as prima~acie-getuienis aanvaar dat enige eiendom [of deel daarvan, waartoe] waarrnee die inligting verband hou—”; (c) by the substitution for subsection (3) of the following subsection: “(3) For the purposes of determining the value of a defendant’s proceeds of unlawful activities in an enquiry under section [20(1)] ~– (a) if the court finds that he or she has benefited from an offence and 10 15 that— (i) he or she held property at any time at, or since, his or her 20 conviction; or (ii) property was transferred to him or her at any time since the beginning of a period of seven years before the fixed date, the court shall accept these facts as prima facie evidence that the propefly was received by him or her at the earliest time at which he or she held it, as an advantage, payment, service or reward in connection with the offences or related criminal activities referred to in section 18(1); (b) 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 crifinal activities referred to in section 18(1) comtitted by him or her.”; and (d) by the deletion in the Afrikaans text in subsection (4) of tie words “of deel daarvan”. Amendment of section M of Act 121 of 1998 - 19 Verify source ↗
Section 24 of the principal Act is hereby amended—
AI-assisted research summary: This section amends section 24 so that a court must make a confiscation order if it finds a person benefited, must not apply sections 21 and 22 during an enquiry under the section, and may conduct an enquiry under section 18 and make an appropriate order in certain conviction cases.
19. Section 24 of the principal Act is hereby amended— (a) by the substitution for paragraph (a) of subsection (3) of the following paragraph: “(a) if the court finds that the person referred to in [that] subsection ~ or (2) has so benefited, make a confiscation order and the provisions of this Part shall, with the necessary changes, apply to the making of such order;”; 25 30 35 40 45 (b) by the substitution for subsection (5) of the following subsection: “(5) A court conducting an enquiry under [subsection (2)] this section shall not apply sections 21 and 22.’.; and (c) by the substitution for paragraph (a) of subsection (6) of the following 50 paragraph: i4 \,) 1.),)?.3 Act No. 24. 199Y (;( )\ E: RN MEATT G,4ZETTE. 28 APR1[. 1990 PRE\”EXTION OF ORGANISED CRlklE .4 MENDhfENT ACT. 1999 ‘.(({) con\icted of one or other of the offences in respect of which the order had been made. the coufi convicting him or her may conduct an enquiry under section [20] 18 and make an appropriate order:”. — Amendment of section 26 of Act 121 of 1998 - 20 Verify source ↗
Section 26 of the principal Act is hereby amended—
AI-assisted research summary: Section 26 is amended so that property seized under subsection (8) must be dealt with as the High Court directs.
20. Section 26 of the principal Act is hereby amended— 5 (a) by the substitution in the Afrikaans text for paragraph (b) of subsection (6) of the following paragraph: “(b) vir die redelike regskoste van so ‘n persoon in verband met enige [geregtelike stippe] verrigtinge wat ingevolge hierdie Hoofstuk t e en horn of haar ingestel is of enige strafregtelike [prosedure waartoe] 10 verrigtinge waarmee sodanige [prosedure] verrigtinge mag verband hou,”; and (b) by the substitution for subsection (9) of the following subsection: “(9) Property seized under subsection (8) shall be dealt with in accordance with the directions of the High Court which made the 15 relevant [preservation of property] restraint order.”. Amendment of section 30 of Act 121 of 1998 - 21 Verify source ↗
Section 30 of the principal Act is hereby amended by the substitution for
AI-assisted research summary: This provision amends section 30 of the principal Act by replacing parts of subsection (6).
21. Section 30 of the principal Act is hereby amended by the substitution for paragraphs (u) and (b) of subsection (6) of the following paragraphs, respectively: “(a) (i) the proceedings referred to in subsection [(4)(a)] ~ have been 20 disposed o~ or (ii) the judgment referred to in subsection [(4)(b)] ~ has been satisfied, as the case may be; or (b) the period determined under subsection [(4)] Q has expired,”. Amendment of section 35 of Act 121 of 1998 - 22 Verify source ↗
Section 35 of the principal Act is hereby amended by the substitution in subsection
AI-assisted research summary: This section amends section 35 by replacing wording in subsection (2).
