Academic literature on the topic 'Prevention of Organised Crime Act of 1998'
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Journal articles on the topic "Prevention of Organised Crime Act of 1998"
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Nel, Jeanne K. "The constitutional rights of children and the Prevention of Organised Crime Act 121 of 1998." Journal of Financial Crime 11, no. 2 (2004): 195–206. http://dx.doi.org/10.1108/13590790410809121.
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van der Linde, Delano Cole. "Does the Aggravated Sentencing Regime under the Prevention of Organised Crime Act 121 of 1998 Violate Freedom of Association? A Constitutional and Comparative Analysis." Stellenbosch Law Review 2021, no. 2 (2021): 288–305. http://dx.doi.org/10.47348/slr/2021/i2a6.
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In terms of section 10(3) of the Prevention of Organised Crime Act 121 of 1998 (“POCA”), a court may impose an aggravated sentence on a criminal offender if the offender was a gang member at the time of the commission of a crime. The court is entitled to apply section 10(3) to the sentencing of any common-law or statutory offence, save for the gang-related offences in Chapter 4 of POCA. As aggravated punishment is attached directly to a person’s status as a gang member, one must question whether such aggravated punishment does not violate the right to freedom of association in section 18 of the Constitution of the Republic of South Africa, 1996. Section 18 is an unqualified right and subject only to the limitations clause under section 36 of the Constitution. The purpose of this contribution is to investigate whether the associational freedom guaranteed by the Constitution may be limited in light of considerations under international law (such as the International Covenant on Civil and Political Rights, the African Charter on Human and Peoples’ Rights and the European Convention on the Protection of Human Rights and Fundamental Freedoms) as well as foreign law (specifically the United States and Germany). The consensus is, broadly speaking, that persons are nondeserving of associational protection where the conduct connected to such an association is criminal in nature. Increased criminal consequences are justifiable where a person’s unlawful conduct is also connected to their status and activity as a member of a criminal organisation. However, increased criminal consequences based merely on a person’s membership of a criminal organisation, as is the case in terms of section 10(3) of POCA, is considered arbitrary and irrational. The conclusion is that section 10(3) of POCA should be amended so that it applies only to crimes that are related to a convicted person’s gang-related activities.
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Rhimes, Michael. "Forfeiting proceeds: Civil forfeiture, the right to property and the Constitution." South African Law Journal 138, no. 2 (2021): 325–68. http://dx.doi.org/10.47348/salj/v138/i2a4.
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Civil forfeiture powers are a useful tool in the fight against crime — particularly the organised kind. They deter such crime by removing the proceeds from wrongdoers, thereby diminishing the incentives for offending. However, as the courts in South Africa have long recognised, the forfeiture powers must be calibrated to ensure a fair balance between the public interest in crime deterrence and private interests such as the right to property. Achieving this balance when forfeiting proceeds is a vexed question which this article seeks to explore. It argues that while the forfeiture of proceeds will usually be justified by the legitimate aim of crime deterrence, forfeiture should nevertheless be subject to a proportionality check. This check is arguably required by the property clause in s 25(1) of the Constitution of the Republic of South Africa, 1996, and is justified by the need to constrain the breadth of the powers under the Prevention of Organised Crime Act. It then explores what situations might justify refusing forfeiture of proceeds, and how the proportionality check should be applied.
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Nanima, Robert Doya. "The Prevention of Organised Crime Act 1998: The Need for Extraterritorial Jurisdiction to Prosecute the Higher Echelons of Those Involved in Rhino Poaching." Potchefstroom Electronic Law Journal 22 (October 11, 2019): 1–46. http://dx.doi.org/10.17159/1727-3781/2019/v22i0a5194.
