Prevention of Organised Crime Second Amendment Act, 1999

The Prevention of Organised Crime Second Amendment Act (Act No. 38 of 1999) of South Africa was adopted and commenced on 7 September 1999.

The above Act amends the Prevention of Organised Crime Act, 1998, so as to ensure that the provisions of Chapters 3.5 and 6 are applicable in respect of instrumentalities of offences and proceeds of unlawful activities, and property used in the commission of an offence, where such offences or unlawful activities occurred before the commencement of the principal Act.

In addition, the purpose of the Act is 

• to further regulate the seizure of certain property and the making of orders ancillary to restraint orders and preservation of property orders;
• to further regulate appeals against certain orders;
• to further regulate the exclusion of interests in property; and
• to further regulate transitional arrangements.

The enactment of this legislation was required as a consequence of conflicting High Court judgments in this regard.