22. Section 35 of the principal Act is hereby amended by the substitution in subsection (2) for the words preceding subparagraph (i) of paragraph (a) of the following words: “no court shall set aside the disposition of such gift under section [27, 28 or] 29, 30 or 31 of the Insolvency Act, 1936 (Act No. 24 of 1936)—”. Amendment of section 36 of Act 121 of 1998 25 30 - 23 Verify source ↗
Section 36 of the principal Act is hereby amended by the substitution for
AI-assisted research summary: The amendment limits a High Court or curator bonis from using certain powers over property that is part of a company’s or juristic person’s assets once the relevant order or registered resolution exists.
23. Section 36 of the principal Act is hereby amended by the substitution for subsection (2) of the following subsection: “(2) 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 35 upon a High Court by sections 26 to [32] 31 and 33(2) or upon a curator bonis appointed under this Chapter, shall not be~xercised in respect of any property which forms part of the resets of such company or juristic person.”. Amendment of section 44 of Act 121 of 1998 M. Section 44 of the principal Act is hereby amended by the substitution in the 40 Afrikaans text for subsection (1) of the following subsection: “(1) [’n Hoe Hof wat ‘n eiendomsinstandhoudingsbevel verleen,] ‘n Eiendoms- instandhoudingsbevel kan die voorsiening ma& wat [by] die Hoe Hof goddink vir— (a) [vir die] redelike~wenskostes van ‘n persoon wat ‘n belang besit in eiendom wat aan ‘n eiendomsinstandhoudingsbevel Of gesin; en onderhewig is en Sy of haar familie 45 (b) [vir die] redelike regskoste v a n so ‘ n persoon in verband met enige [geregtelike stippe] verrigtin~ wat ingevolge hierdie [hoofstuk] Wet teen h o r n o f haar [gedoen] ingestel word of enige ander verbandhoudende strafregtelike verrigtinge. ”. 50 I () so. lY~)7.: Act N(). 24. 199Y G()\ l+ RS\l EXT G AZ1:TI’I-,. 28 ,41>RII. 19Y~) PRE\’l:NTION OF 0RG,4NISED Cl{I\l E .4\fENDhlENT .ACT. I YY9 Amendment of section 47 of Act 121 of 1998 - 25 Verify source ↗
Section 47 of the principal Act is hereby amended by the substitution in the
AI-assisted research summary: This provision amends the Afrikaans text of section 47 by substituting wording in subsection (1)(a)(ii).
25. Section 47 of the principal Act is hereby amended by the substitution in the Afrikaans text in subsection ( I ) for subparagraph (ii) of paragraph (a) of the following subparagraph: “(ii) meet die [bevel] elendomsinstandhoudin,gsbeve] intrek illdlell die [betrokke 5 eiendomsinstandhoudingsbevel betrokke verveerder afgehandel is.’.. ingetrek w o r d ] verri,~tin,~e t e e n d ie Amendment of section 48 of Act 121 of 1998 - 26 Verify source ↗
Section 48 of the principal Act is hereby amended by the substitution for
AI-assisted research summary: The National Director must give 14 days’ notice of an application under subsection (1) to every person who entered an appearance under section 39(3).
26. Section 48 of the principal Act is hereby amended by the substitution for subsection (2) of the following subsection: 10 “(2) The National Director shall give 14 days notice of an application under subsection ( 1 ) to every person wbo entered an appearance in terms of section [42(3)] 39(3).”. Amendment of section 49 of Act 121 of 1998 - 27 Verify source ↗
Section 49 of the principal Act is hereby amended by the substitution in the 15
AI-assisted research summary: This amendment replaces wording so that the court may grant any order about costs against the applicant.
