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Published online by Cambridge University Press: 28 July 2009
The Prevention of Organised Crime Act, 1998, and its two amendment Acts passed in 1999 represent a major effort on the part of the South African authorities to combat the rapid growth in organized crime, money laundering and criminal gang activities both nationally and internationally. The Preamble to the 1998 Act provides a useful background. It states that because it is:
“usually very difficult to prove the direct involvement of organised crime leaders in particular cases, because they do not perform the actual criminal activities themselves, it is necessary to criminalise the management of, and related conduct in connection with enterprises which are involved in a pattern of racketeering activity.”
1 Prevention of Organised Crime Second Amendment Act, 1999, s. 1. The constitutionality of this provision has yet to be tested.
2 As amended by the Prevention of Organised Crime Amendment Act, 1999.
3 Op. cit.
4 A “criminal gang” includes any formal or informal ongoing organization, association or group of more than three persons, which has as one of its activities the commission of one or more criminal offences, which has an identifiable name or identifying sign or symbol, and whose members individually or collectively engage in or have engaged in a pattern of criminal gang activity: (s. 1(iv)).