Keightley, Raylene --- "Asset Forfeiture in South Africa under the Prevention of Organised Crime Act 121 of 1998" [2009] ELECD 220; in Young, N.M. Simon (ed), "Civil Forfeiture of Criminal Property" (Edward Elgar Publishing, 2009)

Book Title: Civil Forfeiture of Criminal Property

Editor(s): Young, N.M. Simon

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781847208262

Section: Chapter 4

Section Title: Asset Forfeiture in South Africa under the Prevention of Organised Crime Act 121 of 1998

Author(s): Keightley, Raylene

Number of pages: 32

Extract:

4. Asset forfeiture in South Africa under
the Prevention of Organised Crime
Act 121 of 1998
Raylene Keightley*

INTRODUCTION
Civil asset forfeiture has been on the statute books in South Africa for approx-
imately 15 years.1 A narrow form of civil asset forfeiture was first introduced
in 1992. Initially, under the Drugs and Drug Trafficking Act (No. 140 of 1992),
a conviction-based scheme of civil forfeiture applied in respect of benefits
derived by persons convicted of drug trafficking offences.2 This regime was


* The views expressed in this chapter are my personal views.
1 I use the term `civil asset forfeiture' in this chapter to refer to asset forfeiture
that is implemented by way of a civil legal process which, although it may sometimes
operate in parallel with criminal proceedings, has been introduced into the law as an
additional law enforcement measure and is not primarily penal in nature. Therefore, I
include under consideration the scheme of asset forfeiture which is commonly referred
to in South Africa as `criminal forfeiture', i.e. asset forfeiture which is aimed at strip-
ping convicted persons of the benefit they have derived from their crimes.
2 Chapter 5 of the Drugs and Drug Trafficking Act (No. 140 of 1992), which
chapter was repealed by s. 37 of the Proceeds of Crime Act (No. 76 of 1996). A convic-
tion-based form of forfeiture is retained in the amended Drugs and Drug Trafficking Act.
Section 25 provides that a court convicting an accused ...