27. Section 49 of the principal Act is hereby amended by the substitution in the 15 Afrikaans text for paragraph (a) of subsection (4) of the following paragraph: “(a) meet die Hof enige bevel rakende koste teen die applikant \erleen; [ofl ~“. Amendment of section 50 of Act 121 of 1998 - 28 Verify source ↗
Section 50 of the principal Act is hereby amended by the substitution in the
AI-assisted research summary: This provision amends section 50 of the principal Act by replacing one Afrikaans term in subsection (2) with another.
28. Section 50 of the principal Act is hereby amended by the substitution in the Afrikaans text in subsection (2) for the expression “tege]demaking” of the expression 20 “fasilitering”. Amendment of section 52 of Act 121 of 1998 - 29 Verify source ↗
Section 52 of the principal Act is hereby amended—
AI-assisted research summary: Section 52 is amended so a High Court may attach conditions to a property-exclusion order.
29. Section 52 of the principal Act is hereby amended— (a) by the substitution for paragraph (b) of subsection (1) of the following paragraph: “(b) by a person referred to in section [49(4)] ~,”; and 25 (b) by the substitution in the Afrikaans text for subsection (4) of the following subsection: “(4) ‘n HoE Hof wat ‘n bevel verleen vir die uitsluiting van ‘n belang in eiendom kragtens subartikel (1), kan, in die belang van die regspleging of die 30 openbare belang, [’n] daardie bevel verleen op die voorwaardes wat die Hof geskik ag, met inbegri~n voorwaarde wat van die persoon wat om die uitsluiting aansoek gedoen bet, vereis [word] om alle redelike stappe te doen, binne ‘n tydperk wat die Hof mag bepaal, om die toekomstige gebruik van die eiendom [in] as ‘n misdaadinstrument van ‘n misdryf bedoel in Bylae 1 te 35 voorkom. ”. Amendment of section 53 of Act 121 of 1998 - 30 Verify source ↗
Section 53 of the principal Act is hereby amended—
AI-assisted research summary: This section amends section 53 of the principal Act, changing the wording about court orders and default orders.
30. Section 53 of the principal Act is hereby amended— (a) (b) by the substitu~ion in the Afrikaans ~ext for paragraph (b) of subsection ( 1 ) of the following paragraph: “(b) die bevel @ wat die hof in die omstandighede geskik ag; of ’.; and by the substitution in the Afrikaans text for subsection (4) of the following subsection: 40 “(4) Die hof kan. by die aanvoer van oortuigende gronde, die bevel by verstek wysig of intrek of [die een of ander bevel verleen] ‘n ander 45 aanwysin~ ma~ Op die voorwaardes war hy goeddink. ”. Amendment of section 54 of Act 121 of 1998 - 31 Verify source ↗
Section 54 of the principal Act is hereby amended—
AI-assisted research summary: This provision amends section 54 of the principal Act, including a 30-day hearing timeline, participation rights for the National Director or curator bonis, and a penalty linked to perjury for convictions under the subsection.
31. Section 54 of the principal Act is hereby amended— (a) by the substitution in the Afrikaans text for subsection (3) of the following subsection: 50 “(3) Die aanhoor van die aansoek meet, in die mate wat dit [praktiese en bestaanbaar is met die regsbelange] prakties en met die belang van die re~sple,~ing bestaanbaar is, binne 30 dae vanaf die indiening van die aansoek [gehou word] plaasvind.”; by the substitution in the Afrikaans text for subsection (6) of the following 55 subsection: ‘.(6) Die Nasionale Direkteur of die betrokke curaror bo}z;s. of ‘n persoon wat skriftelik deur hulle daartoe genlagtig is, kan getuienis en &etuies aanbied (b) Is No. 19973 ,\Ct No. 24, 1999 GOVERNMENT G,+ ZE~E. 28 APRIL 1999 PREVEhTJON OF ORGANISED CRIME .4hlENDMENT ACT. 1999 ter [voorlegging] weerlegging, en ter verdediging van hul [eis tot] aanspraak op die eiendom [aanvoer] en kan ‘ n getuie wat by die verhoor verskyn, [ondervra] kruisondervra. by the substitution in the Afrikaans text for paragraph (c)of subsection (9) of the following paragraph: and ”; - - 5 (c) “(c) Iemand wat skuldig bevind word aan ‘n misdryf kragtens hierdie subartikel, is strafbaar met [’n] die straf wat by wet vir meineed voorgeskryf word.”. — Amendment of section 56 of Act 121 of 1998 - 32 Verify source ↗
Section 56 of the principal Act is hereby amended by the substitution for 10
AI-assisted research summary: If a High Court has made a forfeiture order and no curator bonis has been appointed for the property, the court may appoint one.
