Prevention of Organised Crime Act, 1998

The Prevention of Organised Crime Act (Act No. 121 of 1998) of South Africa was adopted on 4 December 1998 and commenced on 21 January 1999.

This Act is aimed at giving the police and prosecutors new powers to help them deal effectively with organised crime, money laundering and criminal gang activities. The Act, amongst others, creates a new offence of participating in the affairs of any criminal organisation. It also allows the State to seize assets used to commit crimes or which are the proceeds of crime through a civil action and it criminalises certain activities of street gangs, such as the recruitment of members. It provides for the establishment of a Criminal Assets Recovery Account.

Furthermore, this Act amends the Drugs and Drug Trafficking Act, 1992 and the International Co-operation in Criminal Matters Act, 1996. It repeals the Proceeds of Crime Act, 1996 and incorporates the provisions contained in the Proceeds of Crime Act, 1996.

The Prevention of Organised Crime Act, 1998 was amended by the Prevention of Organised Crime Amendment Act, 1999 (Act No. 24 of 1999) as well as by the Prevention of Organised Crime Second Amendment Act (Act No. 38 of 1999).