Government Gazette

Vol. 403, No. 19697, 21 January 1999

Regulation Gazette, No. 6415

No. R. 86 1999

GOVERNMENT NOTICE

DEPARTMENT OF JUSTICE

PREVENTION OF ORGANISED CRIME ACT, 1998 (ACT NO. 121 OF 1998)

PREVENTION OF ORGANISED CRIME REGULATIONS

The Minister of Justice has, under section 77 of the Prevention of Organised Crime Act, 1998 (Act No. 121 of 1998), made the regulations in the Schedule.

SCHEDULE

Definitions

  1. In these regulations any word or expression to which a meaning has been assigned in the Act shall have that meaning and, unless the context otherwise indicates -

"designated person" means the person referred to in regulation 2 and includes, for the purposes of regulations 3(2) and 4, any official of the subcomponent of that person; and

"the Act" means the Prevention of Organised Crime Act, 1998 (Act No. 121 of 1998).

Person to whom suspicion regarding proceeds of unlawful activities to be reported

  1. The Commander of the Subcomponent: Commercial Crime Investigations of the South African Police Service is hereby designated for the purposes of section 7 of the Act.

Nature of information and manner in which it is to be reported

  1. (1) A report contemplated in section 7 of the Act shall be made in writing and shall -
  1. substantially correspond to Form 1 of the Annexure;
  2. contain full particulars of -
  1. the person making the report;
  2. the person against whom the suspicion has been formed, in so far as such particulars are available;
  3. (iii) the transaction or other action whereby the property concerned has come into the possession of the person making the report;
  4. (iv) the property concerned;
  1. set out the grounds on which the suspicion rests;
  2. indicate what documentary or other proof is available in respect of the transaction or other action referred to in paragraph (b)(iii), and of the grounds mentioned in paragraph (c); and
  3. be accompanied by copies of documentation directly relevant to the suspicion and the grounds on which it rests.

(2) The report shall be handed or faxed to the designated person.

Acknowledgement of receipt of report

  1. The designated person shall, on receipt of a report, forthwith acknowledge receipt thereof to the person who has made it, on a form substantially corresponding to Form 2 of the Annexure, and shall affix the stamp of his or her office thereto.

Title

  1. These regulations shall be called the Prevention of Organised Crime Regulations, 1999, and shall come into operation on 21 January 1999.

 

ANNEXURE

FORM 1

REPORT IN TERMS OF SECTION 7 OF THE PREVENTION OF
ORGANISED CRIME ACT, 1998 (ACT NO. 121 OF 1998)

TO: THE COMMANDER: COMMERCIAL CRIME INVESTIGATIONS OF THE SOUTH AFRICAN POLICE SERVICE

I,

(Name)

 

Contact address telephone number and fax number

 

(Business/employment address, telephone number and fax number)

 

in my capacity as
of
,hereby
report as follows:

 

(a) Particulars of the person against whom the suspicion has been formed

Full names:
Identity/passport number:
Nationality:
Occupation:
Residential address in the Republic:
Business/employment address:

 

Telephone numbers: (i) work:

(ii) home:

 

(b) Particulars of the transaction or other action whereby the property concerned came into my possession (including date and place thereof)

c) Particulars of the property in respect of which the suspicion has been formed

(d) Grounds on which the suspicion rests

(e) List of documentation and other proof available in respect of the transaction or other action (paragraph (b)), and grounds (paragraph (d))

(f) Copies of the following documentation, directly relevant to the suspicion and the grounds on which it rests, are attached:

 

Signed at
this
day of

 
(Signature of designated person)

 

FORM 2

ACKNOWLEDGEMENT OF RECEIPT IN TERMS OF REGULATION 4 OF THE PREVENTION OF ORGANISED CRIME REGULATIONS, 1999

 

I,

being the/acting as
designated as contemplated in regulation 2 of the
Prevention of Organised Crime Regulations, 1999, hereby acknowledge receipt of the following report(s)
made in terms of section 7 of the Prevention of Organised Crime Act, 1998 (Act No. 121 of 1998), by
in his/her capacity as
of
on

 

I also acknowledge receipt of copies of the following documentation which accompanied the report(s):

 

Signed at
this
day of

 
(Signature of designated person)