32. Section 56 of the principal Act is hereby amended by the substitution for 10 subsection ( 1 ) of the following subsection: “(l) 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 bot~is to perform any of the functions referred to in section [59] 57 in respect of such property.”. — 15 Amendment of section 57 of Act 121 of 1998 - 33 Verify source ↗
Section 57 of the pnncipd Act is hereby amended—
AI-assisted research summary: The curator bonis must handle forfeited money or property by depositing it into the Account, delivering it to the Account, or selling/disposal and depositing the proceeds, subject to specified orders and directions.
33. Section 57 of the pnncipd Act is hereby amended— (a) by the substitution for subsection (1) of the following subsection: “(l) The curator bonis must, subject to any order for the exclusion of interests in forfeited property under section 52(2)(a) or 54(8) and in 20 accordance with the directions of the Committee— (a) deposit any moneys forfeited under section 56(2) into the Account; (b) deliver property forfeited under section 56(2) to the Account; or @ dispose of property forfeited under section 56(2) by sale or any other means [subject to the directions of the High Court] and deposit the 25 proceeds of the sale or disposition into the Account.”; and (b) by the deletion of subsection (4). Amendment of section 62 of Act 121 of 1998 - 34 Verify source ↗
Section 62 of the principal Act is hereby amended by the substitution for
AI-assisted research summary: This section amends section 62(1)(b) of the principal Act by replacing the reference to section 53 with section 51.
34. Section 62 of the principal Act is hereby amended by the substitution for paragraph (b) of subsection (1) of the following paragraph: “(b) the magistrate’s court regulating the proceedings referred to in section [53] 51 “.—. Amendment of section 64 of Act 121 of 1998 - 35 Verify source ↗
Section 64 of the principal Act is hereby amended—
AI-assisted research summary: Section 64 of the principal Act is amended to revise the categories of money and property that go into the Account.
35. Section 64 of the principal Act is hereby amended— (a) by the substitution for paragraph (a) of the following paragraph: “(a) all moneys derived from the [execution] fulfillment of confiscation and forfeiture orders contemplated in Chapters 5 and 6;”; (b) by the insertion after paragraph (a) of the following paragraph: “(aA) all property derived from the fulfillment of forfeiture orders as contemplated in section 57;”; 30 35 40 (c) by the substitution for paragraph (c)of the following paragraph: “(c) any prope rtY or moneys appropriated by Parliament, or paid into, or — allocated to, the Account in terms of any other [act] A=;”; (d) by the substitution for paragraph (e) of the following paragraph: “(e) any property or amount of money received or acquired from any source; 45 and”; and (e) by the substitution for paragraph@ of the following paragraph: “~ all property or moneys transfemed to the Account in terms of this Act.”. 20 No. I 997.; ,Ict N(I. 24, IY99 G()\’ERNMENT GAZETTE, 2X APRII. 1999 PRE\’ENTION OF OR G A N I S E D CRINfE .4\fENDhl ENT ACT, 1999 Amendment of section 69 of Act 121 of 1998 - 36 Verify source ↗
Section 69 of the principal Act is hereby amended—
AI-assisted research summary: This provision amends section 69 of the principal Act.