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The continuous rising levels of rhino poaching in South Africa require smart strategies that move beyond prosecuting the actual poachers to engaging the transnational criminals who deal with the rhino horn after it leaves the country. In this regard, South Africa has a number of laws that deal with the poaching of rhino horns. The Prevention of Organised Crime Act 121 of 1998 (POCA) does not provide for the adequate prosecution of offenders outside South Africa. It is argued that the POCA has to be amended to provide for extraterritorial jurisdiction to deal with the prosecution of the higher echelons of those involved in rhino poaching. While the POCA provides for extraterritorial jurisdiction in some respects, the application of these provisions still presents challenges in their implementation. To substantiate this claim, this article first discusses the international networks that support the trade in rhino horn. A critique of the available statistics on rhino poaching follows, as does a suggestion that attention must be paid to the details in the statistical records to understand how desperate the situation is. Thereafter, an evaluation of South Africa's legislative framework and other interlinking factors that affect rhino poaching is performed This demonstrates the need for extraterritorial jurisdiction with regard to rhino poaching.
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Moss, Kate. "Crime Prevention v Planning: Section 17 of the Crime and Disorder Act 1998. Is it a Material Consideration?" Crime Prevention and Community Safety 3, no. 2 (2001): 43–48. http://dx.doi.org/10.1057/palgrave.cpcs.8140088.
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Nixon, Judy, and David Prior. "Disciplining Difference – Introduction." Social Policy and Society 9, no. 1 (2009): 71–75. http://dx.doi.org/10.1017/s1474746409990200.
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Addressing anti-social behaviour (ASB) has been a major policy priority of New Labour since it came to power in 1997. This is reflected in a series of legislative powers enabling a range of agencies to take legal action to tackle ASB (e.g. Crime and Disorder Act 1998; Police Reform Act 2002; Anti-Social Behaviour Act 2003; Serious Organised Crime and Police Act 2005) and in a number of national policy initiatives (e.g. the Home Office ‘Together’ Campaign, 2003; the Respect Action Plan, 2006; the Youth Task Force Action Plan, 2007). These developments are the subject of a growing body of academic analysis and critique, much of which has focused on the use of the ASB powers in the regulation of particular neighbourhoods and communities, especially social housing areas of predominantly White working-class residents (Burney, 2005; Flint, 2006), and of young people, again mostly White and working class (Squires and Stephen, 2005). Specific service or practice developments arising out of ASB policy have also been analysed, for example, Family Intervention Projects (Nixon et al., 2006, 2008), Anti-Social Behaviour Teams (Prior et al., 2006), and the use of ASBOs (Squires, 2006; Matthews et al., 2007) and Dispersal Orders (Crawford and Lister, 2007).
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Haines, Kevin, and Stephen Case. "Promoting Prevention: A Multi-agency Initiative to Prevent Youth Offending Through Consultation in Swansea Schools." Youth Justice 4, no. 2 (2004): 117–32. http://dx.doi.org/10.1177/147322540400400204.
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The purpose of this article is to set out Swansea’s response to the Crime and Disorder Act 1998 and related matters, which encompasses an explicitly universal, positive and young person-focused approach to crime prevention. This stands in contrast to more controlling or punitive practices developed elsewhere. Research into the multi-agency, multiple intervention Promoting Preventionprogramme has utilised an interactive, computer-based questionnaire with young people aged 11-15 to identify risk and protective factors associated with youth offending in Swansea. This has enabled the Promoting Preventionsteering group to begin to target appropriate interventions to reduce and prevent youth offending, as reflected in the decrease in official offending locally.
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Arifin, Ridwan. "LAW ENFORCEMENT IN BANKING CRIMINAL ACT INVOLVING INSIDERS." Jambe Law Journal 1, no. 1 (2018): 55–90. http://dx.doi.org/10.22437/home.v1i1.7.
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The rise of news in the mass media related to burglary cases of bank customer funds further raises public awareness of the vulnerability of the banking sector used as a means (crimes through the bank) and as the target of crime against the bank. On the other hand, the awareness is intended to further convince each party that the bank in conducting its business activities must be managed and managed by parties who have integrity and good competence. The purpose of this research is to: (1) analyze and describe the implementation of the rule of law in handling banking criminal case involving insider; and (2) to know and analyze government efforts both preventive and repressive in handling banking crime cases in Indonesia, especially in cases involving insiders. The results showed that the implementation of law in handling banking crime cases in addition to using Law No. 10 of 1998 on Amendment to Law No. 7 of 1992 concerning to Banking (Banking Act), also used several provisions of article in the Criminal Code (KUHP) and Law No. 20 Year 2011 jo. Law No. 31 Year 1999 on the Eradication of Corruption. The role of Bank Indonesia in the enforcement of law in the form of investigation and/or forensic examination of banking crime that occurred in a bank which then the result of investigation is reported to law enforcement in accordance with applicable Criminal Procedure Code. Enforcement and prevention efforts are conducted jointly through the synergy of Bank Indonesia, the Police and the Attorney. In addition, Bank Indonesia also applied the principle of know your customer and compliance function as a preventive effort for banking crime. The weakness of internal controls is the cause of the ineffectiveness of handling of banking crime cases, especially those involving insiders, a memorandum of understanding between Bank Indonesia, the Police and the Attorney Office is only a moral obligation, should be more binding so that it can become one of the more powerful law enforcement tools.
