PREVENTION OF ORGANISED CRIME [ACT 121 OF 1998]

CHAPTER 2

OFFENCES RELATING TO RACKETEERING ACTIVITIES (ss 2-3)

2 Offences


(1) Any person who-

(a) (i) receives or retains any property derived, directly or indirectly, from a pattern of racketeering activity; and [Sub-para. (i) substituted by s. 4 (a) of Act 24 of 1999.]

(ii) knows or ought reasonably to have known that such property is so derived;

and [Sub-para. (ii) substituted by s. 4 (a) of Act 24 of 1999.]

(iii) uses or invests, directly or indirectly, any part of such property in acquisition of any interest in, or the establishment or operation or activities of, any enterprise;

(b) (i) receives or retains any property, directly or indirectly, on behalf of any enterprise; and

(ii) knows or ought reasonably to have known that such property derived or is derived from or through a pattern of racketeering activity;

[Sub-para. (ii) substituted by s. 4 (b) of Act 24 of 1999.]

(c) (i) uses or invests any property, directly or indirectly, on behalf of any enterprise or in acquisition of any interest in, or the establishment or operation or activities of any enterprise; and

(ii) knows or ought reasonably to have known that such property derived or is derived from or through a pattern of racketeering activity;

[Sub-para. (ii) substituted by s. 4 (c) of Act 24 of 1999.]

(d) acquires or maintains, directly or indirectly, any interest in or control of any enterprise through a pattern of racketeering activity;

(e) whilst managing or employed by or associated with any enterprise, conducts or participates in the conduct, directly or indirectly, of such enterprise's affairs through a pattern of racketeering activity;

(f) manages the operation or activities of an enterprise and who knows or ought

reasonably to have known that any person, whilst employed by or associated with that enterprise, conducts or participates in the conduct, directly or indirectly, of such enterprise's affairs through a pattern of racketeering activity;

or

(g) conspires or attempts to violate any of the provisions of paragraphs (a), (b), (c), (d), (e) or (f), within the Republic or elsewhere, shall be guilty of an offence.

(2) The court may hear evidence, including evidence with regard to hearsay, similar facts or previous convictions, relating to offences contemplated in subsection (1), notwithstanding that such evidence might otherwise be inadmissible, provided that such evidence would not render a trial unfair.

(3) For purposes of proving a previous conviction during a trial in respect of an offence contemplated in subsection (1), it shall be sufficient to prove the original record of judicial proceedings if a copy of such record, certified or purporting to be certified by the registrar or clerk of the court or other official having the custody of the record of such judicial proceedings or by the deputy of such registrar, clerk or other official or, in the case where judicial proceedings are taken down in shorthand or by mechanical means, by the person who transcribed such proceedings, as a true copy of such record, is produced in evidence at such trial, and such copy shall be prima facie proof that any matter purporting to be recorded thereon was correctly recorded.

(4) A person shall only be charged with committing an offence contemplated in subsection (1) if a prosecution is authorised in writing by the National Director.

3 Penalties

(1) Any person convicted of an offence referred to in section 2 (1) shall be liable to a fine not exceeding R1 000 million, or to imprisonment for a period up to imprisonment for life.

(2) Notwithstanding any other law dealing with the penal jurisdiction of the regional court, if a regional court, after it has convicted an accused of an offence referred to in section 2 (1) following on-

(a) a plea of guilty; or

(b) a plea of not guilty,

but before sentence, is of the opinion that the offence in respect of which the accused has been convicted merits punishment-

(i) in excess of the penal jurisdiction of the regional court but not exceeding a fine of R100 million or a period of 30 years imprisonment, the regional court shall have jurisdiction to impose such penalty even though that penalty exceeds the penal jurisdiction of that court; or

(ii) exceeding a [me of R100 million or a period of 30 years imprisonment or merits imprisonment for life, the regional court shall stop the proceedings and commit the accused for sentence by a High Court having jurisdiction.

(3) If a regional court has committed an accused for sentence by a High Court in terms of subsection (2) the provisions of section 52 of the Criminal Law Amendment Act, 1997 (Act 105 of 1997), notwithstanding the provisions of section 53, shall apply with the necessary changes regarding the referral by the regional court to the High Court.