36. Section 69 of the principal Act is hereby amended— (a) by the substitution for paragraph (b) of the following paragraph: “(b) make recommendations to Cabinet with regard to the allocation of property and moneys from the Account to specific law enforcement 5 agencies; ’.: and (b) by the substitution for paragraph (c) of the following paragraph: “(c) make recommendations to Cabinet with regard to ‘the allocation of property and moneys from the Account to any institution, organisation or fund contemplated in section 68(c);”. 10 Insertion of section 69A in Act 121 of 1998 - 37 Verify source ↗
The following section is hereby inserted after section 69 of the principal Act:
AI-assisted research summary: Cabinet may use the Account’s property and money for specified law enforcement or section 68(c) bodies, but only for the stated purpose and subject to accounting, tabling, and audit requirements.
37. The following section is hereby inserted after section 69 of the principal Act: “Utilisation of Account and accountability 69A. (1) The property and money allocated to, or standing to the credit of, the Account may be utilised by Cabinet, after considering the recommendations of the Committee, for— (u) the allocation of property and amounts of money from the Account to specific law enforcement agencies; (b) the allocation of property and amounts of money from the Account to any institution, organisation or fund contemplated in section 68(c); and (c) the administration of the Account. (2) 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. (3) (a) Whenever Cabinet allocates property or money under subsection ( 1 ) to a specific law enforcement agency or to an institution, organisation or fund contemplated in section 68(c)— (i) Cabinet shall indicate the specific purpose for which that property or money is to be utilised; and (ii) the Minister shall forthwith cause all particulars of such allocation to be tabled in Parliament. (b) Property or money allocated under subsection(1) may not be utilised for any other purpose than that specified in terms of paragraph (a)(i). (4) 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. (5) 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 propefiy so allocated and all payments made by him or her in respect of the purpose for which the allocation had been made. (6) The Committee may, after consultation with the Treasury and the Auditor-General. in such manner as it deems necessary, issue guidelines to accountin& officers appointed or designated under subsection (4) in connection with the systems of book-keeping and accounting to be followed by them. (7) Accounting by a law enforcement agency or institution, organisation or fund for property and money allocated to it from the Account under subsection ( ] ) shall be done separately from accounting for money and Propetiy received from any other source. (8) 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 15 20 25 30 35 40 $5 50 55 22 so. 19973 Act SO. 24, 1999 GO\) ERNklENT GAZETTE. 28 APRI1. 1999 PRE\’ENTION OF ORGANISED CRIME .4.MENDMENT ACT. 1999 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. (9) The Auditor-General shall submit a copy of the report on an audit under subsection (8) to the Committee.”. Substitution of section 73 of Act 121 of 1998 5 - 38 Verify source ↗
The following section is hereby substituted for section 73 of the principal Act:
AI-assisted research summary: This section substitutes section 73 of the principal Act with a provision titled “Sharing of information”.
38. The following section is hereby substituted for section 73 of the principal Act: “Sharing of information - 73 Verify source ↗
Notwithstanding the provisions of section 4 of the Income Tax Actl
AI-assisted research summary: When an investigation is started under this Act, the Commissioner of the South African Revenue Services or a designated official must be notified, despite secrecy rules in section 4 and similar laws.
73. Notwithstanding the provisions of section 4 of the Income Tax Actl 1962 (Act No. 58 of 1962), and with regard to any other secrecy provision in similar legislation, whenever any investigation is instituted in terms of 10 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 15 sharing of information.”. Amendment of section 74 of Act 121 of 1998 - 39 Verify source ↗
Section 74 of the principal Act is hereby amended by the substitution for
AI-assisted research summary: Certain listed persons may apply for proceedings to be held behind closed doors.