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Arifin, Ridwan. "LAW ENFORCEMENT IN BANKING CRIMINAL ACT INVOLVING INSIDERS." Jambe Law Journal 1, no. 1 (2018): 55–90. http://dx.doi.org/10.22437/jlj.1.1.55-90.
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The rise of news in the mass media related to burglary cases of bank customer funds further raises public awareness of the vulnerability of the banking sector used as a means (crimes through the bank) and as the target of crime against the bank. On the other hand, the awareness is intended to further convince each party that the bank in conducting its business activities must be managed and managed by parties who have integrity and good competence. The purpose of this research is to: (1) analyze and describe the implementation of the rule of law in handling banking criminal case involving insider; and (2) to know and analyze government efforts both preventive and repressive in handling banking crime cases in Indonesia, especially in cases involving insiders. The results showed that the implementation of law in handling banking crime cases in addition to using Law No. 10 of 1998 on Amendment to Law No. 7 of 1992 concerning to Banking (Banking Act), also used several provisions of article in the Criminal Code (KUHP) and Law No. 20 Year 2011 jo. Law No. 31 Year 1999 on the Eradication of Corruption. The role of Bank Indonesia in the enforcement of law in the form of investigation and/or forensic examination of banking crime that occurred in a bank which then the result of investigation is reported to law enforcement in accordance with applicable Criminal Procedure Code. Enforcement and prevention efforts are conducted jointly through the synergy of Bank Indonesia, the Police and the Attorney. In addition, Bank Indonesia also applied the principle of know your customer and compliance function as a preventive effort for banking crime. The weakness of internal controls is the cause of the ineffectiveness of handling of banking crime cases, especially those involving insiders, a memorandum of understanding between Bank Indonesia, the Police and the Attorney Office is only a moral obligation, should be more binding so that it can become one of the more powerful law enforcement tools.
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Maguchu, Prosper Simbarashe. "Money laundering, lawyers and President’s intervention in Zimbabwe." Journal of Money Laundering Control 20, no. 2 (2017): 138–49. http://dx.doi.org/10.1108/jmlc-01-2016-0004.
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Purpose This study aims to analyse the effects of the Presidential Powers (Temporal Measures), amendment to the Money Laundering and Proceeds of Crime Act to include legal practitioners under the list of designated non-financial business and professions. Design/methodology/approach The study is a textual analysis of anti-money laundering legislation [anti-money laundering (AML) legislation] within the context of legal practice in Zimbabwe. Findings The amendment put Zimbabwe on the international standard in the fight against money laundering, as legal practitioners have become a soft target for money laundering. Despite its noble aim, in Zimbabwe there is anecdotal evidence that the AML legislation turns lawyers into watchdogs or law enforcement agents. On the contrary, the amendment prevents lawyers from falling to the mercy of organised criminals and money launderers. Furthermore, there is a dearth of empirical research that can demystify the impact of some of the provisions of this law on contested issues, such as legal professional privilege. Research limitations/implications This study aims to outline the rationale for anti-money laundering policy and law. This study will analyse how the issue has been approached in other jurisdictions such as England and Wales. The paper will then try to establish coherent principles in the prevention of money laundering. This study will also suggest a number of recommendations as to how Zimbabwe could approach some of the issues while still considering the need to balance competing influences of legal privilege and money laundering regulations. Practical implications The paper will bring this issue to the fore and initiate an informed debate, as well as provide practical talking points for legal practitioners to embrace the AML regime and to engage policymakers on the issues that need reform. Originality/value This paper provides the first in depth analysis of the money laundering legislation in the legal fraternity in Zimbabwe and goes to offer practical tips and entry points on the application of the regulations or for advocacy towards any reform as might be needed.
