View Regulation ASSENTED TO 24 NOVEMBER 1998 DATE OF COMMENCEMENT 21 JANUARY 1999 text signed by the President as amended by Prevention of Organised Crime Amendment Act No 24 of 1999 ID: 854857
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1 PREVENTION OF ORGANISED CRIME ACT [View
PREVENTION OF ORGANISED CRIME ACT [View Re
2 gulation] [ASSENTED TO 24 NOVEMBER, 199![gulation]
[ASSENTED TO 24 NOVEMBER, 199](854857/gulation-assented-to-24-november-1998.jpg "gulation]
[ASSENTED TO 24 NOVEMBER, 199")
gulation] [ASSENTED TO 24 NOVEMBER, 1998]
3 [DATE OF COMMENCEMENT: 21 JANUARY, 1999]![[DATE OF COMMENCEMENT: 21 JANUARY, 1999]](854857/date-of-commencement-21-january-1999.jpg "[DATE OF COMMENCEMENT: 21 JANUARY, 1999]")
[DATE OF COMMENCEMENT: 21 JANUARY, 1999] (
4 text signed by the President) as amend
text signed by the President) as amended
5 by Prevention of Organised Crime Amendm
by Prevention of Organised Crime Amendment
6 Act, No. 24 of 1999 Prevention of Orga
Act, No. 24 of 1999 Prevention of Organis
7 ed Crime Second Amendment Act, No. 38 of
ed Crime Second Amendment Act, No. 38 of 19
8 99 Financial Intelligence Centre Act, N
99 Financial Intelligence Centre Act, No.
9 38 of 2001 ACT To introduce measures
38 of 2001 ACT To introduce measures to
10 combat organised crime, money launderin
combat organised crime, money laundering a
11 nd criminal gang activities; to prohibit
nd criminal gang activities; to prohibit ce
12 rtain activities relating to racketeerin
rtain activities relating to racketeering a
13 ctivities; to provide for the prohibitio
ctivities; to provide for the prohibition o
14 f money laundering and for an criminalis
f money laundering and for an criminalise c
15 ertain activities associated with gangs;
ertain activities associated with gangs; to
16 provide for the recovery of the proceed
provide for the recovery of the proceeds o
17 f unlawful activity; for the civil forfe
f unlawful activity; for the civil forfeitu
18 re of criminal assets that have been use
re of criminal assets that have been used e
19 eds of unlawful activity; to provide for
eds of unlawful activity; to provide for th
20 e establishment of a Criminal Assets Rec
e establishment of a Criminal Assets Recove
21 ryTrafficking Act, 1992; to amend the In
ryTrafficking Act, 1992; to amend the Inter
22 national Co-operation in Criminal Matter
national Co-operation in Criminal Matters A
23 ct, 1996; to repeal the Proceeds of Crim
ct, 1996; to repeal the Proceeds of Crime A
24 ct, 1996; to incorporate the provisions
ct, 1996; to incorporate the provisions con
25 tained in the Proceeds of Crime Act, 199
tained in the Proceeds of Crime Act, 1996;
26 and to provide for matters connected the
and to provide for matters connected therew
27 ith. —WHEREAS the Bill of Rights i
ith. —WHEREAS the Bill of Rights in t
28 he Constitution of the Republic of South
he Constitution of the Republic of South Af
29 rica, 1996 (Act No. 108 of 1996), enshri
rica, 1996 (Act No. 108 of 1996), enshrines
30 the rights of all people in the Republi
the rights of all people in the Republic a
31 nd affirms the democratic values of huma
nd affirms the democratic values of human d
32 ignity, equality and freedom; AND WHERE
ignity, equality and freedom; AND WHEREAS
33 the Constitution places a duty on the St
the Constitution places a duty on the State
34 to respect, protect, promote and fulfil
to respect, protect, promote and fulfil th
35 e rights in the Bill of Rights; AND WHE
e rights in the Bill of Rights; AND WHEREA
36 S there is a rapid growth of organised c
S there is a rapid growth of organised crim
37 e, money laundering and criminal gang ac
e, money laundering and criminal gang activ
38 ities nationally and internationally and
ities nationally and internationally and si
39 nce organised crime has internationally
nce organised crime has internationally bee
40 n identified as an international securit
n identified as an international security t
41 hreat; AND WHEREAS organised crime, mon
hreat; AND WHEREAS organised crime, money
42 laundering and criminal gang activities
laundering and criminal gang activities inf
43 ringe on the rights of the people as ens
ringe on the rights of the people as enshri
44 ned in the Bill of Rights; AND WHEREAS
ned in the Bill of Rights; AND WHEREAS it
45 is the right of every person to be prote
is the right of every person to be protecte
46 d from fear, intimidation and physical h
d from fear, intimidation and physical harm
47 caused by the criminal activities of vi
caused by the criminal activities of viole
48 nt gangs and individuals; AND WHEREAS o
nt gangs and individuals; AND WHEREAS orga
49 nised crime, money laundering and crimin
nised crime, money laundering and criminal
50 gang activities, both individually and c
gang activities, both individually and coll
51 ectively, present a danger to public ord
ectively, present a danger to public order