39. Section 74 of the principal Act is hereby amended by the substitution for paragraph (c) of subsection (1) of the following paragraph: “(c) An application for proceedings to be held behind closed doors may be brought 20 by the National Director, the curator bonis referred to in section [32 or 48] 28 or 42 and any other person referred to in paragraph (b)(ii), and su~ application shall be heard behind closed doors.”. Amendment of section 76 of Act 121 of 1998 - 40 Verify source ↗
Section 76 of the principal Act is hereby amended by the substitution for 25
AI-assisted research summary: A regional court may impose penalties mentioned in section 8 or 71(3)(b), even if they exceed that court’s usual penal jurisdiction.
40. Section 76 of the principal Act is hereby amended by the substitution for 25 subsection (1) of the following subsection: “(l) A regional court shall have penal jurisdiction to impose any penalty mentioned in [sections 8] section 8 or 71 (3)(b), even though that penalty may exceed the penal jurisdiction of that court.”. Amendment of section 80 of Act 121 of 1998 30 - 41 Verify source ↗
Section 80 of the principal Act is hereby amended by the substitution in the
AI-assisted research summary: Certain people already designated or appointed under the old Act are treated as duly designated or appointed to the matching position under this Act when it starts, and they continue in office.
41. Section 80 of the principal Act is hereby amended by the substitution in the Afrikaans text for subsection (1) of the following subsection: “(1 ) Die persoon wat vir doeleindes van artikel 31 van die Wet op die Opbrengs van Misdaad, 1996 (Wet No. 76 van 1996), aangewys is, en enige curator bonis, kurator of ander funksionaris wat ingevolge die bepalings van daardie W e t 35 aangestel is, word, by die inwerkingtreding van hierdie Wet, geag behoorlik tot die ooreenstemmende pos kragtens hierdie W e t aangewys of aangestel te [wees] gewees het en gaan voort om daardie pos te beklee ooreenkomstig die toepaslike wette [wat van toepassing is].”. Repeal of Schedule 2 to Act 121 of 1998 40 - 42 Verify source ↗
Schedule 2 to the principal Act is hereby repealed, the existing Schedule 3
AI-assisted research summary: Schedule 2 to the principal Act is repealed, and the existing Schedule 3 becomes Schedule 2.
42. Schedule 2 to the principal Act is hereby repealed, the existing Schedule 3 becoming Schedule 2. Addition of Schedule 3 to Act 121 of 1998 - 43 Verify source ↗
The following Schedule is hereby added to the principal Act:
AI-assisted research summary: This section adds Schedule 3 to the principal Act.
43. The following Schedule is hereby added to the principal Act: 24 >“(). I 9973 Act NO. 2 4 . 1 9 9 9 G()\”ERNklENT GAZE~E. 2X APRIL. 1999 PREVENTION OF ORGANISED CRIME AMENDhlENT ACT. i 9YY “SCHEDULE 3 Amendment of the International Co-operation in Criminal Matters Act, 1996 (Act No. 75 of 1996) (Section 79) - 1 Verify source ↗
The amendment of section 1 by—
AI-assisted research summary: This section replaces the definitions of “confiscation order” and “restraint order” in section 1.
1. The amendment of section 1 by— (a) (b) the substitution for the definition of “confiscation order” of the following definition: “ ‘confiscation order’ means a confiscation or forfeiture order made under the [Proceeds of Crime Act, 1996] Prevention of Organised Crime Act, 1998 (Act No. 121 of 1998);”; and the substitution for the definition of “restraint order” of the following definition: ‘‘ ‘restraint order’ means a restraint order or preservation of property order made under the [Proceeds of Crime Act, 1996] Prevention of Organised Crime Act, 1998 (Act No. 121 of 1998);”. 5 10 15 Short title - 44 Verify source ↗
This Act shall be called the Prevention of Organised Crime Amendment Act,
AI-assisted research summary: This section states the short title of the Act: the Prevention of Organised Crime Amendment Act, 1999.
44. This Act shall be called the Prevention of Organised Crime Amendment Act, 1999.
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