Dissertations / Theses on the topic "Prevention of Organised Crime Act of 1998"
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Hamman, Abraham John. "The impact of anti-money laundering legislation on the legal profession in South Africa." Thesis, University of the Western Cape, 2015. http://hdl.handle.net/11394/4766.
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Doctor Legum - LLD<br>This thesis investigates the legislative measures employed in South Africa to combat the implication of lawyers in money laundering schemes. Criminals make use of sophisticated technological means to transfer money and launderers routinely approach lawyers to assist them in their illegal endeavours. The legal profession is almost tailor-made for abuse by launderers, because lawyers work with huge amounts of money, clients are entitled to legal professional privilege and the right to legal representation is guaranteed constitutionally. The South African anti-money laundering regime, for the most part, is contained in two statutes, the Financial Intelligence Centre Act (FICA) and the Prevention of Organised Crime Act (POCA). Whilst FICA and POCA require the legal profession to be vigilant and accountable in the fight against money laundering, unfortunately they also infringe on hard-won rights, such as legal professional privilege, the right to legal representation and attorney-client confidentiality. The study considers South Africa’s efforts to fulfil its international anti-money laundering obligations whilst upholding the criminal procedural rights guaranteed in the Constitution. It is
suggested that certain sections of FICA and POCA fail to find the required balance
between protecting citizens from the harms of money laundering and protecting
the fundamental rights of attorneys and their clients. Lawyers are in a unique position of trust and in some instances have access to information that may incriminate their clients. Unfortunately, in its quest to combat money laundering, Parliament did not consider seriously enough the position of lawyers and took the easy option of criminalising fees paid with tainted funds, as well as the non-submission of suspicious transaction reports (STRs) and cash transaction reports (CTRs). As a result, the South African legal profession is saddled with unacceptable constraints.
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Juicy, Gavin Winston Bill. "Confiscation orders in terms of the prevention of Organised Crime Act." Thesis, Nelson Mandela Metropolitan University, 2008. http://hdl.handle.net/10948/750.
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The Prevention of Organised Crime Act brought major changes to the South African criminal law context. Through the Act, major confiscatory provisions were established. The Act does not only target convicted criminals, but also any person who is in possession of tainted property that was used in the commission of offences. Civil forfeiture is the most widely used procedure in forfeiture proceedings. In the dissertation the effectiveness of criminal and civil confiscation is outlined. The historical development of confiscation and forfeiture provisions in South African is discussed with reference to the common law, legislation and international instruments and how international developments have influenced local development. This treatise consist of an overview of the confiscation provisions in the Prevention of Organised Act 121 of 1998 as one of the measures the South African legislature put in place to deal with organised crime. Since the Prevention of Organised Crime Act was passed, the courts have given meaning to what is an instrumentality of an offence and the proceeds of unlawful activities as a measure to counter organised crime. This treatise refers to those cases given the definition of an instrumentality of an offence and the proceeds of unlawful activities. For the purpose of effectively dealing with organised crime, this treatise contains a discussion on the effectiveness of criminal and civil confiscation procedure. The justification for asset forfeiture is outlined.
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Fisher-Klein, Schane Francis. "Problematic issues pertaining to racketeering offences in the prevention of organised Crime Act 121 of 1998." Diss., 2013. http://hdl.handle.net/2263/37286.
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Organised crime is a worldwide phenomenon, which also affects South Africa. In
many instances organised crime is transnational. Consequently, South Africa had to
develop legislation in order adequately to deal with organised syndicates and
associations of criminals, and bring its legal system in line with international
standards aimed at combating transnational organised crime.
In the United States of America organised crime, and any conduct that meets a
“pattern of racketeering”, are prosecuted under the Racketeering Influenced and
Corrupt Organizations Act 18 USCA 1961-1968. This legislation played a significant
role when racketeering offences were formulated in the South African Act.
The Prevention of Organised Crime Act 121 of 1998 inter alia includes aspects such
as racketeering, money laundering, gangs and the civil recovery of property. It also
deals with conduct of individual wrongdoing and crimes that cannot be categorised
as organised crime. This study focuses on problematic aspects with regard to
racketeering offences in Chapter 2 of the Act that are probably going to labour the
Constitutional Court and/or the Supreme Court of Appeal in the near future.
One of the problematic aspects of Chapter 2 of the Act is that it does not include a
definition of “racketeering”. It only describes the different types of conduct which may
lead to a successful prosecution on racketeering offences. The legislation also
introduces new concepts, such as “enterprise” and “pattern of racketeering activity”.
Therefore, in order to determine whether the State will succeed in prosecuting an
accused with racketeering offences, it must be established what is meant by the
terms of being part of an “enterprise” and what a “pattern of racketeering activity”
entails.
Also of importance is the requirement that two or more offences referred to in
Schedule 1 of the Act must have been committed for a successful prosecution.
Although the South African courts have considered this aspect there is still room for discussion as to whether an accused must have previously been convicted of two or
more criminal offences referred to in Schedule 1 for a conviction on racketeering
offences, or whether the commission of one offence will suffice.
The offence of racketeering does not only consist of the commission of an act in
itself. The membership or association with a legal or illegal organisation also plays a
vital role to determine culpability. This study looks at the possible role (s) that an
accused may fulfil when he is involved as a member of an organisation involved with
racketeering offences. Another aspect that needs to be clarified is the requirement relating to fault. The
element of unlawfulness is also problematic when an accused did not foresee the
possibility of unlawfulness of his actions. Close consideration is given to the
requirements for culpability and whether mere negligence on the part of a role player
is sufficient as a form of mens rea for a successful prosecution or not.
The element of unlawfulness is also discussed. Ordinary citizens may raise the issue
that they did not know that the commission of two or more offences mentioned in
Schedule 1, may lead to the prosecution of a racketeering offence. Therefore, it is
crucial to determine whether a role player must have the necessary knowledge of
unlawfulness to commit the racketeering offences.
The fact that the Act has been introduced in the South African legal system to
criminalise racketeering offences does not exclude the scenario that each case must
be decided on its own particular set of facts. It is clear from the research presented
that there must be one or other link between the accused person, the “enterprise”
and the “pattern of racketeering activities” for a successful prosecution on a
racketeering offence.
This study seeks to provide assistance to legal practitioners when their clients are
faced with prosecution on a racketeering offence. The study also discusses the real
risk of a possible duplication of convictions.<br>Dissertation (LLM)--University of Pretoria, 2013.<br>gm2014<br>Procedural Law<br>unrestricted
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Damon, Peter-John. "Prevention of Organized Crime Act 121 of 1998 : a constitutional analysis of section 2,4,5,6, chapter 5 and chapter 6." Diss., 2016. http://hdl.handle.net/10500/21517.
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Since the advent of the new democratic order established under the 1996 Constitution, South Africa has been plagued with many new challenges .One of the facts that our new democratic state could not ignore was the rapid increase in both national and international, organized criminal activity .The South African Legislature realizing the desire to combat serious criminal activities, introduced into South African Law, the Prevention of Organized Crime Act 121 of 1998. The Act recognizes that conventional criminal penalties are inadequate as measures of deterrence when organized crime leaders are able to retain the considerable gains derived from organized crime, even on those occasions when they are brought to justice. It strives to strip sophisticated criminals of the proceeds of their criminal conduct. The Courts, in applying this legislation, has also created a new field of law that had until the advent of the Act, not existed in South African Law, namely organized crime law. A field, distinct from the ordinary principles of criminal law. The bulk of jurisprudence created over the past decade or more, however seems to be threatened to be undone by the recent judgment concerning the constitutionality of certain provisions of the Act. The confirmation of this judgment is being considered by the Constitutional Court and the purpose of this thesis is to argue against the confirmation of this judgment<br>Public, Constitutional and International Law<br>LL. M.
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Van, Jaarsveld Izelde Louise. "Aspects of money laundering in South African law." Thesis, 2011. http://hdl.handle.net/10500/5091.
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Money laundering involves activities which are aimed at concealing benefits that were acquired
through criminal means for the purpose of making them appear legitimately acquired. Money
laundering promotes criminal activities in South Africa because it allows criminals to keep the
benefits that they acquired through their criminal activities. It takes place through a variety of
schemes which include the use of banks. In this sense money laundering control is based on the
premise that banks must be protected from providing criminals with the means to launder the
benefits of their criminal activities.
The Financial Intelligence Centre Act 38 of 2001 (‘FICA’) in aggregate with the
Prevention of Organised Crime Act 121 of 1998 (‘POCA’) form the backbone of South Africa’s
anti-money laundering regime. Like its international counterparts FICA imposes onerous duties
on banks seeing that they are most often used by criminals as conduits to launder the benefits of
crime. In turn, POCA criminalises activities in relation to the benefits of crime and delineates
civil proceedings aimed at forfeiting the benefits of crime to the state. This study identifies the
idiosyncrasies of the South African anti-money laundering regime and forwards
recommendations aimed at improving its structure.
To this end nine issues in relation to money laundering control and banks are investigated.
The investigation fundamentally reveals that money laundering control holds unforeseen
consequences for banks. In particular, a bank that receives the benefits of crimes such as fraud
or theft faces prosecution if it fails to heed FICA’s money laundering control duties, for example,
the filing of a suspicious transaction report. However, if the bank files a suspicious transaction
report, it may be sued in civil court by the customer for breach of contract. In addition, if the bank
parted with the benefits of fraud or theft whilst suspecting that the account holder may not be
entitled to payment thereof, it may be sued by the victim of fraud or theft who seeks to recover
loss suffered at the hand of the fraudster or thief from the bank.
Ultimately, this study illustrates that amendment of some of the provisions of South
Africa’s anti-money laundering legislation should enable banks to manage the aforementioned
and other unforeseen consequences of money laundering control whilst at the same time
contribute to the South African anti-money laundering effort.<br>Criminal and Procedural Law<br>Mercantile Law<br>LL.D.
Books on the topic "Prevention of Organised Crime Act of 1998"
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Africa, South. Prevention of Organised Crime Act, 121 of 1998: Prevention and Combating of Corrupt Activities Act, 12 of 2004 & regulations. Edited by Juta Law (Firm), South Africa, and South Africa. Juta Law, 2012.
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United States. Congress. House. Committee on Banking and Financial Services. Subcommittee on Financial Institutions and Consumer Credit., ed. Bank Secrecy Act reporting requirements: Joint hearing before the Subcommittee on General Oversight and Investigations and the Subcommittee on Financial Institutions and Consumer Credit of the Committee on Banking and Financial Services, U.S. House of Representatives, One Hundred Sixth Congress, first session, April 20, 1999. U.S. G.P.O., 1999.
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Office, Great Britain Home, and Great Britain. Home Office. Communication Directorate., eds. Guidance on statutory crime and disorder partnerships: Crime and Disorder Act 1998. Home Office Communication Directorate, 1998.
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1946-, Clinton Bill, and United States. Congress. House. Committee on the Judiciary, eds. Proposed legislation, International Crime Control Act of 1998: Message from the President of the United States transmitting a draft of porposed legislation to deter and punish international crime, to protect United States nationals and interests at home and abroad, and to promote global cooperation against international crime. U.S. G.P.O., 1998.
Find full textBook chapters on the topic "Prevention of Organised Crime Act of 1998"
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Le Sueur, Andrew, Maurice Sunkin, and Jo Eric Khushal Murkens. "20. Using Human Rights in the United Kingdom Courts." In Public Law. Oxford University Press, 2019. http://dx.doi.org/10.1093/he/9780198820284.003.0020.
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This chapter examines the use of human rights in the domestic courts of the UK. The chapter is organized as follows. Section 2 considers the main features of the Human Rights Act 1998 (HRA). Section 3 looks at the issue of judicial deference to the executive and Parliament in human rights situations. Sections 4 and 5 examine two case studies. The first of these is the litigation brought by Shabina Begum challenging her school’s decision preventing her from wearing a jilbab to school. The second case study considers the litigation that followed the enactment of Pt IV of the Anti-terrorism, Crime, and Security Act 2001, and the challenges to control orders imposed under the Prevention of Terrorism Act 2005.